IOWA DISTRICT COURT FOR_ Sac COUNTY 8-0 STATE OF IOWA or Plaintiff / Petitioner, vs. Defendant / Respondent. FINANCIAL affidavit / APPLICATION FOR APPOINTMENT OF COUNSEL In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: y es No Do you have a job?
IOWA DISTRICT COURT FOR_ Sac COUNTY 8-0 STATE OF IOWA or Plaintiff / Petitioner, vs. Defendant / Respondent. FINANCIAL affidavit / APPLICATION FOR APPOINTMENT OF COUNSEL In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: y es No Do you have a job?
IOWA DISTRICT COURT FOR_ Sac COUNTY 8-0 STATE OF IOWA or Plaintiff / Petitioner, vs. Defendant / Respondent. FINANCIAL affidavit / APPLICATION FOR APPOINTMENT OF COUNSEL In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: y es No Do you have a job?
E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR_ Sac COUNTY 8-0\ STATE OF IOWA or Plaintiff/Petitioner, vs. Defendant/Respondent. Criminal CivU 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: jfca -.-^ U n n m V e \ n W i \ Wo -t-VA Birth Date: ( V 3- ~g1 Home Phone: ~7)p )- l~i-TD^C~e\\ Phone: E-mail: Street Address: /// fro** <A<*r)r Street/P.O. Box 'Af&# c^"^y State Zip Pending charges: <An(\i^ v C A C Y ^ . y ^ A r ^ p - ^ P^ i nka se , fs<awAt.,\ In Jail? ^ Y es No Do you have a job? ^ No Job Y es, Full Time Y e s, Part Time (List Hours/week: ) Who do you work for? per hour month year How much money do you currently make before taxes or deductions? How much money have you made in the last 12 months from any source, before taxes or deductions? cO How many family members are supported by or live with you? If a spouse lives with you, how much money does your spouse make? Ac>&~> per hour month year List all other money you, or anyone else living in your household, has coming in: List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: ist amounts you pay monthly for mortg es, rentj car loans, credit cards, child support, or any other debts: 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 3-ta-l Y e Rev. I/6/I2 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, Plaintiff,
vs.
JONATHON LEVI WILLROTH , Defendant. Defendant's Correct Address: PO Box 81, Early, IA 50535
Case No: 02811 FECR012513
INITIAL APPEARANCE
Charges: 01 - 709.4(1) - SEXUAL ABUSE 3RD DEGREE (FELC) 02 - 708.8-2 - GOING ARMED WITH INTENT - 1978 (FELD) 03 - 708.2A(2)(C) - DOMESTIC ABUSE ASSAULT W/INTENT OR displayS A WEAPON (AGMS) 04 - 708.3(B) - ASSLT WHILE PARTIC. IN FELONY - 1978 (FELD)
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 One class C and two class D felonies 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 Up to 22 Years Prison And/Or $fine of not less than $3,125 nor more than $21,250
1 of 3 E-FILED 2014 MAR 13 12:48 PM 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: You must post a cash or surety bond in the amount of $22,000. You are to have no contact with Emily Wilroth. You must obey all laws of Iowa and the United States. You must surrender all firearms to the Sac County Sheriff. You must not use any alcohol or illegal drugs. You must obey all laws of Iowa and the United States.
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 03/24/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
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 2 of 3 E-FILED 2014 MAR 13 12:48 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: HEARING FOR INITIAL APPEARANCE So Ordered Electronically signed on 2014-03-13 12:48:47 3 of 3 E-FILED 2014 MAR 13 12:48 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
JONATHON LEVI WILLROTH ,
DEFENDANT.
02811 FECR012513
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%25 of the guidelines, not appointing would cause financial hardship.
Attorney Thomas Gustafson 712-263-6475, a contract attorney, is appointed.
COPY PROVIDED TO DEFENDANT
1 of 2 E-FILED 2014 MAR 13 1:02 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: ORDER APPOINTING So Ordered Electronically signed on 2014-03-13 13:02:34 2 of 2 E-FILED 2014 MAR 13 1:02 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
Order of Protection Case No. 02811 FECR012513
This order can be verified during business hours with the SAC County Clerk of Court at: (712) 662-7791. Judge Bush
or anytime with the SAC County Sheriff's Office at: (712) 662-7791 . NO CONTACT ORDER
ISSUE DATE: 03/13/2014
PROTECTED PARTY: Emily Wilroth Other Protected Persons: Jasper Willroth DOB 8/19/08 Rosemary Waters DOB 12/07/05
STATE OF IOWA, VS DEFENDANT: Defendant Date of Birth: 6-02-87
JONATHON LEVI WILLROTH
Address for Defendant (not shared address with protected party) CAUTION: If checked, FIREARMS WARNING for law enforcement 111 Cross St., Early IA 50535
THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. Additional findings are set forth below.
THE COURT HEREBY ORDERS: The above named Defendant is restrained from committing further acts of abuse or threats of abuse. The above named Defendant is restrained from any contact with the Protected Party. 1 of 4 E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT Additional terms of this order are as set forth below.
This order shall remain in effect until modified or terminated by further written order of the court, until the case is dismissed, or until sentencing.
WARNINGS TO DEFENDANT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18U.S.C. 2262).
Federal law provides penalties for possessing, transporting shipping, or receiving any firearm or ammunition (18 U.S.C. 922(g)(8)).
Only the court can change this order.
On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's appearance, the court finds there is probable cause to believe that a violation of
Iowa Code section 708.2A Domestic Abuse Assualt has occurred.
the presence of the defendant in the alleged victim's residence poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate family.
If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person"). IF CHECKED, the court must check box 6, prohibiting the defendant from possessing firearms.
Therefore, the court orders as follows:
1. Defendant shall not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected party. Defendant shall stay away from the protected party and shall not be in that party's presence except in a courtroom during court hearings. 3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. 4. If checked, defendant may enter the shared residence once in the company of a peace officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the law enforcement agency all devices that allow access or entry to the residence or outbuildings (for example, keys or garage openers). The law enforcement agency shall contact the protected party to 2 of 4 E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT provide notice of the intent of the defendant to return to the residence and to accommodate the safety concerns of the protected party. 5. If checked, additional directives: 6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency) on or before date of release. The defendant is advised that the issuance of this protective order may also affect the right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8). 7. This protective order is in effect immediately. The order may be extended prior to expiration or at sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension). 8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release defendant from restrictions contained in this order. 9. Except as specifically set out herein, this order shall not be construed as an award of personal or real property to either the defendant or the protected party. 10. Bond is set at $22,300 11. If checked, defendant qualifies for court-appointed counsel, and attorney Tom Gustafson is appointed.
Defendant was personally served with a copy of this order by the court. The clerk of court shall provide copies of this order to the protected party, county attorney, defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections 236.5(5) and 664A.4. The SAC County Sheriff shall serve and return service of this order upon defendant.
NOTICE: If you have a disability and need assistance to participate in court proceedings, please call the ADA Coordinator at (641) 421-0990. If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.
