Professional Documents
Culture Documents
INITIAL APPEARANCE
OWI
Charges:
01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
02 - 321.561 - DRIVING WHILE BARRED
2 aggravated misdemeanors: Each of the penalties for incarceration is doubled from what is shown.
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 - Minimum days
2 Years Prison
And/Or a fine of not less than $1875 or more than $6250 on the OWI and not less than
625 nor greater than 6250 for the driving while barred
You will lose your license for a minimum of 365 days and cannot obtain a work permit for
365 days.
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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:
(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 Iowa 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 - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
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 10/13/2014 at 10:00 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
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Defendant
Sac County Sheriff
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Case Title
STATE VS KYLE JO FREESE
HEARING FOR INITIAL APPEARANCE
So Ordered
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STATE OF IOWA,
Plaintiff,
vs
KYLE JO FREESE ,
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 10/15/2014 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.
Case Number
OWCR012647
Case Title
STATE VS KYLE JO FREESE
So Ordered
page 2 of 2
The said Defendant, Kyle Jo Freese, on or about September 17, 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 an habitual offender under section 321.555 and 321.556 of
the Code of Iowa.
A TRUE INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
Case Number
OWCR012647
Case Title
STATE VS KYLE JO FREESE
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
page 4 of 4
201 M nr.T 15 AH 9: 03
Sac
COUNTY
Criminal
STATE OF IOWA or
Plaintiff/Petitioner,
Civil
NO. q ^ . K . a i ^ W ^
vs.
'
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
' Name:
f/<^<-C
Home Phone:
BiithDate:
Cell Phone: J j j ' O f h floQ E-mail:
Apt#
City
State
Pending charges: P f l V I M j . W i , ! / ^ L i f A
O U i
NoJob
Zip
In Jail? Yes # No
)
How much money have you made in the last 12 months from any source, before taxes or deductions?
~f~hrti{
List all other money you, or anyone else living in your household, has coming in: f \ Q f )
List what you own mcluding money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $ ljiPj_jg
~
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
loo month
-**ri
1 So
ft
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,(WW-/-
Signature / f y / f e
P f ^ > ^
Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
02811 OWCR012647
KYLE JO FREESE ,
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
VS.
DEFENDANT.
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 is not eligible for court-appointed counsel. Application denied.
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Case Title
STATE VS KYLE JO FREESE
ORDER APPOINTING
So Ordered
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STATE OF IOWA,
Plaintiff,
v.
County Attorney
Defendant
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Case Title
STATE VS KYLE JO FREESE
ORDER FOR CONTINUANCE
So Ordered
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CRIMINAI,NO.OWCROI2647
Vs.
WRITTENARRAIGNMENT.
PLEAOFNOT GUII,TY
KYLE.]OFREESE.
Defendant
conviclionor acquittal.
I havehad sufficienttime to discussm-vcasewith
8. for the purposeof this arraignment,
in rvhichto entera plea.
further
time
I
waive
any
m) attorncy.and
9. I pleadNOT GUILTY to the chargesin paragraph5 above.
that I havea right underRule 2.33(2)(b)of the
10. I havebecnadvisedand understand
the filing of
Iowa Rttleso/ Crintinal ProcedureIo a trial Vnithinninetl'days/oneyeara11er
and (checkeither"a" or "b"):
the Irial InforlrrgLion
',/
(V{a. I acmandspeeclytrial pursuantto Rule 2.33(2)(b)and (c).
trial pursuantto Rule 2.33(2)(b) and (c).
( ) b. I waive my right to a speed.v
11. I rcquestthat a trial datebe setpursuantto Rule u.1 ofthe 1on'aRuleso/ Criminul
Protedure. My attorneyand I will be availablelor trial on the following days:Any
Time.
Def'endan
Original to bc filed with Clrk of Court
Copy provided to:
County Attorney
Defendant.
The defendant having filed a written arraignment in this matter on November 4, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 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 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.
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Case Title
STATE VS KYLE JO FREESE
ORDER SETTING TRIAL
So Ordered
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Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
KYLE JO FREESE,
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 17, 2014, 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, Chuck Schulte. 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, pay all
applicable costs and the minimum fine, serve the minimum jail sentence, and be
placed on informal probation through the Sac County Probation Office. In return,
the State has agreed to dismiss Count 2 of the Trial Information.
Additionally, Defendant intends to submit a written guilty plea by January
7, 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
STATE OF IOWA,
02811 OWCR012647
Plaintiff,
vs.
ORDER
KYLE JO FREESE ,
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 01/07/2015 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.
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Case Title
STATE VS KYLE JO FREESE
OTHER ORDER
So Ordered
2 of 2
VS.
KYLE JO FREESE,
DOB:08/08/1985
*
*
*
*
*
*
GUILTY PLEA _
AGGRAVATED MISDEMEANORCount I- OWI 2ndOffense
>F
Defendant.
COUNTI
COMES NOW the Defendantin the aboveaction and statesthat I have beencharged
with OPERATING A MOTOR VEHICLE WHILE INTOXICATED - 2NDOFFENSE, an
AggravatedMisdemeanor,in violationof Iowa Code Section321J.2,and I herebyrequestthat
my pleaof guilty to the chargebe enteredof record.
fendant.Kvle Jo Freese
STATEOF IOWA
SS
SACCOUNTY
U a u'l.
O n t h i sL d a y
of
.2u q beforemy the undersigned,
a Notary Public in and for
saidState,pcrsonaily'appcarcci t{y /<
Ft/e<s
<
,
to me known to be the identicalpersonnamed{n and who executedthe foregoinginstrument,and acknowledgedthat
he executedthe sameof his voluntarvact and deed.
ffiry,#
OWCR012647 (Count I)
Plaintiff,
v.
KYLE JO FREESE,
Defendant.
CHARGE:
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
(5)
the court costs of this action.
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 8, 2015. The 7day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule.
If the Defendant
completes the 48-hour Weekend Offender Program, he shall
receive credit towards 48 hours of the jail sentence. Defendant
may participate in the work release program facilitated by and
according to the rules of the Sac County Sheriff. 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.
(2)
(3)
(4)
d.
e.
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
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 Count II of the Trial Information is
dismissed upon motion of the county attorney and pursuant to plea agreement. Costs
are taxed to the Defendant.
OTHER ORDER
Case Number
OWCR012647
Case Title
STATE VS KYLE JO FREESE
So Ordered
page 5 of 5
AMENDED