E-FILED 2014 OCT 05 2:54 AM SAC - CLERK OF DISTRICT COURT

DISTRICT C o ^ i Lr inm
SAC COUNI Y ""
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
MAGISTRATE

DIVISION

FILED
2dlk 0P,J -,S

M g

p-j

STATE OF IOWA,
Plaintiff

MAGISTRATE NO.

vs.
INITIAL APPEARANCE
OWI
Defendant
day of I J \ J \ $ C \ J j % j J ,, 201
20l_|/,
On this f
j i the Defendant herein appears before the
undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While
Intoxicated f T^" offense, being a violation of Section ^ j ' t - J * . "<)-< of the Code oflowa.
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 of Section

Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor

, which is classified as:

That the maximum punishment for a plea of guilty or conviction of the above charge is:
a)
]\
One Year County Jail - Minimum ^ days
c)
d)

^, ~And/Orafineofnotlessthan$ [ d S or more than $ t P 7 X ' T

X.
Y will lose your license for a minimum of
days and cannot obtain
a work permit for 3t>
days.

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.
(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 oXa Class D felony/serious misdemeanor; or
(b)
| \ , (If appropriate) Upon consideration of the factors in Section 811.2, the -ewrt-is_BOt
rriiionnhly aiitnrrd that i win appear at all rniirt prn111 ilin, , in lln fnliu i
I Ihrrrfnrr 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 lowa 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) 7325136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within
30 days to the Sac Countv Clerk of Court at P.O. Box 368, Sac City, IA 50583. Y O U
A R E NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAILURE TO
C O M P L Y W I L L RESULT IN ISSUANCE OF A N ARREST WARRANT AND
REVOCATION OF YOUR PRETRIAL RELEASE.
y n i

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/' ^ / C f A ; f . '

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:
7> sit fofthe S l P ^ l x s pf Q O W ^
, 20/_Tat l O V ^
Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

A . M . in 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 require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator jqt (641^421-0990. (If you pre^hf^ring impaired, call Relay Iowa
TTY at 1-800-735-2942.)

/arren L. Bush

Judicial Magistrate

Copies to:
County Attorney
Defendant
Sac County SherifT

E-FILED 2014 OCT 07 2:36 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 2:36 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 03 9:29 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. OWCR012664

TRIAL INFORMATION

THOMAS WALTER FRANK,

DOB: 12/27/1970,
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, Thomas Walter Frank
of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Thomas Walter Frank, on or about October 5, 2014 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of
the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. while having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. while any amount of a controlled substance is present in the person as measured in the
person's blood or urine;
and having been convicted of/received a deferred judgment for the crime once before; the said
Defenant, Thomas Walter Frank having received a deferred judgment for the crime of Operating
While Intoxicated First Offense in Ida County Iowa in Ida County District Court, Cause No.
OWCR006816 on or about May 10, 2012.
A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith

Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2014 NOV 03 9:29 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. THOMAS WALTER FRANK

Criminal No. OWCR012664
COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
CHERYL KASKEY, CLERK OF COURT, IDA COUNTY IOWA DISTRICT COURT

E-FILED 2014 NOV 03 9:29 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012664

Case Title
STATE VS THOMAS WALTER FRANK

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 2014-11-03 09:29:41

page 3 of 3

E-FILED 2014 NOV 03 9:29 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012664

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

THOMAS WALTER FRANK ,

Defendant.

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 is
scheduled on 11/19/2014 at 9:00 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

E-FILED 2014 NOV 03 9:29 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012664

Case Title
STATE VS THOMAS WALTER FRANK
So Ordered

Electronically signed on 2014-11-03 09:29:41

page 2 of 2

E-FILED 2014 NOV 13 3:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 13 3:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 14 3:38 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
THOMAS WALTER FRANK ,

Case No: 02811 OWCR012664

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

Defendant.
The defendant having filed a written arraignment in this matter on November 13, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 at 9:30 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 01/27/2015 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

E-FILED 2014 NOV 14 3:38 PM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2014 NOV 14 3:38 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012664
Type:

Case Title
STATE VS THOMAS WALTER FRANK
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-14 15:38:23

3 of 3

E-FILED 2015 JAN 07 9:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
v.
THOMAS WALTER FRANK,

Case No. OWCR012664

REPORT OF PRETRIAL
CONFERENCE

Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 7, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Joe Halbur. The parties, through the
undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information, OWI
Second Offense, and the State has agreed to recommend the following to the
Court: 1) that defendant pay the minimum fine; 2) that defendant serve a
minimum of seven days in jail with the remainder suspended; 3) that defendant
be placed on informal probation with the Sac County Probation Office; and 4)
that the companion simple misdemeanor citation filed in Case No.
STA0021665 be dismissed with costs to defendant.
Defendant intends to submit a written guilty plea by January 21, 2015.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.

E-FILED 2015 JAN 07 9:03 AM SAC - CLERK OF DISTRICT COURT

__________________________
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 2015 JAN 07 11:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012664
Plaintiff,
vs.

ORDER

THOMAS WALTER FRANK ,

Defendant.

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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 01/21/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
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 2015 JAN 07 11:34 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012664
Type:

Case Title
STATE VS THOMAS WALTER FRANK
OTHER ORDER
So Ordered

Electronically signed on 2015-01-07 11:33:58

2 of 2

E-FILED 2015 JAN 22 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 22 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 22 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 22 11:45 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012664
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

THOMAS WALTER FRANK,

Defendant.

CHARGE:

Operating While Intoxicated, Second Offense, an aggravated

misdemeanor, in violation of Iowa Code 321J.2

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, Second Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,875.00;
(2)
a 35% surcharge of $656.25;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and

E-FILED 2015 JAN 22 11:45 AM SAC - CLERK OF DISTRICT COURT

(5)

the court costs of this action.

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.
b.

Defendant shall serve 364 days in the county jail, with all but seven
(7) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by April 22, 2015. The
7-day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule. Defendant may serve
this sentence via the work release program facilitated by the Sac
County Sheriff, if the Sheriff deems that he is qualified for that
program. Defendant may complete 48 hours of this sentence via
the 48-hour Weekend Alcohol Program. If Defendant does not
serve the jail sentence by that date, in addition to Defendant being
subject to contempt of court or probation revocation proceedings,
upon written request from the Sheriff, the Clerk of Court shall issue
a warrant for mittimus of the unsuspended portion of the sentence
and such warrant shall issue without further court order. In that
event, Defendants sentence shall be served continuously and not
in 48-hour installments.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the

E-FILED 2015 JAN 22 11:45 AM SAC - CLERK OF DISTRICT COURT

Probation Supervisor imposes, the Court specifically imposes all of

the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

(3)

Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and

(4)

Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;

d.

Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and

e.

Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.

3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in

E-FILED 2015 JAN 22 11:45 AM SAC - CLERK OF DISTRICT COURT

Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $5,000.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
7.
Pursuant to plea agreement, Case No. STA0021665 is dismissed upon
motion of the county attorney.

Clerk Shall Furnish Copies To:

County Attorney
Defense Attorney
County Sheriff
Iowa Department of Transportation

E-FILED 2015 JAN 22 11:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012664

Case Title
STATE VS THOMAS WALTER FRANK
So Ordered

Electronically signed on 2015-01-22 11:45:52

page 5 of 5

E-FILED 2015 JAN 23 3:34 PM SAC - CLERK OF DISTRICT COURT

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