3 of 4 E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: NO CONTACT ORDER So Ordered Electronically signed on 2014-03-13 13:57:44 4 of 4 E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 13 2:18 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, * NO. FECR012513
VS. * APPEARANCE OF COUNSEL JONATHON LEVI WILLROTH, * FOR DEFENDANT
DEFENDANT. *
* * * * * * *
COMES NOW Thomas E. Gustafson, Gustafson Law Firm, 36 South 12 th Street, P.O. Box 57, Denison, Iowa 51442, and enters his Appearance as the Court-appointed attorney in this matter on behalf of the above-named Defendant, Jonathon Levi Willroth. Dated this 14 th day of March, 2014. JONATHON LEVI WILLROTH Defendant
__/ s / Thomas E. Gustafson__ Thomas E. Gustafson GUSTAFSON LAW FIRM ICIS Pin AT0003025 36 South 12 th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net
Original filed electronically
E-FILED 2014 MAR 14 9:58 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA * NO. FECR012513
VS. *
JONATHON LEVI WILLROTH, * APPLICATION FOR IMMEDIATE BOND REVIEW DEFENDANT. * * * * * * * *
COMES NOW the above-named Defendant through his attorney, Thomas E. Gustafson, and pursuant to Section 811.2 of the Iowa Code, makes Application to this Court for an immediate bond review of the Appearance Bond set by the Court. In support of this Application, it is stated that the Defendant is not a flight risk in his appearance for trial or other proceedings before this Court will be reasonably assured by the Defendants release from custody upon his own recognizance, or upon execution by him of an unsecured appearance bond in an amount fixed by the Court, together with any conditions of release the Court may impose. The Defendants release from custody will not jeopardize the safety of other persons. THEREFORE, it is respectfully requested that this Court grant the above Application for Immediate Bond Review and that upon such review, enter an Order releasing the Defendant upon his own recognizance as requested above, or upon execution of an unsecured Appearance Bond in an amount fixed by the Court, together with any conditions of release as the Court may deem appropriate. Dated this 14 th day of March, 2014. JONATHON LEVI WILLROTH Defendant
_/ s / Thomas E. Gustafson_ Thomas E. Gustafson GUSTAFSON LAW FIRM 36 South 12 th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net Original filed electronically
E-FILED 2014 MAR 14 9:58 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 14 12:17 PM SAC - CLERK OF DISTRICT COURT 2RCR10
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
JONATHON LEVI WILLROTH ,
DEFENDANT.
Case No. 02811 FECR012513
O R D E R
The Defendant has filed an application for bond review. A Bond Review is scheduled on 03/24/2014 at 02:30 PM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The sheriff shall deliver the Defendant to the courthouse for this hearing. IT IS SO ORDERED.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY THOMAS GUSTAFSON SAC COUNTY SHERIFF 1 of 2 E-FILED 2014 MAR 14 4:29 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: ORDER SETTING HEARING So Ordered Electronically signed on 2014-03-14 16:29:54 2 of 2 E-FILED 2014 MAR 14 4:29 PM SAC - CLERK OF DISTRICT COURT 1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012513 Plaintiff, vs. TRIAL INFORMATION
JONATHON LEVI WILLROTH, DOB: 06/02/1987 Defendant.
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, Jonathon Levi Willroth of the crime of SEXUAL ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa Code Sections 709.1, 709.4(1), and 903B.1 committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully sexually abuse E.W. by performing a sex act against her will or by force, whether or not the other person is the persons spouse or is cohabiting with the person.
COUNT II 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, Jonathon Levi Willroth of the crime of GOING ARMED WITH INTENT, a Class D Felony in violation of Iowa Code Section 708.8 committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa did unlawfully, without justification, and willfully go armed with any dangerous weapon, a shotgun, with the intent to use such weapon without justification against E.W.
E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT 2
COUNT III 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, Jonathon Levi Willroth of the crime of DOMESTIC ABUSE ASSAULT, an Aggravated Misdemeanor in violation of Iowa Code Sections 708.2A(2)(c) and 708.2A(2)(d) committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully commit domestic assault against E.W., a residing household member, by the use or display of a dangerous weapon in connection with the assault.
COUNT IV 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, Jonathon Levi Willroth of the crime of ASSAULT WHILE PARTICIPATING IN FELONY, a Class D Felony in violation of Iowa Code Section 708.3 committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully assault E.W. while participating in the crime of Going Armed with Intent, a Class D Felony, with no serious injury resulting.
COUNT V 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, Jonathon Levi Willroth of the crime of NEGLECT OF A DEPENDENT PERSON, a CLASS C FELONY in violation of Iowa Code Section 726.3 committed as follows: on or about March 11, 2014, the defendant was the father having custody of J.W. and J.W. was a person under the age of fourteen years and the defendant knowingly or recklessly exposed J.W. to a hazard or danger against J.W. could not reasonably be expected to protect himself. IOWA CODE 726.3, 702.5.
E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT 3 COUNT VI 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, Jonathon Levi Willroth of the crime of NEGLECT OF A DEPENDENT PERSON, a CLASS C FELONY in violation of Iowa Code Section 726.3 committed as follows: on or about March 11, 2014, the defendant was the father or person having custody of R.W. and R.W. was a person under the age of fourteen years and the defendant knowingly or recklessly exposed R.W. to a hazard or danger against R.W. could not reasonably be expected to protect himself. IOWA CODE 726.3, 702.5. COUNT VII 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, Jonathon Levi Willroth of the crime of ASSAULT WITH INTENT TO COMMIT SEX ABUSE, an Aggravated Misdemeanor in violation of Iowa Code section 709.11, committed as follows: On or about March 11, 2014, the defendant assaulted E.W. with the intent to commit a sex act by force or against the will of E.W.. IOWA CODE 709.11, 708.1 (2013) 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 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT 4
WITNESS LIST
EMILY WILLROTH, CERTIFIED NURSES AID
KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
B.K. GYANO M.D., EMERGENCY ROOM PHYSICIAN, LORING HOSPITAL E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH 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 2014-03-20 09:21:16 page 5 of 5 E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,
VS.
JONATHON LEVI WILLROTH, Defendant.
CRIMINAL NO. FECR012513
ORDER SETTING ARRAIGNMENT AND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexlained, to !arrant a conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment.
IT IS ORDERED, the Defendant shall ersonall" aear for Arra!"#$"% at the Sac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the & %' da" of A(r) 201* a% +,00 a.#.. The Defendant is advised that failure to aear !ill result in the issuance of an arrest !arrant.
IT IS FURTHER ORDERED, the Defendant&s bond and conditions for release from custod" in this matter shall be' B-". (r$/-01)2 1$% 1'a)) 3-"%"0$. D$4$".a"% 1'a)) -5$2 a)) F$.$ra), S%a%$, a". L-3a) )a61.
E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-03-20 09:21:17 page 2 of 2 E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, * NO. FECR012513
VS. * APPLICATION TO DEPOSE WITNESSES AT STATE JONATHON LEVI WILLROTH, * EXPENSE
DEFENDANT. *
* * * * * * *
COMES NOW the Defendant by his Court-appointed attorney, Thomas E. Gustafson, and makes Application to this Court for an Order allowing the Defendant to depose the States witness or witnesses, and all persons having knowledge of the States case and the evidence in support of it, pursuant to Rule 2.13 of the Iowa Rules of Criminal Procedure, all at public expense. Dated this 24 th day of March, 2014. JONATHON LEVI WILLROTH Defendant
__/ s / Thomas E. Gustafson__ Thomas E. Gustafson GUSTAFSON LAW FIRM 36 South 12 th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net
Original filed electronically
E-FILED 2014 MAR 24 8:37 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, ) ) Plaintiff, ) Case No. FECR01!1" ) #s. ) ORDER RE$ DEPOSITION OF ) WITNESSES %ONATHON &E'I WI&&ROTH, ) ) Defen(ant. ) ))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))
The defendant has made application for approval to depose the States witnesses at State expense pursuant to I.R.Cr.P. 2.13. The Court finds that the application should e !ranted. IT IS SO ORDERED.
