E-FILED 2015 JAN 10 5:13 AM SAC - CLERK OF DISTRICT COURT

O S I l o i i^----, ,,-.

SAC CUUi-i i
FILED

IN T H E IOWA DISTRICT C O U R T FOR SAC COUNTY

2015.m \

MAGISTRATE DIVISION

-i.

r n

STATE OF IOWA,
plaintiff

MAGISTRATE NO.

vs.
INITIAL A P P E A R A N C E
OWI
Defendant

O n th is
day of
the Defendant herein appears before the
undersigned Magi
agistrate in and for Sac County, h a v i n g been charged

with the crime of Operating

Open
While
Intoxicated \ S \ offense, being a violation of Section
-J P \ of the Code of Iowa.
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:

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail M i n i m u m
days
a) .
Years Prison
b) .
A n d / O r a fine of not less than $ f o b ' ^
or more than $ f f ' &
^
/ c ~*
c) .
You will lose your license for a minimum of | ^ d a y s and cannot obtain
d) .
a work permit for
V
days.
C

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 C o u r t

Is

(a)
IN
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
g u i l t y Oja C l a r s D -felony/serious m i s d e m e a n o r ; o r

(b)
(If appropriate) Upon consideration of the factors in Section 811.2, the Cuui I h not
ro<icf. ph| assured that yon will a| |
*"
p m " " " " " ^ * ttiu
f and t h f " ^ " the
Court imposes the following conditions on your release:
(1) You must not use alcohol or drugs during the pendency of this matter. J
You must not drive while your license is under suspension.
You must obey the laws of the State of Iowa and the United States.
You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac C i t y - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 7325136) or a facility of your choosing A T Y O U R E X P E N S E with a copy to be sent within
30 days to the Sac County C l e r k of Court at 100 N W State Street, Ste. 12, Sac C i t y , IA
50583. Y O U A R E N O T I F I E D T H A T T H I S IS M A N D A T O R Y , A N D Y O U R F A I L U R E
T O C O M P L Y W I L L R E S U L T IN I S S U A N C E O F A N A R R E S T W A R R A N T A N D
REVOCATION OF YOUR PRETRIAL RELEASE.
1

^ ^ f j

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:
Waived
A
=
^
Set for the
ck^> ^ day of ^ L ^ / t ^ J - V
2 0 & at I
A . M . in the
Magistrate Courtroom, Courthouse, Sac GJtyi Sac County, Iowa.
v

II If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-47911
I | before attending this hearing to determine whether or not it will be held.
8.
IF YOU H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO T H E SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 D A Y S
F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED T H E M S E L V E S WITHIN 10
DAYS F R O M THIS DATE, T H E SAC COUNTY SHERIFF'S D E P A R T M E N T IS ORDERED A T 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 at (641) 421-0990. (If you are hearing impaired, call Relay Iowa
T T Y at 1-800-735-2942.)

Warren L. Bush/Joseph J . Heidenreich, Judicial Magistrate

Copies to:

Sac County Sheriff

E-FILED 2015 JAN 12 3:46 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. OWCR012729

Plaintiff,
v.

TRIAL INFORMATION

KEITH ALAN BABCOCK,

DOB: 4-26-1960
Defendant.

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, KEITH ALAN BABCOCK (Defendant) of the crime of OPERATING
WHILE INTOXICATED SECOND OFFENSE, an Aggravated Misdemeanor in
violation of Iowa Code Section 321J.2 committed as follows: On or about January
10, 2015, 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: while under the
influence of an alcoholic beverage or drugs or a combination of such substances;
or while having an alcohol concentration of .08 or more as measured in the
person's breath, blood or urine; or while any amount of a controlled substance is
present in the person as measured in the person's blood or urine. Furthermore,
Defendant was convicted of and / or received a deferred judgment for the crime
Operating While Intoxicated, in Sac County, Iowa, District Court Case No.
OWCR011537, on or about January 26, 2010.

E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

A TRUE INFORMATION

_________________________
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 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST:
ALEX LADWIG, Peace Officer, Lake View Police Department
SAC COUNTY CLERK OF COURT
MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI

E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012729

Case Title
STATE VS KEITH ALAN BABCOCK

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 2015-02-10 14:59:45

page 4 of 4

E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012729

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

KEITH ALLEN BABCOCK ,

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 02/18/2015 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 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012729

Case Title
STATE VS KEITH ALAN BABCOCK
So Ordered

Electronically signed on 2015-02-10 14:59:45

page 2 of 2

E-FILED 2015 FEB 18 9:04 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 FEB 18 9:04 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 FEB 18 9:24 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
KEITH ALLEN BABCOCK ,

Case No: 02811 OWCR012729

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

Defendant.
The defendant having filed a written arraignment in this matter on February 18, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 04/01/2015 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 04/07/2015 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 2015 FEB 18 9:24 AM 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 2015 FEB 18 9:24 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012729
Type:

Case Title
STATE VS KEITH ALAN BABCOCK
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-02-18 09:23:53

3 of 3

E-FILED 2015 MAR 06 11:22 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. OWCR012729

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

KEITH ALLEN BABCOCK,

Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On or around March 2, 2015, the parties conducted a Pretrial Conference.
The State of Iowa appeared by the Sac County Attorney, Ben Smith. The
Defendant appeared by his attorney, Colin McCullough. 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. In consideration, the State has agreed to recommend
Defendant serve the minimum jail sentence, pay the minimum fine and all
applicable costs and fees, and be placed on informal probation with the Sac
County Probation Office. The State has also agreed to dismiss the companion,
simple misdemeanor citation filed in No. SMCR012730.
Defendant intends to submit a written guilty plea by March 18, 2015.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.

__________________________
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 MAR 06 1:47 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012729
Plaintiff,
vs.

ORDER

KEITH ALLEN BABCOCK ,

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 03/18/2015 at 10:00 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 MAR 06 1:47 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012729
Type:

Case Title
STATE VS KEITH ALAN BABCOCK
OTHER ORDER
So Ordered

Electronically signed on 2015-03-06 13:46:45

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E-FILED 2015 MAR 16 9:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 16 9:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 16 9:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 16 11:26 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012729
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

KEITH ALAN BABCOCK,

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; and
(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;

E-FILED 2015 MAR 16 11:26 AM SAC - CLERK OF DISTRICT COURT

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 May 16, 2015. The 7day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule. Defendant is eligible for
the Sac County Work Release Program. Defendant may substitute
a 48-hour Weekend Alcohol Program for 48 hours of jail time. 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
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:

E-FILED 2015 MAR 16 11:26 AM SAC - CLERK OF DISTRICT COURT

(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
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in

E-FILED 2015 MAR 16 11:26 AM SAC - CLERK OF DISTRICT COURT

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.
IT IS FURTHER ORDERED that Case No. SMCR012730 is dismissed upon
motion of the county attorney and pursuant to plea agreement. Costs are taxed to the
Defendant.

Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

E-FILED 2015 MAR 16 11:26 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012729

Case Title
STATE VS KEITH ALAN BABCOCK
So Ordered

Electronically signed on 2015-03-16 11:26:13

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E-FILED 2015 MAR 19 10:59 AM SAC - CLERK OF DISTRICT COURT