E-FILED 2013 MAY 23 3:14 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 23 8:30 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 24 10:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012311 vs. DONALD THOMAS THORPE , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE 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 2 days Years Prison And/Or a fine of not less than $1,250 or more than $1,875 You will lose your license for a minimum of 180 days and cannot obtain a work permit for 0 days.

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E-FILED 2013 MAY 24 10:03 AM SAC - CLERK OF DISTRICT COURT

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court. 5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: (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 06/11/2013 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Copies to: County Attorney The Court has provided a copy to the Defendant Defendant

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E-FILED 2013 MAY 24 10:03 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

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E-FILED 2013 MAY 24 10:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012311 Type: Case Title STATE VS DONALD THOMAS THORPE HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-05-24 10:03:51

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E-FILED 2013 MAY 24 4:13 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. DONALD THOMAS THORPE DEFENDANT

) ) ) Crim No. OWCR012311 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

COMES NOW Charles A. Schulte, Schulte & Graven Law Firm, P.C., 421 Main St. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on behalf of the above-named defendant and on behalf of the defendant, waives preliminary hearing in the captioned matter.

/s/Charles A. Schulte AT0007137 SCHULTE & GRAVEN LAW FIRM P.C. 421 Main St., PO Box 392 Sac City, IA 50583 Phone: (712) 662-4715 Fax: (712) 662-4884

Original filed Copy to: County Attorney

E-FILED 2013 MAY 28 9:31 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR

Sac

COUNTY
Criminal

STATE OF IOWA or Plaintiff/Petitio ner,

N o .( \ w c K O

137)l

Ycvo[,]T. TI"yr p
Defendant/Respondent.

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my applicationfor appointmentof counsel, and under penalty of perjury, the undersignedstates:

N^", DonqfJ
Home Phone: 66 StreetAddresr, 3 I D

l-hof

Jce
cellphone:

BirrhDate:9/'q/AS
E-mail:

ts - 76 2t

/3,
Street/P.O. Box Apt # City E Yes,Full Time B-Yies, PartTime (List Hours/week:

SoFz
State

zip

Pending charges: Do you havea job? D No Job

In Jail? D Y e s E N o

w h o d o y ou w o rkro B rz ra f ) e ff-c

D,fl

i n O.

How much money do you currentlymakebeforetaxesor deductions? 6OO, O O per E hour E{onth E year A 4 How muchmoneyhaveyou madein the last 12monthsfrom any source, beforetaxesor deductions ? 6 , / 0 0 , O () How manyfamily members aresupported by or live with youZ 2If a spouse lives with you, how muchmoneydoesyour spouse ^u1r"t E5o, oa per E hour tr-rn-onth E year

List all othermoneyyou, or anyone elseliving in your household, hascomingin:

- o

List whatyou own includingmoneyin banks,cars,trucks,othervehicles, land,houses, buildings, cash, or anything elseworth morethan$100:
b -

you paymonthlyfor mortgages, List amounts rent,

loans,creditcards, child support, or any otherdebts:

36f.o

tt ./

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 changesin the information submitted on this financial affidavit. I promise under penalty of perjury that the statementsI make in this application are true and that I am unable to pay for an attorney to representme.

Signafure

E-FILED 2013 MAY 28 11:11 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. DONALD THOMAS THORPE , DEFENDANT. 02811 OWCR012311 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 MAY 28 11:11 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012311 Type: Case Title STATE VS DONALD THOMAS THORPE ORDER APPOINTING So Ordered

Electronically signed on 2013-05-28 10:32:12

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012311 Plaintiff, vs. TRIAL INFORMATION DONALD THOMAS THORPE, DOB: 09/14/1965 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, Donald Thomas Thorpe of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Donald Thomas Thorpe, on or about May 22, 2013 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. A TRUE INFORMATION /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 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 2013 JUN 26 10:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012311 Approval of Trial Information Case Title STATE VS DONALD THOMAS THORPE

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 2013-06-26 10:28:07

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E-FILED 2013 JUN 25 12:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. DONALD THOMAS THORPE, Defendant. CRIMINAL CAUSE NO. OWCR012311

