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E-FILED 2014 JUL 27 10:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUL 28 11:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
Case No: 02811 AGCR012609
vs.
JUAN ERNESTO CRIOYOS ,
Defendant.

INITIAL APPEARANCE

Charges:
01 - 321.561 - DRIVING WHILE BARRED
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
2 Years Prison
And/Or $625 to 6,250 plus 35% surcharge and court costs.
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.
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E-FILED 2014 JUL 28 11:44 AM SAC - CLERK OF DISTRICT 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 not drive until legally licensed.

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 08/18/2014 at 10:30 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

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E-FILED 2014 JUL 28 11:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Case Number
AGCR012609
Type:

Case Title
STATE VS JUAN EMESTO CRIOYOS
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-07-28 11:44:29

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E-FILED 2014 AUG 18 11:51 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. AGCR012609

TRIAL INFORMATION

JUAN ERNESTO CRIOYOS,
DOB: 03/15/1977
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, Juan Ernesto Crioyos
of the crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER
SECTION 321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of
Iowa Code Sections 321.560 and 321.561 committed as follows:
The said Defendant, Juan Ernesto Crioyos, on or about July 27, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the state while
license has been barred for being a habitual offender under section 321.555 and 321.556 of the
Code of Iowa.
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 AUG 18 11:51 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. JUAN ERNESTO CRIOYOS
Criminal No. AGCR012609
COUNT I: Operating a Motor Vehicle While License is Barred Under Section 321.560
as a Habitual Offender

NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT
OF TRANSPORTATION

E-FILED 2014 AUG 18 11:51 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Type:

Approval of Trial Information

Case Number
AGCR012609

Case Title
STATE VS JUAN EMESTO CRIOYOS

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 2014-08-18 11:51:42

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E-FILED 2014 AUG 18 11:51 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 AGCR012609
ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

JUAN ERNESTO CRIOYOS ,

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 Hearing is
scheduled on 09/03/2014 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 AUG 18 11:51 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Type:

ORDER FOR ARRAIGNMENT

Case Number
AGCR012609

Case Title
STATE VS JUAN EMESTO CRIOYOS
So Ordered

Electronically signed on 2014-08-18 11:51:43

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E-FILED 2014 SEP 02 12:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,

CASE No. AGCR012609

Plaintiff,
v.
JUAN ERNESTO CRIOYOS,

MOTION TO CONTINUE
ARRAIGNMENT

Defendant.
COMES NOW the State of Iowa and requests the Court reschedule the
arraignment set for September 3, 2014, for the following reasons: The undersigned
is on active duty orders with the Iowa Army National Guard from September 3, 2014,
through September 12, 2014. Additionally, the Defendant is not represented by an
attorney, and has not filed an application for court appointed counsel. If the Court
continues the arraignment, and the Defendant appears for tomorrow’s arraignment
as ordered, a representative from the undersigned’s office will inform Defendant that
the arraignment has been continued, and provide Defendant with a blank application
for court appointed counsel.
WHEREFORE, for the reasons stated above, the State respectfully requests that
the Court reschedule the arraignment to September 17, 2014.

____________________________
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 SEP 02 4:18 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY
02811 AGCR012609

STATE OF IOWA,
Plaintiff,
v.

ORDER RESCHEDULING ARRAIGNMENT
JUAN ERNESTO CRIOYOS ,
Defendant.

The arraignment currently scheduled in this matter needs to be rescheduled.
The State requests a continuance of the arraignment. The request is granted.
IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on
09/17/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless
a written arraignment and plea of not guilty document in a form substantially similar to
that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with
the Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:

County Attorney
Defendant

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E-FILED 2014 SEP 02 4:18 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Case Number
AGCR012609
Type:

Case Title
STATE VS JUAN EMESTO CRIOYOS
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2014-09-02 16:18:26

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DISTRICT CGUiJ i Ur 10
SAC COUNTY
FILED

IOWA DISTRICT COURT FOR SAC COUNTY
2011, S E P - 3

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STATE OF IOWA,
PLAINTIFF

IM0..^GC^6\^Cd0q
APPLICATION TO WAIVE

VS.

