Storm Lake Man Pleads Guilty To OWI 1st Offense

E-FILED 2013 DEC 24 1:19 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR

Sac
DISTRICT COURT OF I8WA
SAC COUNTY
FH.E0
2013 DEC 26 AM 7:58
COUNTY
STATE OF IOWA or
vs.
Plaintiff/Petitioner,
Defendant/Respondent.
^ Criminal Civil
NO. ovAXR^mnq
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: ^ f t / A > T \ Qt , ,. \ Ve>P> Birth Date: _ C N ^ " ' I 2. - 9 6
Home Phone: Cell Phone: j ' T O V L V > "
M
E-mail: y // %
Street Address: [Oj
L
t \f&&fa>\
Street/P.O. Box Apt # City
Pending charges: D\A> 1 i ~Z>D<.(*d
<J
State Zip
In Jail? Yes No
) Do you have a job? No Job Jl;Yes, Full Time Yes, Part Time (List Hours/week:
Who do you work for? flftftfe/flt VT rH fe? ^ P f ' ^ ^ S .
How much money do you currently make before taxes or deductions? ^2, > 6 per^)Oiour month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you? "^
If a spouse lives with you, how much money does your spouse make?
List all other money you, or anyone else living in your household, has coming in:
per hour month year
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: ftjPVUi Ogl'-V**"' t ^Jj) 1^ <*Q >. gL-'g-A^f g=V\ f t . ft C\
' ' ~ i/ '
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child, support, or any other, debts:
'<LOCS , & 6 C (A ," \/d
/ '3/S . Ot It
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 0 2 A $ / s 3 Signature " 7 ^ ^ > g ^ ^ ^ X ^
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
MAGISTRATE DIVISION
DISTRICT coun r OF ISWA
SAC COUNTY
FILED
STATE OE IOWA,
Plaintiff
2013 DEC 26 AM 7:58
MAGISTRATE NO.
INTTIAL APPEARANCE
Defendant
On this Q ! ^ ^ day of Oj ?
y
C&l ^ hf - > , 20]^ the Defendant herein appears before the
undersigned Magistrate in and for Sac County, having been charged with the crime of ffijj~lrV f) f j f c M ^
. . being a violation of Section ^;>^-T\ of the Code of.
Iowa.
The Conrt 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.
That he/she is charged with a violation of Section
Felony - Class
_ Aggravated Misdemeanor
Serious Misdemeanor
? J ^~, which is classified as:
5^
That the maximum punishment for a plea of guilty or conviction of the above charge is:
N One Year County Jafl - ^ &-*~k (W \ f\ V t\KJ~-
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 Tyith
this Court
(a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If yon willfully fail to appear before any court as required, yon shall be
guilty of a Class D felony/serious misdemeanor; or
(b) N (If appropriate)^ Upan^pnsider,att
reasonably assured that
Court imposes the following conditions on your release:. . . .
ection 811.2, the Court is not
in theJfatnre and therefore the
6. Defendant is entitled to a 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:
Irv" Set for the _ day of
Magistrate Courtroom, Courthouse, Sac City, Sac County, lowai.
If a preriminary hearing date has been set, yon should contact the cfetmty 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 TEDS 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 EOS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.)
'Warren L. Bush/Joseph J. Heidenreich, Judicial Magistrate
Copies to:
County Attorney
Defendant
Sac County Sheriff

STATE OF IOWA,

PLAINTIFF,

VS.

MARTIN GUILLEN ,

DEFENDANT.

02811 OWCR012479

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 Peter Goldsmith, 500 2nd St., Ida Grove, IA 51445 (712) 364-2421, a contract attorney, is
appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2
State of Iowa Courts
Case Number Case Title
OWCR012479 STATE VS MARTIN GUILLEN
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2013-12-26 09:40:10
2 of 2
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
MARTIN GUILLEN,
Defendant.
CASE NO. OWCR012479
TRIAL INFORMATION
COUNT 1
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, MARTIN GUILLEN (defendant) of the crime of OPERATING WHILE
INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa
Code Section 321J.2 committed as follows: On or about December 23, 2013, in
Sac County and State of 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.
A TRUE INFORMATION
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 DEC 30 12:57 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

JOHN HATTERMAN, Deputy, Sac County Sheriffs Office

MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, Iowa Department
of Public Safety
Type: Approval of Trial Information
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 2013-12-30 12:57:32 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

MARTIN GUILLEN ,

Defendant.

Case No: 02811 OWCR012479

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 01/15/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered

STATE OF IOWA,

Plaintiff,

v.

MARTIN GUILLEN ,

Defendant.

02811 OWCR012479

ORDER

The Defendant has been held in custody since his arrest. The State does not resist the Defendant's
release.
IT IS THEREFORE ORDERED, the Defendant shall be released from the SAC County jail upon his
personal recognizance.
Clerk to provide copies to:
County Attorney
Defendant
Sac County Sheriff

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

v.

MARTIN GUILLEN ,

Defendant.

02811 OWCR012479

ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled.
Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on
02/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless
a written arraignment and plea of not guilty document in a form substantially similar to
that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with
the Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel

1 of 2
E-FILED 2014 JAN 15 11:22 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2014 JAN 15 11:22 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 JAN 23 4:29 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,

Plaintiff,

vs.

MARTIN GUILLEN ,

Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 23, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 03/19/2014 at 11:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State 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.

1 of 3
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

MARTIN GUILLEN,

Defendant.