Attachment to Trial Information Witness List

NAMES OF WITNESSES: TORY CUDABACK, DEPUTY, Sac County Sheriff's Department JAMES A. BLESKACEK, OR MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, Iowa Department of Public Safety, Criminal Investigation Division, Criminalistics Laboratory KIM SNOOK, DIRECTOR OF DRIVER SERVICES, IOWA DEPARTMENT OF TRANSPORTATION,

E-FILED 2013 JUN 26 10:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. OWCR012311 Plaintiff, ORDER VS. SET ARRAIGNMENT AND BOND DONALD THOMAS THORPE, Defendant. The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City Iowa on the 16th day of July 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall have no contact with the victim or any witness set forth in the minutes of evidence in this matter. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other: [X] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation and provide it to the Court. Failure to do so may result in the revocation of Defendants Pre Trial Release.

State of Iowa Courts Type: Case Number OWCR012311 ORDER FOR ARRAIGNMENT Case Title STATE VS DONALD THOMAS THORPE So Ordered

Electronically signed on 2013-06-26 10:28:07

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E-FILED 2013 JUL 15 4:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICT COURTFOR SAC COUNTY STATEOF IOWA, Vs. DONALDTHOMASTHORPE Defendant
) ) Date Trial Information filed: 0612612013

I CRIMINALNO OWCRO123I WRITTENARRAIGNMENT. PLEA OFNOT GUILTY

criminal caseand under oath states: COMES NOW the Defendantin the above-captioned and phonenumberare by Attorney CharlesA. Schulte,whoseaddress L I am represented (112) 662-4715. 421MatnSt.,PO Box 392,SacCity, lA. 50583; and phonenumberare 3 I 0 N. l3'l' St.,Sac address 2. My currentmailing and residence My dateof birth is 09-14-1965. City, IA 50583. My phonenumberis: (712)660-3838. have completedthe following level and the English language I can readand understand 12 Years. of education: that I have a right to arraignment 4. I havebeenadvisedby my attorneyand understand insteadto sign this Written choosing right, in openCourt, and I voluntarily waive that that times for further proceedings Arriignment and Plea of Not Guilty. I understand will be computedfrom the dateof which are computedfrom the dateof arraignment filing this Written Arraignmentand Pleaof Not Guilty. me with the crime of 5. I havereceiveda copy of the Trial Informationwhich charges _ Of iN ViOIAtiON 1ST OFFENSE COUNT I: OPERATING WHILE INTOXICATED Iowa Code Section321J.2. 6. With regardto the name by which I am chargedin the Trial Information (either check "a" or checkand complete"b"): ,/ ( 1J{. The name on the Trial Informationis my true name. I have beenadvised that I am now precludedfrom objectingto the Trial Information upon the and understand groundthat I am improPerlYnamed' ( )b. The name shown on the Trial Informationis not my true name. My true nameis. I requestthat an entry be madein the minutesshowingmy true name' I have will be had againstme by that name, further proceedings beenadvisedand understand accordingly,and when the Trial Informationis so the Trial Information will be amended I will be precludedfrom objectingupon the groundsI am improperly named' amended, that I may plead guilty, not guilty or former 7. I havebeenadvisedand understand convictionor acquittal.

E-FILED 2013 JUL 15 4:34 PM SAC - CLERK OF DISTRICT COURT

I have had sufficienttime to discussmy casewith 8. For the purposeof this arraignment, my attorney,and I waive any further time in which to entera plea' 5 above. in paragraph 9. I pleadNOT GUILTY to the charges of the that I havea right underRule 2.33(2)(b) 10. I havebeenadvisedand understand Iowa Ruleso.fCriminal Procedureto atrial within ninety days/oneyear after the filing of and (checkeither "a" or "b"): the Trial Informrytion ,/ and (c). to Rule 2.33(2)(b) trial pursuant t Ord.l demandspeedy and (c). to Rule 2.33(2)(b) trial pursuant ( ) b. I waive my right to a speedy 11. I requestthat atrial datebe set pursuantto Rule 8.1 of the lowa RulesofCriminal Procedure. My attorneyand I will be availablefor trial on the following days:Any Time.

