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E-FILED 2013 AUG 05 8:25 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 05 8:25 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 05 8:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, vs. Defendant/Respondent.

Sac

COUNTY Civil

sTr. Criminal
NO.

Cik)C^\Zm
J S

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: ^ j C f / \ JIomePhoTrie: (f^^ Cell Phone: VSL Apt# Birth Date: E-mail: J<nfi City .C$W * S. " '' c \ ^ State 6 o X Zip 3

Street Address: \\OVgL P&^Y g ^ V ^ Street/P.O.Box Pending charges: Do you have a job?

r v f t J l & S >fe? f f l a . } f \ i c i / v ' A , No Job & Yes, Full Time


JACL^

In Jail? Yes No frv^ " 1^/71 )

Yes, Part Time (List Hours/week:

Who do you work for? j W ^ A

?
How much money do you currently make before taxes or deductions? a | ^ j o O ' per hour CT'month year How much money have you made in the last 12 monthsfromany source, before taxes or deductions? J- 11 hflnC jP/-j.Y/*U>.cJ 3 t i l s J U j r / Y t O T f ^ r - - . S<Li% -fJlivJlL , *LMl How many family members are supported by^f-Kve willryou? P ^ - O f t i & - y ^ (/' a. A/iA./W If a spouse lives with you, how much money does your spouse make? per hour month year
i

List all other money you, or anyone else living in your household, has coming iaffiJ7!)S\fo ' "fi^a^ C?)tf\>^ ^ JO\r>

T^-^ay

fli*jcJ<S

^ ^ $ # 5 7 & a A r ^ o.frW" ^ a t a A

_ _ _

List what you own including money in banks, cars, trucks, other vehicles, land, housebuildings, cash, or anything else worth more than $100: CJOA. t Wfi^ = ^ f f t e g ^ ( V x / ) ^ y , S ^ x ^ S 7 List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: C\r.]r fopr.lf
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^B) jn^y ; 'fypW(*

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I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me.

Date^J^SLlsWPP

//

Signature^

_
Rev. 1/6/12

E-FILED 2013 AUG 12 8:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012388 vs. RYAN ISREAL FRY , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE Defendant enters a not guilty plea to the accompanying failure to maintain control charge. The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime(s) indicated above. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - Minimum 7 days 2 Years Prison And/Or a fine of not less than $1,875 or more than $6,250 You will lose your license for a minimum of 365 days and cannot obtain a work permit for 90 days.
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E-FILED 2013 AUG 12 8:41 AM SAC - CLERK OF DISTRICT COURT

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court. 5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: (1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE. 6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at the . If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff

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E-FILED 2013 AUG 12 8:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012388 Type: Case Title STATE VS RYAN ISRAEL FRY HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-08-12 08:41:30

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E-FILED 2013 AUG 12 11:05 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. RYAN ISREAL FRY , DEFENDANT. 02811 OWCR012388 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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E-FILED 2013 AUG 12 11:05 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012388 Type: Case Title STATE VS RYAN ISRAEL FRY ORDER APPOINTING So Ordered

Electronically signed on 2013-08-12 11:04:55

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. RYAN ISRAEL FRY, DOB: 12-5-1979 Defendant. TRIAL INFORMATION Case No. OWCR012388

COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses Defendant, Ryan Israel Fry (defendant) of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Section 321J committed as follows: On or about August 3, 2013, in Sac County, Iowa, defendant did unlawfully and willfully operate a motor vehicle by one or more of the following means: while under the influence of an alcoholic beverage or drugs or a combination of such substances; while having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; and while any amount of a controlled substance is present in the person as measured in the person's blood or urine. The defendant has been convicted of and / or received a deferred judgment for such an offense once before; the said defendant having been convicted of OWI in Sac County, Iowa OWCR011692 (Judgment Entry 11/2/2010).