VjLftY^ C r > Q \ ) O S ,

ATTORNEY A N D PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:
1.

I know I have a right to be represented by an attorney in this case
and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2.
I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3.
I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4.
Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.

Dated this

Defendant

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
No. AGCRO12609
Plaintiff,

co
m

S3

*

vs.
JUAN ERNESTO CRIOYOS,

*

WRITTEN ARRAIGNMENT
PLEA OF NOT GUILTY
ProSe

Defendant.

p: <r> o
33»

-< -4:

\3

o

COMES NOW the Defendant in the above-captioned criminal case and under oath states:
1. I have been informed of my right to be represented by an Attorney, and decline to be
represented by an attorney and I wish to proceed ProSe.

2. My current mailing and residence addresses and telephone number are:

Telephone:
H<»HlU the following level of
3.1 can read %AT-HPC-IOOband understand English language and
have completed
education:
l^gj
/ I Cir^e*^
.
4. I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this
Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings
which are computed from the date of arraignment will be computed from the date of filing
this Written Arraignment and Plea of Not Guilty.
5. I have received a copy of the Trial Information which charges me with the crime of
DRIVING WHILE BARRED-HABITUAL OFFENDER, an Aggravated Misdemeanor
in violation of Iowa Code Sections 321.560 and 321.561. I have read it and I have
familiarized myself with it contents.
6. With regard to the name by which I am charged in the Trial Information (either check "a"
or check and complete "b"):
( / f a . The name on the Trial Information is my true name. I have been advised and
understand that I am now precluded from objecting to the Trial Information upon the
grounds that I am improperly named.
( ) b. The name shown on the Trial Information is not my true name. My true name
is
. I request that an entry be made in the
minutes showing my true name. I have been advised and understand further
proceedings will be had against me by that true name, the Trial Information will be

amended accordingly, and when the Trial Information is so amended, I will be
precluded from objecting upon the grounds I am improperly named.
7. I have advised and understand that I may plead guilty, not guilty or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to contemplate my case,
and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 27(2)(b) of the lowa
Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the
Trial Information and (check either "a" or "b"):
( x) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).
11. I request that a trial date be set pursuant to Rule 8. lof the Iowa Rules of Criminal
Procedure. I will be available for trial on the following days:
.

Defendant, Juan Ernesto Crioyos
STATE OF IOWA
SAC COUNTY

)
) SS
)

On this?^ _ day of _
2014 before my the undersigned, a Notary
Public in and for said State, personally appeared
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that he executed the same of his voluntary act and deed.

Original e-filed
Copy to be provided to:
Sac County Attorney
Defendant

SHELLEY BASS
Cteffc of District Court - Designee
Sac County

E-FILED 2014 SEP 03 2:38 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
JUAN ERNESTO CRIOYOS ,

Case No: 02811 AGCR012609
RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on September 3, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 10/15/2014 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 11/04/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
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E-FILED 2014 SEP 03 2:38 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

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E-FILED 2014 SEP 03 2:38 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Case Number
AGCR012609
Type:

Case Title
STATE VS JUAN EMESTO CRIOYOS
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-09-03 14:38:12

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E-FILED 2014 OCT 14 9:05 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
JUAN ERNESTO CRIOYOS,

Case No. AGCR012609
REPORT OF PRETRIAL
CONFERENCE

Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 13, 2014, the parties conducted a Pretrial Conference as ordered,
or in anticipation of the same. The State of Iowa appeared through the Sac
County Attorney, Ben Smith. Defendant appeared pro se. The parties, through
the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows: The
Defendant agrees to plead guilty as charged, pay the minimum fine and all
applicable costs and fees. The State agrees to recommend that Defendant
receive a suspended jail sentence of six months and be placed on informal
probation through the Sac County Probation Office.
Defendant intends to submit a written guilty plea by November 4, 2014.
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 2014 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 AGCR012609
Plaintiff,
vs.