Cle*+ to P*o#i(e Co,ies to" Count# $ttorne# %efense Counsel E-FILED 2014 MAR 24 9:45 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-03-24 09:45:32 page 2 of 2 E-FILED 2014 MAR 24 9:45 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JONATHON LEVI WILLROTH, Defendant. Case No. FECR012513
STATES RESISTANCE TO DEFENDANTS MOTION TO DISMISS AND MOTION TO INCREASE BOND
COMES NOW the State of Iowa and for its resistance to defendants motion to reduce bond respectfully states the following: 1. In determining which conditions of release will reasonably assure defendants appearance and the safety of another person or persons, the Court is to consider, among other things, the nature and circumstances of the offense charged, the defendant's family ties, employment, character, the length of the defendant's residence in the community, the defendant's record of convictions, including the defendant's failure to pay any fine, surcharge, or court costs, and the defendant's record of appearance at court proceedings or of flight to avoid prosecution. IOWA CODE 811.2 (2013) 2. First, defendants ties to the area are weak; the defendant was living with the victim at the time of the crime because he had no place to live and was unemployed. 3. The nature and circumstances of the offenses charged and the underlying factual basis for the same demonstrate defendant poses a SERIOUS danger to the victims, witnesses, and himself. The defendant is charged with, among other things, threatening to kill his ex-wife and his children with a firearm, as well as sexually assaulting / abusing his ex-wife. Also, the defendant admitted to law enforcement that he had threatened to take his own life. (See Attachment A to the Minutes of Testimony, which are incorporated herein by reference as though fully set forth herein). 4. Additionally, defendant is an admitted methamphetamine abuser and also admitted to law enforcement that he becomes more sexually aggressive when he is using methamphetamine. 5. Lastly, if anything, the Court should increase defendants bond as the Trial Information charged defendant with two additional Class C Felony charges, which were not filed when defendants bond was initially set. E-FILED 2014 MAR 24 1:43 PM SAC - CLERK OF DISTRICT COURT WHEREFORE, for the above-stated reasons, the State moves that defendants motion to reduce bond be denied in its entirety and for other relief as the Court deems just and equitable in the premises, including increasing defendants bond and / or making it cash only.
__________________________ 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 24 1:43 PM SAC - CLERK OF DISTRICT COURT 2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
JONATHON LEVI WILLROTH ,
Defendant.
Case No. 02811 FECR012513
COURT REPORTER MEMORANDUM AND CERTIFICATE COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.)
Appearances: For the State: No Appearance For the Defendant: Thomas Gustafson Other:
Information required by Iowa Rule of Civil Procedure 1.903(3): I, Jackie Thompson Schaffner, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3):
1. The type of proceeding that was reported: Bond Review 2. The date(s) on which the proceeding occurred: 03/24/2014 3. The name of the court reporter who reported the proceeding: Jackie Thompson Schaffner 4. The name of the judge who presided over the proceeding: Kurt J. Stoebe 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10.
/s/ Jackie Thompson Schaffner ___________________________________ District Court Reporter
1 of 2 E-FILED 2014 MAR 24 3:07 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered Electronically signed on 2014-03-24 15:07:45 2 of 2 E-FILED 2014 MAR 24 3:07 PM SAC - CLERK OF DISTRICT COURT 1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, ) ) Plaintiff, ) Case No. FECR01!1" ) #s. ) ORDER RE$ %OND RE&IEW ) 'ONATHAN (E&I WI((ROTH, ) ) Defen)ant. ) ************************************************************************
The defendants Motion for Bond Review came before the Court for hearing. The defendant appeared personally with Attorney Thomas ustafson. The !tate appeared through its written resistance to the defendants Motion for Bond Review. "efendant has been charged with !e#ual Abuse in the Third "egree $Class C felony%& oing Armed with 'ntent $Class " felony%& "omestic Abuse Assault $Aggravated Misdemeanor%& Assault (hile )articipating in a *elony $Class " felony%& +eglect of a "ependent )erson $Class C felony% $, counts%& and Assault with 'ntent to Commit !e# Abuse $Aggravated Misdemeanor%. Magistrate (arren Bush set the defendants bond on March 1-& ,.1/& at 0,,&...... cash or surety. *rom the time of the defendants initial appearance to the time of hearing on this motion& the !tate has added two Class C felonies through the trial information. The defendant testified that he has lived in the !tate of 'owa for most of his life& however he had left the state and had returned appro#imately si# months before his arrest. 1e was unemployed at the time of the arrest. 1e does not have a drivers license and relies on others for rides. 1e believes that he can live with his father in Charter 2a3& 'owa& and has a 4ob in "enison& 'owa. 1e also testified that he has a ride to and from wor3. E-FILED 2014 MAR 24 3:28 PM SAC - CLERK OF DISTRICT COURT ,
'owa Code !ection 511., provides that the Court must consider probability that the defendant will attend all court appearances and the danger which he presents to the community in setting bond. The Court finds that the defendant presents a substantial danger to the community. (hile there is a presumption of innocence for trial& the Court must only determine that there is probable cause in setting bond. The Court has found that there is probable cause that all of the charges have occurred. These charges involve violent and dangerous acts. The Court therefore finds that the defendant presents a danger to the community. The !tate has re6uested that the Court increase the bond. The Court finds that the current bond is sufficient to ensure the defendants appearance and safety. 1owever& the Court will provide that if the defendant posts the bond& his release must be supervised by the !econd 7udicial "istrict "epartment of Correctional !ervices. IT IS THEREFORE ORDERED$ 1. The defendants bond shall remain at 0,,&...... cash or surety. ,. 'f the defendant posts the bond& then he must contact the !econd 7udicial "istrict "epartment of Correctional !ervices within /5 hours of his release and enter into a contract for supervision.
Cle+, to P+o#i)e Co-ies to8 County Attorney "efense Counsel !ac County 7ail E-FILED 2014 MAR 24 3:28 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-03-24 15:28:34 page 3 of 3 E-FILED 2014 MAR 24 3:28 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 25 8:48 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 25 8:48 AM SAC - CLERK OF DISTRICT COURT 2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
JONATHON LEVI WILLROTH ,
DEFENDANT.
Case No. 02811 FECR012513
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on March 25, 2014.
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 Thomas E. Gustafson.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on May 13, 2014 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 05/05/2014 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.