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 AUG 29 9:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012388 Approval of Trial Information Case Title STATE VS RYAN ISRAEL FRY

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2013-08-29 09:59:12

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E-FILED 2013 AUG 28 2:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. RYAN ISRAEL FRY, Defendant. CRIMINAL CAUSE NO. OWCR012388

Attachment to Trial Information Witness List

NAMES OF WITNESSES: Kristan Erskine, Deputy, Sac County Sheriff's Department Donna Geery, Clerk of Court, Sac County Clerk of Court James A. Bleskacek, Michael M. Tate, or Designated Criminalist, Iowa Department of Public Safety, Criminal Investigation Division, Criminalistics Laboratory

E-FILED 2013 AUG 29 9:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. OWCR012388 Plaintiff, ORDER SET ARRAIGNMENT AND APPROVE BOND VS. RYAN ISRAEL FRY, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 10th day of September 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other: [X] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation and provide it to the Court. Failure to do so may result in the revocation of Defendants Pre Trial Release.

State of Iowa Courts Type: Case Number OWCR012388 ORDER FOR ARRAIGNMENT Case Title STATE VS RYAN ISRAEL FRY So Ordered

Electronically signed on 2013-08-29 09:59:12

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E-FILED 2013 SEP 09 10:13 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOTIRTFOR SAC COIINTY STATEOI-IOWA. Vs. RYAN ISRAI]I,FRY Delendant
DateTrial Informationfiled: crin.rinal caseand underoathstatcs: in thc above-captioned COMES NOW the Def-endant those address and phoncnuntberare A. Schulte. b.vAttorneyCharles 1. I am represented '121 662'4715. Main St.,PO Box 392.SacCitl'. IA. 505831(712) phonenumberare I l0 1/2 NL State ar.rd address cunent mailing and residence 2. NI-v M) dateof birthis is: (712)660-0186. number Street. SacCity. IA 50583.My phone the and havecompleted the Englishlanguage l2-05-1979. I can readand undcrstand fbllorvinglcvcl ofeducation:12 Years. that I havea right to arraignment understand by my attorne)'and 4. I havebccnadr.'ised instead to sign this Written waive that right. choosing in opcnCourt,and I r"oluntaril-v that timcs Ibr turtherprocccdings Arraignment and Pleaof Not Guilty. I understand will be computed from the datco1 lrom the dateof anaignment rvhicharecomputed filing this Written Anaignmentand Plcaof Not Guilty. me with tlie crime of 5. I haverecciveda copy of the Trial Informationwhich charges ()PEILATING WHILE INTOXICATED SECOND OFFENSE in COUNT I: violation of Iorva Code Section321J.2. (eithercheck 6. With regardto the nameby r',tich I ani chargcdin the Trial h.rlbrmation "a" or checkandcomplctc "b"): ,/ advisecl V{a. me nameon the Trial lnfbrmalionis m1'truename. I havebeel.r to the Trial Informationuponthe precluded liom objecting that I am nor.v and understand named. groundthat I am improperl-r' is not m.vtrue name. My true ( )b. The nanteshownon the Trial Information showingm1'truename l have that an cntr)'be ntadein the minr.rtes nanc is. i requcst nle by that name. u'ill be had against lurtherproceedings and understand beenadvised and rvhenthe Trial Informationis so accordingly. the Trial Informationwill be amended uponthe groundsI am improperlynamed. lrom objecting I u'ill be precluded amended. that I may pleadguilty. not guilty or former and understand 7. I havebeenadvised or acquittal. conviction

CRIMINAL NO OWCROI2388 WRITTEN AI{RAIGNMIINT, PLEAOFNOT GUII,TY

E-FILED 2013 SEP 09 10:13 AM SAC - CLERK OF DISTRICT COURT

my cascwith I havehad sulficienttime to discuss ofthis arraignment, 8. For the purpose and I waive anl furthertime in which to entera plca. m) attorncy. 5 above. in paragraph 9. I pleadNOT GUILTY to the charges ofthe that I havea right underItule 2.33(2)(b) 10. I havebecnadvisedand understand yearafterthe liling of ninetydaysionc Io a trial rvitl.rir.r Criminal Procedure Iou,aRules,ol the Trial Infbrmationand (checkeither"a" or "b"):
t/

and (c). to Rule 2.33(2)(b) trial pursuant speedy 1g,fi. I dcmand to Rulc 2 33(2)(b)and (c) trial pursuant ( ) b. I u,aivemy right to a specdy ofthe IOttuRulesol (riminal thata trial dalebesetpursuanttoRule8.l 11. I request for trial on the follou'ingdays:An1 Procedw'e.My attorneyand I u'ill be available Time.