Criminal No. OWCR012479

REPORT OF PRETRIAL
CONFERENCE

THE PARTIES, THROUGH THE UNDERSIGNED, MAKE THE FOLLOWING
REPRESENTATIONS TO THE COURT: On March 19, 2014, the parties conducted a
Pretrial Conference, as ordered. The parties represent the following to the Court:
Defendant, through his attorney, Peter Goldsmith, requested that the Pretrial
Conference be rescheduled. The State does not resist defendants request. The highly
extenuating circumstances that warrant rescheduling the Pretrial Conference are as
follows: The defendant is waiting on the Iowa Department of Transportation to provide
him discovery / documentation concerning the accuracy and functionality of the
DataMaster.

__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org

E-FILED 2014 MAR 21 4:32 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.

MARTIN GUILLEN ,

Defendant.


Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:

ORDER

Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
04/02/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Clerk to provide notice to counsel of record.
1 of 2
Type: OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

vs.

MARTIN GUILLEN ,

Defendant.

02811 OWCR012479

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 04/16/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2
E-FILED 2014 APR 01 11:38 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
THE !OWA D!STR!CT COURT FOR SAC COUNTY

STATE OF !OWA, )
) CR!N. NO. OWCR012+79
Plaintiff, )
) ORDER ACCEPT!NG PLEA
vs. ) AND JUDGNENT ENTRY
)
NART!N GU!LLEN, ) Charge - OW!, First Offense
) Section - 321J.2, !owa Code
Defendant. )

NOW on the 16
th
day of April, 201+, the defendant submits his verified written Plea of Guilty.
The defendant is charged with Operating While !ntoxicated, in violation of Section 321J.2 of the !owa
Code. The State appears by Sac County Attorney, Ben Smith. The Defendant waives his personal
appearance and appears by counsel, Peter Goldsmith.
The written plea of guilty shows that the defendant's plea is voluntary, being freely and
intelligently made, with an understanding of the charge, with knowledge of the penal consequences of
the plea, with full knowledge of his constitutional rights, and that said rights are waived by a plea of
guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual
basis for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of his rights contemplated
in the cases of State v. Sisco, 169 N.W.2d 5+2; Brainard v. State, 222 N.W.2d 711; and State v.
Reaves, 25+ N.W.2d +88, all as shown in the defendant's written plea of guilty, which plea is made a
part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
The defendant indicates his understanding of his right to additional time and the right to file a
Notion in Arrest of Judgment and the necessity of doing so at least five days prior to the date set for
sentencing and indicates his voluntary waiver of those rights and his desire to proceed immediately to
sentencing. The Court, finding the defendant's waivers are voluntary and made with an understanding
of his rights, accepts the waivers and proceeds to entry of judgment. The defendant's counsel
indicates he knows of no legal cause why judgment and sentence should not be pronounced.
The Defendant is adjudged guilty of the offense of Operating While !ntoxicated, First Offense,
in violation of !owa Code Section 321J.2.
The Defendant is sentenced to be incarcerated in the Sac County Jail for a period of 30 days.
All but the first +8 hours of this sentence is suspended. Defendant is given credit for time served, if
any, as certified by the Sheriff. The Defendant shall have this sentence served in full by June 16,
201+. Defendant may serve this sentence via the OW! Weekend Offender Program or the Sac County
Work Release Program.
The Defendant is further sentenced to pay a fine in the sum of $1,250.00, plus a 35 surcharge, a
$10.00 D.A.R.E. surcharge, and the court costs of this action, including correctional fees as certified by the
Sheriff. Defendant shall pay court-appointed attorney fees in an amount to be certified by Nr. Goldsmith.
Half of the fine and corresponding surcharge will be waived in the event Defendant provides proof to the
Clerk of Court that he has received a temporary restricted license.
Defendant shall pay these financial obligations to the Clerk of Court of this county or online at
www.iowacourts.gov. Defendant shall make payments according to a plan of payment to be developed by
his probation officer.
On the suspended portion of the sentence, Defendant is placed on probation to the Sac County
Probation Office for a term of one year. Terms of probation are as follows:
1. Defendant shall report to the Sac County Probation Office within 7 days of today's
date to sign up for probation supervision.
2. The Defendant shall obey all laws.
3. The Defendant shall enroll in and successfully complete the Drinking Driver's Course
sponsored by an area community college or substance abuse treatment facility. The Defendant shall
complete this course and have proof of completion filed with the Sac County Clerk of Court by June 1+,
201+.
+. The Defendant shall abstain from the use of alcoholic beverages.
5. The Defendant is not allowed on the premises of any bar, tavern, liquor store, or any other
business establishment in which 50 or more of that business's revenue comes from the sale of
alcoholic beverages.
6. The Defendant shall not drive a motor vehicle unless he is properly licensed and insured.
Any bond money previously posted is released and exonerated.
Appeal bond is set in the sum of $1,000.00.
!T !S FURTHER ORDERED that Case Nos. STA0019+50, STA0019+51, and STA0019+52 are
dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to
Defendant.

COP!ES TO:
County Attorney
Defense Counsel
Sac County Sheriff
!owa D.O.T.
Type: OTHER ORDER
STA0019451 STATE vs. GUILLEN, MARTIN
So Ordered
E-FILED 2014 APR 16 2:11 PM SAC - CLERK OF DISTRICT COURT

Storm Lake Man Pleads Guilty To OWI 1st Offense

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E-FILED 2013 DEC 24 1:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR

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