1 of 3 E-FILED 2014 MAR 26 8:46 AM SAC - CLERK OF DISTRICT COURT CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY THOMAS GUSTAFSON 2 of 3 E-FILED 2014 MAR 26 8:46 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-03-26 08:46:36 3 of 3 E-FILED 2014 MAR 26 8:46 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 02 9:07 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA * NO. FECR012513
VS. *
JONATHON LEVI WILLROTH, * MOTION TO CONTINUE PRE-TRIAL CONFERENCE DEFENDANT. * AND TRIAL * * * * * * *
COMES NOW the Defendant by his attorney, Thomas E. Gustafson, and moves this Court for an Order continuing the trial of this matter from May 13, 2014 to June 24, 2014. In support of this Motion, it is stated that in order to have adequate time to complete pretrial discovery, the Defendant has executed and filed a Limited Waiver of Speedy Trial in which he has waived his right to be brought to trial up to and including June 24, 2014. It is further stated that the undersigned has had discussions regarding this case with the Sac County Attorney and he was in agreement that the trial of this case can be continued to June 24, 2014, a trial date of this Court and that depositions of the States witnesses as the Defendant may require, could be conducted. THEREFORE, it is respectfully requested that the Court grant this Motion and enter an Order continuing the Pre-Trial Conference now set in this case for May 5, 2014 and continuing the trial of this case from May 13, 2014 to June 24, 2014. Dated this 2 nd day of May, 2014.
_/ s / Thomas E. Gustafson_ Thomas E. Gustafson GUSTAFSON LAW FIRM 36 South 12 th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net ATTORNEY FOR DEFENDANT E-FILED 2014 MAY 02 9:07 AM SAC - CLERK OF DISTRICT COURT 2RCR20 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
JONATHON LEVI WILLROTH ,
DEFENDANT.
Case No. 02811 FECR012513
O R D E R
The Defendant has filed a motion to continue the previously-established trial date. That motion is not resisted. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. The motion to continue is granted. 2. The jury trial of this case is rescheduled to June 24, 2014, at 9:00 a.m. 3. The pre-trial conference is rescheduled to June 16, 2014, at 9:00 a.m..
CLERK TO FURNISH COPIES: DISTRICT COURT ADMINISTRATOR
COUNTY ATTORNEY THOMAS GUSTAFSON 1 of 2 E-FILED 2014 MAY 05 10:42 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: OTHER ORDER So Ordered Electronically signed on 2014-05-05 10:43:05 2 of 2 E-FILED 2014 MAY 05 10:42 AM SAC - CLERK OF DISTRICT COURT 2RCR01 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
JONATHON LEVI WILLROTH ,
DEFENDANT.
Case No. 02811 FECR012513
O R D E R
Due to a conflict in the judicial scheduling of this matter, the Pretrial Conference currently scheduled for June 16, 2014, will be continued and rescheduled to June 17, 2014, commencing at 9:00 a.m. in the District Courtroom, Sac County Courthouse, Sac City, Iowa. IT IS SO ORDERED.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY THOMAS GUSTAFSON JONATHON LEVI WILLROTH 1 of 2 E-FILED 2014 MAY 13 1:58 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: OTHER ORDER So Ordered Electronically signed on 2014-05-13 13:59:32 2 of 2 E-FILED 2014 MAY 13 1:58 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JONATHON LEVI WILLROTH, Defendant. CASE No. FECR012513 NOTICE OF ADDITIONAL WITNESSES AND ADDITIONAL MINUTES OF TESTIMONY COMES NOW the undersigned Prosecuting Attorney and pursuant to the Iowa Rules of Criminal Procedure hereby gives Notice of Additional Witnesses and Minutes of Testimony in support of the Trial Information previously filed herein: 1. Minutes of Testimony of the witnesses named in the attached Addition to Minutes of Testimony have been filed with the Trial Information. 2. Substantial rights of the defendant are not prejudiced by the attached Additional Minutes of Testimony. 3. A wholly new and different offense is not being charged. 4. This Addition to the Minutes of Testimony is in the interest of justice. ____________________________ 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 2014 MAY 28 9:11 AM SAC - CLERK OF DISTRICT COURT LIST OF ADDITIONAL WITNESSES
SABRINA SEEHAFER, Criminalist, Iowa Division of Criminal Investigation LINDA BROWN, Nurse, Loring Hospital MOLLY SPORRER, Nurse, Loring Hospital
E-FILED 2014 MAY 28 9:11 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 28 2:52 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 19 4:15 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JONATHON LEVI WILLROTH, Defendant. Cae N!. FECR"#$%#&
ORDER SETTIN' PLEA AND SENTENCIN' HEARIN' T(i )ae )a*e +ef!,e t(e C!-,t !n t(e .a,tie /!int ,e0-et f!, an !,de, )(ed-lin1 a )!*+ined .lea and enten)in1 (ea,in1. T(e C!-,t, afte, ,evie2in1 t(e ,e)!,d and +ein1 advied in t(e .,e*ie FINDS and ORDERS t(at t(e *atte, (all +e and i et f!, .lea and enten)in1 !n J-ne &", $"#3, at 45"" a.*. in t(e )!-,t,!!* at t(e Sa) C!-nt6 C!-,t(!-e, Sa) Cit6, I!2a %"%7&.
E-FILED 2014 JUN 25 9:41 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-06-25 09:41:36 page 2 of 2 E-FILED 2014 JUN 25 9:41 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA * NO. FECR012513
VS. *
JONATHON LEVI WILLROTH, * MOTION TO EXCEED FEE GUIDELINES DEFENDANT. * * * * * * * *
COMES NOW Thomas E. Gustafson as the Defendants Court-appointed attorney and in support of this Motion for an Order allowing the State Public Defenders fee guideline for representation of the Defendant in this matter of $1,800.00 to be exceeded, states as follows: 1. The undersigned was appointed to represent the Defendant on March 13, 2014. 2. In the County Attorney Trial Information filed in this case, the Defendant has been charged with three Class C Felonies, two Class D Felonies and two aggravated misdemeanors. 3. To the date of this Motion, the undersigned has expended 28.3 hours of time in the representation of the Defendant. 4. The State Public Defender has established a fee limitation for a Class C Felony representation which would be the limitation that applies to this case of $1,800.00, even though the case involves multiple felony offenses as well as two aggravated misdemeanor charges. 5. The Court can order that the fee limitation may be exceeded by the Court- appointed attorney. 6. A Plea-Taking and Sentencing has been scheduled in this case for Monday, June 30, 2014. It is anticipated that the representation of the Defendant may and on that date if the Plea-Taking and Sentencing goes forward on June 30, 2014. However, even if those events do occur on June 30, 2014, the undersigned attorney anticipates that approximately an additional seven hours of time will be expended in preparing for the Plea-Taking and Sentencing, consulting with the Defendant and reviewing the proposed plea document E-FILED 2014 JUN 26 4:17 PM SAC - CLERK OF DISTRICT COURT 2 with him (this being more involved because the Defendant reads very little English), and in the scheduled sentencing. 7. It is requested that the undersigned be allowed to exceed the fee limitation of $1,800.00 and that the fee limitation now be set in the amount of $2,200.00 THEREFORE, it is respectfully requested for the reasons set out above that this Court enter an Order granting this Motion and setting $2,200.00 as the fee limitation for the undersigned attorney in his representation of the Defendant in this case. Dated this 26 th day of June, 2014. GUSTAFSON LAW FIRM
_/ s / Thomas E. Gustafson_ Thomas E. Gustafson 36 South 12 th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net
E-FILED 2014 JUN 26 4:17 PM SAC - CLERK OF DISTRICT COURT 2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
JONATHON LEVI WILLROTH ,
Defendant.
Case No. 02811 FECR012513
COURT REPORTER MEMORANDUM AND CERTIFICATE COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.)