Originalto be filed with Clerk of Court Copyprovidedto: Attorney SacCount-v PO Box 92 IA 50583 SacCit-v,

E-FILED 2013 SEP 09 3:48 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. RYAN ISREAL FRY , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on September 9, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 09/24/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 OWCR012388

ORDER FOR TRIAL

E-FILED 2013 SEP 09 3:48 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 SEP 09 3:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012388 Type: Case Title STATE VS RYAN ISRAEL FRY ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-09-09 15:47:56

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E-FILED 2013 OCT 14 10:46 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWADISTRICT COURT FORSACCOUNTY STATE OF IOWA. PlahtilT. No. OWCROl2388


GUIL-IY PI-EA AC]GRAVATED NlISDEM E;\NORVS.

RYAN ISRAEL FRY, Det'endant. C o un t I NOW tlte Def'endant CON,{ES in the aboveaction and statesthat I lrave been charsed WithOPERATING A NIOTOR VEHICLE WIIILE INTOXICATED _ 2NDOFFENSE,AN Aggravated Misdemeanor, in violation of Iowa Code Section321J.2,and I herebyrequestthat plea guilty my of to the chargebe entered oirecord. In suppoftof rny guilty plea,I statethat I fully understand and havebeenadvisedby my attorney of the fbllowing rights: That I havethe fight to procecd with a pleaof not guilty and compelthe State of Iowa to prove jury my guilt to the unanimous satisf'action of a twelve-person in a speedy and public trial, That I havethe right to remarin silent and could not be forcedto testify or incriminatemyself in any manner;and tl.rat if I exercised nry right to remainsilent;this could not be usedagainstme and the Statewould be prohibitcdfrom conimcnting on my silence; Tlrat I lravethe right to be represented by an attorneythroughoutthe entire trial, and if I am unableto aflbrd an attorney, the Court would appointone to represent me at public expense; -Ihat I havethc right to cross-exantine all witnesses againstme and to presentevidence, if any, on nryown behall I am prcsumed innocentuntil the Stateprovcs,if ever,that I am guilty beyonda reasonable doubt;and That I havethe right to subpocnir rvitnesses to appear and tcstifyon my behall Ihavc also bccn atlvisecl that the above-stated ol]Lnscis an Aggravatetl Misdemeanor rvhrch caniesa rnaxinrunr pcnaltyof imprisonntcnt not to cxceed two (2) yearsor a $6,250tine with surclrarges of -.] -5%and $ I0.00 DAI{H thereon of both: I understand thcrc is a seven(7) day nrinitnutr.jail sentence; I tirrther undelstand thatthc nrirrimum tlne is $1,875plus surcharges of J-5%' and $10.00; and that I ntay bc required to ntitkcrestitution ofpecuniaryclamages to any victim ol this crinrcancl o f court-appointed attofney f'ces, ifany, and pay the courtcosts. Imay bc required to attendsubstance abusctrcatment or education classcs. In addition,I may bc recluired to pay correctional ftcs fbr incarceration and enrollmentt'ecsftrr supervised probatir,rn. I havebeeninfbrmcd that theremay be efli:cts to my licensc including suspension, rcvocutions 'I'hat

E-FILED 2013 OCT 14 10:46 AM SAC - CLERK OF DISTRICT COURT

options that othersentencing beeninfbrr.ncd because of this plca. I lravelikewise a1d barments and to the Court. includingbut not limited to the delerralof Judgment may be availarble irnposed. ofsentence and thesuspcnsiou the grantol'plobation Sentence. o r p r o m i s eh s a v cb c c n r o l l ) eC r ' u r tr h r t | : r m ,i n t h c tC t l t I Y a n d t h r t n o t h r c a t s I Doustalc of the madeto induceme to entel rny plca of guilty. I havebeeninfbrmedthat the clements beverage of an alcoholic a motor vehicle(l) rvhileunder the influence crimcare: I operated (2) lvhile having an alcohol or such substances; a combination of or or other drug is present of .08 or more; or (3) rvhileany amount of a controlledsubstance concentration of the in my blood or urine. And that I havea prior conviction in my personas measured me. the natureof the chargeagainst crime Operating While Intoxicated, I understancl by nrein SacCouutyIorvaby my doing thc fbllowing:I did on Tlrisollbnscrvascommitted