ORDER

JUAN ERNESTO CRIOYOS ,
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 either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

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E-FILED 2014 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Case Number
AGCR012609
Type:

Case Title
STATE VS JUAN EMESTO CRIOYOS
OTHER ORDER
So Ordered

Electronically signed on 2014-10-14 10:46:23

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E-FILED 2014 OCT 26 11:30 PM SAC - CLERK OF DISTRICT COURT

Date: 10/26/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

AGCR012609

No.
vs.

JUAN EMESTO CRIOYOS
Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE
OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:
1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________
Date_____10/26/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2014 OCT 27 1:23 PM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 AGCR012609

vs.
JUAN ERNESTO CRIOYOS ,

ORDER

DEFENDANT.

The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before November 10, 2014. If any objection is filed on or
before November 10, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before November 10, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
MEDIA COORDINATOR
JUAN ERNESTO CRIOYOS

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E-FILED 2014 OCT 27 1:23 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Case Number
AGCR012609
Type:

Case Title
STATE VS JUAN EMESTO CRIOYOS
OTHER ORDER
So Ordered

Electronically signed on 2014-10-27 13:22:56

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E-FILED 2014 NOV 04 11:51 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 04 11:51 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 04 3:51 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

AGCR012609
Plaintiff,
RECORD OF PLEA OF GUILTY
AND SENTENCING ORDER

v.
JUAN EMESTO CRIOYOS,
Defendant.
DATE:

November 4, 2014

CHARGE:

Driving While Barred, an aggravated misdemeanor, in violation of
Iowa Code § 321.561

Defendant has filed a written guilty plea and a waiver of Defendant’s 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 Defendant’s 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 above-described crime(s) and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge of $218.75; and
(3)
the court costs of this action.
Defendant shall pay all financial obligations owed to the Clerk of
Court of this county or online at www.iowacourts.gov. All such
financial obligations shall be paid in full on or before the 30th day
following the filing of this Order. If the financial obligations are not
paid in full within 30 days of filing of this Order, it may be
considered a violation of this Order and the terms of Defendant’s
probation. In addition, pursuant to Iowa Code Section 602.8107, a
failure to pay in full within 30 days may result in this case being
assigned to the Centralized Collection Unit of the Iowa Department
of Revenue or its designee to collect the debts owed to the Clerk of

E-FILED 2014 NOV 04 3:51 PM SAC - CLERK OF DISTRICT COURT

Court. In the event this matter is assigned for collection, additional
fees may be imposed pursuant to law;
b.

Defendant shall serve six months in the county jail. This sentence
is suspended in its entirety. Defendant shall be given credit for
time previously served. The County Sheriff shall designate the
appropriate county jail facility.
In compliance with Iowa Code Section 356.7, 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
Defendant’s 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; and

c.

As a condition of a portion of Defendant’s 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:
(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)

If Defendant becomes eligible for reinstatement of
Defendant’s driver’s license during the term of probation,
Defendant shall take all steps necessary to obtain a valid
driver’s license as soon as Defendant is eligible;

(4)

Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;

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E-FILED 2014 NOV 04 3:51 PM SAC - CLERK OF DISTRICT COURT

(5)

Defendant shall comply with all terms of this Order,
including paying all financial obligations and completing all
required tasks in a timely manner.

3.
The Court grants this sentence because it provides for Defendant’s
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
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendant’s right of appeal.
5.
Appeal Bond is set in the sum of $5,000.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendant’s behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendant’s financial obligations shall be applied toward Defendant’s financial
obligations. All cash bail remaining, if any, after payment of Defendant’s financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendant’s financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.

Clerk Shall Furnish Copies To:
County Attorney
Defense Counsel
County Sheriff
Iowa DOT

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E-FILED 2014 NOV 04 3:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts
Type:

OTHER ORDER

Case Number
AGCR012609

Case Title
STATE VS JUAN EMESTO CRIOYOS
So Ordered

Electronically signed on 2014-11-04 15:51:35

page 4 of 4

E-FILED 2014 NOV 06 8:24 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 06 3:11 PM SAC - CLERK OF DISTRICT COURT