Appearances: For the State: Benjamin Smith For the Defendant: Thomas Gustafson Other:
Information required by Iowa Rule of Civil Procedure 1.903(3): I, Nancy A. Timmons, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3):
1. The type of proceeding that was reported: guilty plea & sentencing 2. The date(s) on which the proceeding occurred: June 30, 2014 3. The name of the court reporter who reported the proceeding: Nancy A. Timmons 4. The name of the judge who presided over the proceeding: William C. Ostlund 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10.
/s/ Nancy A. Timmons ___________________________________ District Court Reporter
1 of 2 E-FILED 2014 JUN 30 9:58 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered Electronically signed on 2014-06-30 09:57:50 2 of 2 E-FILED 2014 JUN 30 9:58 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT 2RCR08
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
JONATHON LEVI WILLROTH ,
DEFENDANT.
Case No. 02811 FECR012513
O R D E R
The Defendant has filed a motion to exceed attorney fee guidelines. That motion will be granted. However, by this order, the Court is not approving any amount of fees for the Defendant's counsel. The Court is merely indicating that counsel shall be allowed to file a fee claim in excess of the guideline amount. IT IS SO ORDERED.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY THOMAS GUSTAFSON 1 of 2 E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH Type: OTHER ORDER So Ordered Electronically signed on 2014-06-30 10:28:49 2 of 2 E-FILED 2014 JUN 30 10:29 AM SAC - CLERK OF DISTRICT COURT
1 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs. JONATHON LEVI WILLROTH,
Defenant.
N!. FECR "#$%#&
JUDGMENT AND SENTENCE
'Fel!nies(Se) A*+se,
APPEARANCES- Att!.ne/ 0en S1it2 f!. t2e State Att!.ne/ T2!1as 3+stafs!n f!. t2e Defenant, an Defenant in 4e.s!n
On t2e &" t2 a/ !f J+ne, $"#5, Defenant 4le 6+ilt/ in !4en 7!+.t an file in a77!.an7e 8it2 t2e 8aive. !f .i62ts an 8.itten 4lea !f 6+ilt/ file 2e.ein. 8as f!+n 6+ilt/ f!ll!8in6 t.ial !f t2e !ffense's, s2!8n in 4a.a6.a42 !ne '#, *el!8.
PSI P+.s+ant t! I!8a C!e 9 :"#.$(.5 A presentence investigation report is !n file an 2as *een ist.i*+te t! 7!+nsel !f .e7!.. Defendant waived use of a presentence investigation, 8aive ti1e f!. senten7in6, 8aive t2e .i62t t! file a ;!ti!n in A..est !f J+61ent an .e<+este i11eiate senten7in6. T2e C!+.t 2e.e*/ !.e.s t2at t2e J+i7ial Dist.i7t De4a.t1ent !f C!..e7ti!nal Se.vi7es 4.e4a.e a 4.esenten7e investi6ati!n .e4!.t, file it 8it2 t2e Cle.= !f C!+.t, an ist.i*+te 7!4ies as 4.!vie */ la8.
0ase !n t2e .e7!. 1ae, an 4+.s+ant t! I!8a C!e 9 :"#.>, IT IS NO O!DE!ED AND ADJUDGED as f!ll!8s-
#. Judg"ent. Defenant is 6+ilt/ an is 7!nvi7te !f t2e f!ll!8in6 7.i1es-
C!+nt Offense Date I!8a C!e Se7ti!n Offense $ &?##?#5 @"A.A 3OIN3 AR;ED WITH INTENT B CLASS D 5 &?##?#5 @"A.& ASSAULT WHILE PARTICIPATIN3 IN A FELONY B CLASS D @ &?##?#5 @":.## ASSAULT W? INTENT TO CO;;IT SEC A0USE B A33RAVATED ;ISDE;EANOR
$. Incarceration and #ine$ P+.s+ant t! I!8a C!e 99 s2!8n in 4a.a6.a42 # a*!ve an t2e I!8a C!e 99's, s2!8n *el!8 at D, t2e efenant is senten7e t! an inete.1inate te.1 !f in7a.7e.ati!n n!t t! e)7ee t2at s2!8n *el!8 4l+s fine an s+.72a.6e as f!ll!8s-
$0. Specia& Sentence. In aiti!n t! t2e senten7es i14!se a*!ve, t2e f!ll!8in6 senten7e is 2e.e*/ !.e.e, 82i72 senten7e s2all 7!11en7e at t2e en !f t2e senten7e i14!se f!. t2e +ne.l/in6 !ffense, an efenant s2all *e +ne. s+4e.visi!n as if !n 4a.!le, as 4.!vie f!. in I!8a C!e Se7ti!n :"&0.# 'Class 0 !. Class C fel!nies, f!. t2e .est !f efenantGs life. :"&0.$ 'Class D fel!nies !. 1ise1ean!.s, f!. a te.1 !f ten '#", /ea.s. T2is 4a.a6.a42 is n!t a44li7a*le.
&. Consecutive'Concurrent$ P+.s+ant t! I!8a C!e 99 :"#.%':,'7, an :"#.A, t2e a*!ve senten7e's, !f in7a.7e.ati!n 8ill .+n consecutive( !. concurrent t! ea72 !t2e.. 8it2 t2e senten7e i14!se in Case N!. . 8it2 t2e senten7e i14!se in 4a.!le?4.!*ati!n .ev!7ati!n 7ase N!. . . T2is 4a.a6.a42 is n!t a44li7a*le.
5. Mandator) Mini"u"$ A 1anat!./ 1ini1+1 senten7e !f in7a.7e.ati!n is n!t a44li7a*le.
%. Credit for Ti"e Served$ P+.s+ant t! I!8a C!e 99 :"&A.% an :"#.>, t2e efenant s2all *e 6iven 7.eit f!. all ti1e se.ve in 7!nne7ti!n 8it2 t2is 7ase.
>. Sentence of Incarceration$ T2e a*!ve te.1 !f in7a.7e.ati!n is not suspended.
@. Sentence of #ine and Surc%arge. T2e a*!ve fine an s+.72a.6e a.e n!t s+s4ene. a.e s+s4ene.
A. *EIS Surc%arge$ P+.s+ant t! :##.&, t2e La8 Enf!.7e1ent Initiative S+.72a.6e f!. a vi!lati!n !f I!8a C!e's,#$5H#%%AH5%&0H@#&H@#5H@#%AH@#>H @#:.@H@#:.AH@$%.#H@$%.$H!. @$%.&. is n!t a44li7a*le.