2010. Novcmbcr why I shouldnot pleadguilty. basisfor rny pleaof guilty and thereis no reason rs a factual There and waiver of t herebystarethat I submit this written plea of guilty with full kr.rowledge against me to obtainthis havebeenmade my rightsand I do so fleely and voluntarily. No threats treatment havebeenmade,exceptfor any plea of leniencyor tavorable guilty plea. No promiscs in Court. to the Coufi at thetimethisGuiltyPleais olferedfbr approval disclosed asrcement I havebeenadvisedof my rights asset forth in Count I of this plea. to sentence will be an indeterminate sentence The plea agreementis: The recommended

t-ccs: to beoaidas attorney cg,sts. andcourtannointed !4RE-sursha-C9,!a!r1 a $1Q.00 $656.25.


Evaluatiott. Substance,.\buse with the prosccutor are agreements guilt, I understand thatany plea-bargain ln adrnitting (louft. on thc not bindiug that I hal'e thc right to have a future date set tbr pronouncing I hale bccn atlvised judgmentand sentencc, rvhich cannotbe lessthan flftecn (15) days after the guilty plca is to the guilty pleaor that any challenge time. I understand to ii shorter unless I consent entered, filedno by a Motion in Arrestof Judgment mustbe raised in thc pleaprocecdings def'ccts alleged (5) days less than flve pleas but not (.15) my is accepted days after tlre date laterrhan lorty-fivc bcfbre the datc set lbr plonouncingjudgnrent,and that firilure to raisc sucli challengeshall that by to anothcrCoufi. I undcrstand thcrn in this Court or on appeal precludc the right to assert

E-FILED 2013 OCT 14 10:46 AM SAC - CLERK OF DISTRICT COURT

proceeding directlyto sentencing I *'aive any right I rnay havc to flle a Motion in Anest Of 'l .ludgmcnt. lris means I rvill be firrcvcr prccludedfiom challengingthc guilty plea or any irrtlteplcaproe ccr,lirtr:s. delects thatnty I hereby waiveall my legalandtlial rights. I request Basetl on the tbregoing. guilty pleabe acceptctl and errtered on record. be pronounccd ttctw. I request scrrtcncing and.juclgment

's

lte Attorncy, C'harles Schu

I ' EO F I O W A S1'A SA('C'OUNTY

o n r h i s / f ( l l yo f perstxally appearcd saidStale.


rcl an(ideed. he c\cculedthe slrlc of his \olLrnlarv

a NotaryPrtblicin anclfor 101-l-[:fbre nrv the unciersigncd. r r h . r< x < . t f l c J lh.rl t h c t i ' r c ! , ' r r rr !, n s l n r r c n l . - r n:d r e k n , rlrg rC p c d

'tr,3ffiT.j$,;!illi

E-FILED 2013 OCT 17 11:09 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. RYAN ISRAEL FRY, DOB: 12/05/1979, Defendant. COUNT I BE IT REMEMBERED this matter came on for sentencing. The State is represented by Sac County Attorney Benjamin John Smith and Defendant is represented by and appears by Attorney at Law Charles Schulte. Having filed a written plea of guilty herein, which has been reviewed by this Court, and is incorporated herein by this reference, knows of no legal cause why judgment should not now be entered, and none appears upon the record. The Court, therefore, No. OWCR012388 OWI 2ND OFFENSE JUDGMENT ENTRY