:. DA!E Surc%arge$ P+.s+ant t! :##.$, t2e D.+6 A*+se Resistan7e E+7ati!n s+.72a.6e f!. a vi!lati!n !f I!8a C!e's, &$#J !. #$5, ivisi!n IV, is n!t a44li7a*le !. n!t a44li7a*le *e7a+se I+61ent s+s4ene. See 9:##.$'$,. E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT
3
#". +icti"s$ Pecuniar) da"ages 4+.s+ant t! I!8a C!e :#%.#"" t! t2e vi7ti1's, as efine at I!8a C!e :#%.#"'&, as f!ll!8s- !. If n! 4e7+nia./ state1ent !f a1a6es is availa*le, !. !nl/ a 4a.tial state1ent is availa*le at senten7in6, t2e C!+nt/ Att!.ne/ 4+.s+ant t! I!8a C!e :#".& s2all 4.!vie a state1ent n! late. t2an t2i.t/ '&", a/s afte. senten7in6 an 4.!vie a 4e.1anent, s+44le1ental !.e., settin6 t2e f+ll a1!+nt !f .estit+ti!n. No Contact Order. P+.s+ant t! I!8a C!e 9 >>5A.$ an >>5A.%, a N! C!nta7t !.e. is n!t a44li7a*le !. n!t neee !. n!t .e<+este. An/ N! C!nta7t O.e. ente.e in t2is 7ase, if an/, is te.1inate. is a44li7a*le. Defenant s2all 2ave n! 7!nta7t 8it2 E1il/ Will.!t2 f!. five '%, /ea.s, f.!1 t2e ate !f t2is I+61ent. T2e C!+.t 8ill iss+e a se4a.ate !.e. t! f+.t2e. i14le1ent t2is 4a.a6.a42, if .e<+este.
##. !estitution$ P+.s+ant t! I!8a C!e 9 :#".&, t2e efenant s2all 4a/ an I+61ent is i14!se a6ainst t2e efenant as f!ll!8s- '72e7= all t2at a44l/, #ines( pena&ties and surc%arges t! t2e Cle.= !f C!+.t as set f!.t2 a*!ve. Cri"e victi" assistance progra" 'See I!8a C!e #&.&#, .ei1*+.se1ent 4+.s+ant t! I!8a C!e :#" an :#% in t2e a1!+nt !f E #,&@5.:@. T! 4+*li7 a6en7ies 4+.s+ant t! I!8a C!e 9 &$#J.$'#&,'*,. Court costs in an a1!+nt t2at 8ill *e late. 7e.tifie */ t2e Cle.= !f C!+.t. Correctiona& fees 4+.s+ant t! I!8a C!e 9 &%>.@ in t2e a1!+nt !f E . Court,appointed attorne)-s fees 4e. I!8a C!e 9 A#%.:, if t2e efenant is .e7eivin6 7!+.t a44!inte le6al assistan7e, t2e 7!+.t fins +4!n in<+i./, .evie8 !f t2e 7ase file an/ !t2e. inf!.1ati!n 4.!vie */ t2e 4a.ties, t2e efenant 2as t2e .eas!na*le a*ilit/ t! 4a/ .estit+ti!n !f fees, in7l+in6 e)4ense !f a 4+*li7 efene. in t2e a1!+nt a44.!ve */ t2e State P+*li7 Defene. !. EJJJJJJJJJJJJ 82i72eve. is less. Reas!na*le A*ilit/ t! Pa/ AI+st1ent O4ti!n- P+.s+ant t! I!8a C!e :#".$'#, t2e 7!+.t fins +4!n in<+i./, .evie8 !f t2e 7ase file an an/ !t2e. inf!.1ati!n 4.!vie */ t2e 4a.ties, t2at t2e efenant 2as t2e .eas!na*le a*ilit/ t! 4a/ .estit+ti!n f!. t2e a*!ve ite1s.
JUDGMENT IS ENTE!ED ACCO!DING*2 t%is 34 t% da) of June( 5467$
E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR JUDGMENT Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-06-30 11:53:32 page 6 of 6 E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT
1 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs. JONATHON LEVI WILLROTH,
Defenant.
N!. FECR "#$%#&
JUDGMENT AND SENTENCE
'Fel!nies(Se) A*+se,
APPEARANCES- Att!.ne/ 0en S1it2 f!. t2e State Att!.ne/ T2!1as 3+stafs!n f!. t2e Defenant, an Defenant in 4e.s!n
On t2e &" t2 a/ !f J+ne, $"#5, Defenant 4le 6+ilt/ in !4en 7!+.t an file in a77!.an7e 8it2 t2e 8aive. !f .i62ts an 8.itten 4lea !f 6+ilt/ file 2e.ein. 8as f!+n 6+ilt/ f!ll!8in6 t.ial !f t2e !ffense's, s2!8n in 4a.a6.a42 !ne '#, *el!8.
PSI P+.s+ant t! I!8a C!e 9 :"#.$(.5 A presentence investigation report is !n file an 2as *een ist.i*+te t! 7!+nsel !f .e7!.. Defendant waived use of a presentence investigation, 8aive ti1e f!. senten7in6, 8aive t2e .i62t t! file a ;!ti!n in A..est !f J+61ent an .e<+este i11eiate senten7in6. T2e C!+.t 2e.e*/ !.e.s t2at t2e J+i7ial Dist.i7t De4a.t1ent !f C!..e7ti!nal Se.vi7es 4.e4a.e a 4.esenten7e investi6ati!n .e4!.t, file it 8it2 t2e Cle.= !f C!+.t, an ist.i*+te 7!4ies as 4.!vie */ la8.
0ase !n t2e .e7!. 1ae, an 4+.s+ant t! I!8a C!e 9 :"#.>, IT IS NO O!DE!ED AND ADJUDGED as f!ll!8s-
#. Judg"ent. Defenant is 6+ilt/ an is 7!nvi7te !f t2e f!ll!8in6 7.i1es-
C!+nt Offense Date I!8a C!e Se7ti!n Offense $ &?##?#5 @"A.A 3OIN3 AR;ED WITH INTENT B CLASS D 5 &?##?#5 @"A.& ASSAULT WHILE PARTICIPATIN3 IN A FELONY B CLASS D @ &?##?#5 @":.## ASSAULT W? INTENT TO CO;;IT SEC A0USE B A33RAVATED ;ISDE;EANOR
$. Incarceration and #ine$ P+.s+ant t! I!8a C!e 99 s2!8n in 4a.a6.a42 # a*!ve an t2e I!8a C!e 99's, s2!8n *el!8 at D, t2e efenant is senten7e t! an inete.1inate te.1 !f in7a.7e.ati!n n!t t! e)7ee t2at s2!8n *el!8 4l+s fine an s+.72a.6e as f!ll!8s-
$0. Specia& Sentence. In aiti!n t! t2e senten7es i14!se a*!ve, t2e f!ll!8in6 senten7e is 2e.e*/ !.e.e, 82i72 senten7e s2all 7!11en7e at t2e en !f t2e senten7e i14!se f!. t2e +ne.l/in6 !ffense, an efenant s2all *e +ne. s+4e.visi!n as if !n 4a.!le, as 4.!vie f!. in I!8a C!e Se7ti!n :"&0.# 'Class 0 !. Class C fel!nies, f!. t2e .est !f efenantGs life. :"&0.$ 'Class D fel!nies !. 1ise1ean!.s, f!. a te.1 !f ten '#", /ea.s. T2is 4a.a6.a42 is n!t a44li7a*le.
&. Consecutive'Concurrent$ P+.s+ant t! I!8a C!e 99 :"#.%':,'7, an :"#.A, t2e a*!ve senten7e's, !f in7a.7e.ati!n 8ill .+n consecutive( !. concurrent t! ea72 !t2e.. 8it2 t2e senten7e i14!se in Case N!. . 8it2 t2e senten7e i14!se in 4a.!le?4.!*ati!n .ev!7ati!n 7ase N!. . . T2is 4a.a6.a42 is n!t a44li7a*le.