accepts the Defendants plea of Guilty and finds that the Defendant is guilty of OPERATING WHILE INTOXICATED, SECOND OFFENSE in violation of Iowa Code Section 321J.2, an Aggravated Misdemeanor. IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, pursuant to Sections 321J.2, 901.5, 903.1, and 907.3 of the Code of Iowa, that Defendant be sentenced to: 1. The Custody of the Iowa Department of Corrections for an indeterminate term of up to two (2) years; all time suspended after Defendant serves seven (7) days in the Sac County Jail, with credit for any time already served. Jail time may be served in 48hour increments, and Defendant is eligible for the Sac County Jail Work Release Program. a. Defendant shall also be assessed the correctional fee charged by the Sac County Sheriffs Office of $55.00 per day. Defendant shall serve said sentence within six (6) months of the date of this order. If the Defendant has not served the jail time at the end of six (6) months, the Sac County Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time. b. Defendant may, at Defendants expense, complete a 48-hour Alcohol Intervention Program in lieu of 48 hours of jail time. Proof of completion must be provided to the Clerk of Court and County Attorney within six (6) months of todays date. 2. Defendant shall be placed on probation to the Sac County Probation Officer for a period of one year from the Judgment entry date, and during such probation period, Defendant shall abide by all the terms and conditions of the probation as set forth on 1

E-FILED 2013 OCT 17 11:09 AM SAC - CLERK OF DISTRICT COURT

the Probation Agreement. Defendant is Ordered to sign a probation agreement, within 72 hours of this date, with the Sac County Probation Officer, Sac County Courthouse, 100 NW State Street, Suite 9, 2nd Floor, Sac City, Iowa. a. Defendant shall obey all State, Federal, and local laws and ordinances. b. Defendant shall abstain from the use of illicit drugs and alcohol during his probationary period. c. Defendant is Ordered to report any new arrests to the Sac County Probation Officer within seven days of the arrest date. d. Defendant shall timely pay all amounts ordered by this Judgment. 3. Defendant shall pay a fine of $1,875.00 plus the 35% surcharge in the amount of $656.25, and a $10.00 DARE surcharge; to be paid as ordered by the Court. 4. The Defendant shall pay court appointed attorney fees in the amount of $342.00; to be paid as ordered by the Court 5. Defendant shall pay the court costs herein and the court costs of any action dismissed pursuant to the plea agreement herein; in the amount of $100.00. 6. The Defendant shall comply with all recommendations set forth in the alcohol evaluation dated September 9, 2013 from New Opportunities. a. Defendant shall abide by all recommendations of the evaluation including inpatient or other treatment if recommended. If treatment is recommended, Defendant shall enroll in the first available recommended treatment group and timely complete the treatment. The substance abuse agency shall notify the Sac County Probation Officer of any non-compliance. b. Defendant is Ordered to provide proof of compliance with the recommendations of the Substance Abuse Evaluation, to the Sac County Probation Officer, on a monthly basis until such time as the recommended treatment shall be completed. 7. In the event the Defendant does not attend the 48-hour Alcohol Intervention Program, he shall (at his own expense) complete a 12-hour Prime for Life course or similar program within six (6) months of this date. 8. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to any change in address until all obligations of this case have been completed. 9. If the Defendants license has not already been revoked, for this offense, the Department of Transportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J.

E-FILED 2013 OCT 17 11:09 AM SAC - CLERK OF DISTRICT COURT

10. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $100.00 per month to the Sac County Clerk of Court with payments to begin on the 15th day of the month following this order, and shall continue on the 15th day of each month until paid in full. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if one payment is missed, the entire obligation becomes immediately due. Defendant having appeared and sentence being pronounced, IT IS FURTHER ORDERED that any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution. Defendant is advised of the right to appeal this judgment and sentence and of the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. Defendant is also advised of the necessity to comply with the statutory

requirements in filing a notice of appeal. Notice of Appeal must be filed within 30 days of this Judgment. Defendants appeal bond is fixed in the sum of $3,900.00.

Original filed EDMS, Copy to: County Attorney Defendant/Defense Attorney- Charles Schulte DOT Substance Abuse Agency Sac County Sheriff

E-FILED 2013 OCT 17 11:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012388 ORDER FOR JUDGMENT Case Title STATE VS RYAN ISRAEL FRY So Ordered

Electronically signed on 2013-10-17 11:09:17

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