5. Mandator) Mini"u"$ A 1anat!./ 1ini1+1 senten7e !f in7a.7e.ati!n is n!t a44li7a*le.
%. Credit for Ti"e Served$ P+.s+ant t! I!8a C!e 99 :"&A.% an :"#.>, t2e efenant s2all *e 6iven 7.eit f!. all ti1e se.ve in 7!nne7ti!n 8it2 t2is 7ase.
>. Sentence of Incarceration$ T2e a*!ve te.1 !f in7a.7e.ati!n is not suspended.
@. Sentence of #ine and Surc%arge. T2e a*!ve fine an s+.72a.6e a.e n!t s+s4ene. a.e s+s4ene.
A. *EIS Surc%arge$ P+.s+ant t! :##.&, t2e La8 Enf!.7e1ent Initiative S+.72a.6e f!. a vi!lati!n !f I!8a C!e's,#$5H#%%AH5%&0H@#&H@#5H@#%AH@#>H @#:.@H@#:.AH@$%.#H@$%.$H!. @$%.&. is n!t a44li7a*le.
:. DA!E Surc%arge$ P+.s+ant t! :##.$, t2e D.+6 A*+se Resistan7e E+7ati!n s+.72a.6e f!. a vi!lati!n !f I!8a C!e's, &$#J !. #$5, ivisi!n IV, is n!t a44li7a*le !. n!t a44li7a*le *e7a+se I+61ent s+s4ene. See 9:##.$'$,. E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT
3
#". +icti"s$ Pecuniar) da"ages 4+.s+ant t! I!8a C!e :#%.#"" t! t2e vi7ti1's, as efine at I!8a C!e :#%.#"'&, as f!ll!8s- !. If n! 4e7+nia./ state1ent !f a1a6es is availa*le, !. !nl/ a 4a.tial state1ent is availa*le at senten7in6, t2e C!+nt/ Att!.ne/ 4+.s+ant t! I!8a C!e :#".& s2all 4.!vie a state1ent n! late. t2an t2i.t/ '&", a/s afte. senten7in6 an 4.!vie a 4e.1anent, s+44le1ental !.e., settin6 t2e f+ll a1!+nt !f .estit+ti!n. No Contact Order. P+.s+ant t! I!8a C!e 9 >>5A.$ an >>5A.%, a N! C!nta7t !.e. is n!t a44li7a*le !. n!t neee !. n!t .e<+este. An/ N! C!nta7t O.e. ente.e in t2is 7ase, if an/, is te.1inate. is a44li7a*le. Defenant s2all 2ave n! 7!nta7t 8it2 E1il/ Will.!t2 f!. five '%, /ea.s, f.!1 t2e ate !f t2is I+61ent. T2e C!+.t 8ill iss+e a se4a.ate !.e. t! f+.t2e. i14le1ent t2is 4a.a6.a42, if .e<+este.
##. !estitution$ P+.s+ant t! I!8a C!e 9 :#".&, t2e efenant s2all 4a/ an I+61ent is i14!se a6ainst t2e efenant as f!ll!8s- '72e7= all t2at a44l/, #ines( pena&ties and surc%arges t! t2e Cle.= !f C!+.t as set f!.t2 a*!ve. Cri"e victi" assistance progra" 'See I!8a C!e #&.&#, .ei1*+.se1ent 4+.s+ant t! I!8a C!e :#" an :#% in t2e a1!+nt !f E #,&@5.:@. T! 4+*li7 a6en7ies 4+.s+ant t! I!8a C!e 9 &$#J.$'#&,'*,. Court costs in an a1!+nt t2at 8ill *e late. 7e.tifie */ t2e Cle.= !f C!+.t. Correctiona& fees 4+.s+ant t! I!8a C!e 9 &%>.@ in t2e a1!+nt !f E . Court,appointed attorne)-s fees 4e. I!8a C!e 9 A#%.:, if t2e efenant is .e7eivin6 7!+.t a44!inte le6al assistan7e, t2e 7!+.t fins +4!n in<+i./, .evie8 !f t2e 7ase file an/ !t2e. inf!.1ati!n 4.!vie */ t2e 4a.ties, t2e efenant 2as t2e .eas!na*le a*ilit/ t! 4a/ .estit+ti!n !f fees, in7l+in6 e)4ense !f a 4+*li7 efene. in t2e a1!+nt a44.!ve */ t2e State P+*li7 Defene. !. EJJJJJJJJJJJJ 82i72eve. is less. Reas!na*le A*ilit/ t! Pa/ AI+st1ent O4ti!n- P+.s+ant t! I!8a C!e :#".$'#, t2e 7!+.t fins +4!n in<+i./, .evie8 !f t2e 7ase file an an/ !t2e. inf!.1ati!n 4.!vie */ t2e 4a.ties, t2at t2e efenant 2as t2e .eas!na*le a*ilit/ t! 4a/ .estit+ti!n f!. t2e a*!ve ite1s.
JUDGMENT IS ENTE!ED ACCO!DING*2 t%is 34 t% da) of June( 5467$
E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR JUDGMENT Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-06-30 11:53:32 page 6 of 6 E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT
1 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs. JONATHON LEVI WILLROTH,
Defenant.
N!. FECR "#$%#&
JUDGMENT AND SENTENCE
'Fel!nies(Se) A*+se,
APPEARANCES- Att!.ne/ 0en S1it2 f!. t2e State Att!.ne/ T2!1as 3+stafs!n f!. t2e Defenant, an Defenant in 4e.s!n
On t2e &" t2 a/ !f J+ne, $"#5, Defenant 4le 6+ilt/ in !4en 7!+.t an file in a77!.an7e 8it2 t2e 8aive. !f .i62ts an 8.itten 4lea !f 6+ilt/ file 2e.ein. 8as f!+n 6+ilt/ f!ll!8in6 t.ial !f t2e !ffense's, s2!8n in 4a.a6.a42 !ne '#, *el!8.
PSI P+.s+ant t! I!8a C!e 9 :"#.$(.5 A presentence investigation report is !n file an 2as *een ist.i*+te t! 7!+nsel !f .e7!.. Defendant waived use of a presentence investigation, 8aive ti1e f!. senten7in6, 8aive t2e .i62t t! file a ;!ti!n in A..est !f J+61ent an .e<+este i11eiate senten7in6. T2e C!+.t 2e.e*/ !.e.s t2at t2e J+i7ial Dist.i7t De4a.t1ent !f C!..e7ti!nal Se.vi7es 4.e4a.e a 4.esenten7e investi6ati!n .e4!.t, file it 8it2 t2e Cle.= !f C!+.t, an ist.i*+te 7!4ies as 4.!vie */ la8.
0ase !n t2e .e7!. 1ae, an 4+.s+ant t! I!8a C!e 9 :"#.>, IT IS NO O!DE!ED AND ADJUDGED as f!ll!8s-
#. Judg"ent. Defenant is 6+ilt/ an is 7!nvi7te !f t2e f!ll!8in6 7.i1es-
C!+nt Offense Date I!8a C!e Se7ti!n Offense $ &?##?#5 @"A.A 3OIN3 AR;ED WITH INTENT B CLASS D 5 &?##?#5 @"A.& ASSAULT WHILE PARTICIPATIN3 IN A FELONY B CLASS D @ &?##?#5 @":.## ASSAULT W? INTENT TO CO;;IT SEC A0USE B A33RAVATED ;ISDE;EANOR
$. Incarceration and #ine$ P+.s+ant t! I!8a C!e 99 s2!8n in 4a.a6.a42 # a*!ve an t2e I!8a C!e 99's, s2!8n *el!8 at D, t2e efenant is senten7e t! an inete.1inate te.1 !f in7a.7e.ati!n n!t t! e)7ee t2at s2!8n *el!8 4l+s fine an s+.72a.6e as f!ll!8s-
$0. Specia& Sentence. In aiti!n t! t2e senten7es i14!se a*!ve, t2e f!ll!8in6 senten7e is 2e.e*/ !.e.e, 82i72 senten7e s2all 7!11en7e at t2e en !f t2e senten7e i14!se f!. t2e +ne.l/in6 !ffense, an efenant s2all *e +ne. s+4e.visi!n as if !n 4a.!le, as 4.!vie f!. in I!8a C!e Se7ti!n :"&0.# 'Class 0 !. Class C fel!nies, f!. t2e .est !f efenantGs life. :"&0.$ 'Class D fel!nies !. 1ise1ean!.s, f!. a te.1 !f ten '#", /ea.s. T2is 4a.a6.a42 is n!t a44li7a*le.
&. Consecutive'Concurrent$ P+.s+ant t! I!8a C!e 99 :"#.%':,'7, an :"#.A, t2e a*!ve senten7e's, !f in7a.7e.ati!n 8ill .+n consecutive( !. concurrent t! ea72 !t2e.. 8it2 t2e senten7e i14!se in Case N!. . 8it2 t2e senten7e i14!se in 4a.!le?4.!*ati!n .ev!7ati!n 7ase N!. . . T2is 4a.a6.a42 is n!t a44li7a*le.
5. Mandator) Mini"u"$ A 1anat!./ 1ini1+1 senten7e !f in7a.7e.ati!n is n!t a44li7a*le.
%. Credit for Ti"e Served$ P+.s+ant t! I!8a C!e 99 :"&A.% an :"#.>, t2e efenant s2all *e 6iven 7.eit f!. all ti1e se.ve in 7!nne7ti!n 8it2 t2is 7ase.
>. Sentence of Incarceration$ T2e a*!ve te.1 !f in7a.7e.ati!n is not suspended.
@. Sentence of #ine and Surc%arge. T2e a*!ve fine an s+.72a.6e a.e n!t s+s4ene. a.e s+s4ene.
A. *EIS Surc%arge$ P+.s+ant t! :##.&, t2e La8 Enf!.7e1ent Initiative S+.72a.6e f!. a vi!lati!n !f I!8a C!e's,#$5H#%%AH5%&0H@#&H@#5H@#%AH@#>H @#:.@H@#:.AH@$%.#H@$%.$H!. @$%.&. is n!t a44li7a*le.
:. DA!E Surc%arge$ P+.s+ant t! :##.$, t2e D.+6 A*+se Resistan7e E+7ati!n s+.72a.6e f!. a vi!lati!n !f I!8a C!e's, &$#J !. #$5, ivisi!n IV, is n!t a44li7a*le !. n!t a44li7a*le *e7a+se I+61ent s+s4ene. See 9:##.$'$,. E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT
3
#". +icti"s$ Pecuniar) da"ages 4+.s+ant t! I!8a C!e :#%.#"" t! t2e vi7ti1's, as efine at I!8a C!e :#%.#"'&, as f!ll!8s- !. If n! 4e7+nia./ state1ent !f a1a6es is availa*le, !. !nl/ a 4a.tial state1ent is availa*le at senten7in6, t2e C!+nt/ Att!.ne/ 4+.s+ant t! I!8a C!e :#".& s2all 4.!vie a state1ent n! late. t2an t2i.t/ '&", a/s afte. senten7in6 an 4.!vie a 4e.1anent, s+44le1ental !.e., settin6 t2e f+ll a1!+nt !f .estit+ti!n. No Contact Order. P+.s+ant t! I!8a C!e 9 >>5A.$ an >>5A.%, a N! C!nta7t !.e. is n!t a44li7a*le !. n!t neee !. n!t .e<+este. An/ N! C!nta7t O.e. ente.e in t2is 7ase, if an/, is te.1inate. is a44li7a*le. Defenant s2all 2ave n! 7!nta7t 8it2 E1il/ Will.!t2 f!. five '%, /ea.s, f.!1 t2e ate !f t2is I+61ent. T2e C!+.t 8ill iss+e a se4a.ate !.e. t! f+.t2e. i14le1ent t2is 4a.a6.a42, if .e<+este.
##. !estitution$ P+.s+ant t! I!8a C!e 9 :#".&, t2e efenant s2all 4a/ an I+61ent is i14!se a6ainst t2e efenant as f!ll!8s- '72e7= all t2at a44l/, #ines( pena&ties and surc%arges t! t2e Cle.= !f C!+.t as set f!.t2 a*!ve. Cri"e victi" assistance progra" 'See I!8a C!e #&.&#, .ei1*+.se1ent 4+.s+ant t! I!8a C!e :#" an :#% in t2e a1!+nt !f E #,&@5.:@. T! 4+*li7 a6en7ies 4+.s+ant t! I!8a C!e 9 &$#J.$'#&,'*,. Court costs in an a1!+nt t2at 8ill *e late. 7e.tifie */ t2e Cle.= !f C!+.t. Correctiona& fees 4+.s+ant t! I!8a C!e 9 &%>.@ in t2e a1!+nt !f E . Court,appointed attorne)-s fees 4e. I!8a C!e 9 A#%.:, if t2e efenant is .e7eivin6 7!+.t a44!inte le6al assistan7e, t2e 7!+.t fins +4!n in<+i./, .evie8 !f t2e 7ase file an/ !t2e. inf!.1ati!n 4.!vie */ t2e 4a.ties, t2e efenant 2as t2e .eas!na*le a*ilit/ t! 4a/ .estit+ti!n !f fees, in7l+in6 e)4ense !f a 4+*li7 efene. in t2e a1!+nt a44.!ve */ t2e State P+*li7 Defene. !. EJJJJJJJJJJJJ 82i72eve. is less. Reas!na*le A*ilit/ t! Pa/ AI+st1ent O4ti!n- P+.s+ant t! I!8a C!e :#".$'#, t2e 7!+.t fins +4!n in<+i./, .evie8 !f t2e 7ase file an an/ !t2e. inf!.1ati!n 4.!vie */ t2e 4a.ties, t2at t2e efenant 2as t2e .eas!na*le a*ilit/ t! 4a/ .estit+ti!n f!. t2e a*!ve ite1s.
JUDGMENT IS ENTE!ED ACCO!DING*2 t%is 34 t% da) of June( 5467$
E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR JUDGMENT Case Number Case Title FECR012513 STATE VS JONATHAN LEVI WILLROTH So Ordered Electronically signed on 2014-06-30 11:53:32 page 6 of 6 E-FILED 2014 JUN 30 11:53 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 03 8:59 AM SAC - CLERK OF DISTRICT COURT
G.R. No. 159208 - Rennie Declarador Vs Hon. Salvador S. Gubaton, Et Al. - August 2006 - Philippine Supreme Court Jurisprudence - Chanrobles Virtual Law Library