Attorney for Original to be filed ith Clerk of Court Copy providedto: SacCounty Attorney PO Box 92

fendant

SacCitv.IA 50583

E-FILED 2013 JUL 16 9:24 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. DONALD THOMAS THORPE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on July 15, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on August 27, 2013, at 9:00 a.m. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 OWCR012311

ORDER FOR TRIAL

E-FILED 2013 JUL 16 9:24 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE

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E-FILED 2013 JUL 16 9:24 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012311 Type: Case Title STATE VS DONALD THOMAS THORPE ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-07-16 09:23:37

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E-FILED 2013 SEP 10 2:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICTCOURTIN AND FOR SAC COUNTY STATE OFIOWA, N o .O W C R 0 l 2 3 l l Plaintiff GUILTY PLEA VS. SEzuOUS MISDEMEANOR- OWI

DONALDTHOMASTHORPE. DOB: 09/14/1965 Defendant

COUNT I l. the undersigned Def'endant. havecarefully readandfully understand the following: I am charged with OPERATINC A MOTOR VEHICLE WHILE INTOXICATED - IST OFFENSE, in violationof lowa Code Section321J.2,a Serious Misdemeanor, and I hereby request that my pleaof guiltyto the charge be entered ofrecord. punishment A. The maximurr fbr a Scrious Misdemeanor is imprisonment of not morethanone yearir jail and a mandatory fineofnot morethan$1,250.00, plus statutory plus surcharges, court costsand all costsand feesincurredfor legalassistance which is immediately due on the dateof sentencing.I realizethat, ifthere r,"'as no personal or property injury, and I presentto the Court a temporary restricted license, the Courl may waiveup to $625of the fineandthe related statutory surcharge. I acknowledgethat, the Court may order me to perform work, if the Court is of theopinion cornnunity service that conmunityservice work will deter and discourage otherslrom similarcrinrinalactivity. The communityservicemustbe donefor a governrnental or non-profit agency. (The rate at which community service shall be calculated againstmy fine shallbe the federalminimumwage.) In addition,I may be required to pay correctionalfeesfor incarceration and enrollmentfeesfor probation. I am awarethat sentencing optionsmay includedeferralofJudgrnentand Sentence, the grant ofprobation and the suspension ofthe sentence imposed. o There is a minimumpenaltyof irnprisonment in jail for 48 hours, which must be imposed judgment, unless I am eligible lbr a deferred or defened sentence. r The Courtmustorderme to attend a course for drinking drivers. o The Court must order me to undersoa substance abuseevaluation and to follow the reconxnendations. o The Court rnayorderme to participate in a realityeducation prevention substance abuse program. . The Court may order restitutionto any victim of rny offense. In addition,the Court may order restitution up to $500 each to any public agency (hre-fighting, law enforcement, ambulance, medicalor any other emergency sen'ices), which responded as a resultof my violation. . Unless the Departmentol' Transportationhas already revoked my licenseor driving privileges, I understand my license or drivingprivileges will be revokeda minimumof 180 days.

E-FILED 2013 SEP 10 2:07 PM SAC - CLERK OF DISTRICT COURT

. I understand that there can be no deferralofjudgrnent or sentence or suspension ofany n'nndatoryminimum sentence of incarceration and no suspension of any other part of n)y sentence not involvingincarceration ifl: . I tested over.1570: or o I refused an implied consent test;or . I havebeenconvicted of OWI or received a defenediudsmentor sentence for OWI in Iowa or anyotherstate; or o lf another person wasinjurcd by thisOWi offbnse. o I understand that there can be no reductionofmy fine and the relatedstatutorysurcharge unless: . The Court finds that there has beenno personalinjury as a result of my actions, and . Thc Court firds that therehasbeenno Droperty damage as a resultofmy actions, and . I presenta temporaryrestrictedlicense within the time orderedby the Court. o I understand I must completea substance abuseevaluationat my own expense beforeI canbe sentenced. I will provide the evaluation to the CourtbeforeI am sentenced. judgrnentor deferredsentence B. I understand that a criminalconviction,deferred may affectrny underfederal immrgration status laws. C. lf I pleadnot guilty, I rvouldbe entitled to the followingrights. I give up theserightsby pleadrrrg guilty: ( l). The rightto a speedy andpublictrialby a jury of twelvepeople. (2). The rightto havean attomey represent me at trialand,if the Court foundI wasunable to afford an attomey,the Court would, at public expense, appointan attorneyto represent me. (3). At trial, I would be presumed irutocent until suchtime, ifever, the Stateestablished my guilt beyond a reasonable doubt. (4). At trial,a jury verdictof guiltywouldhaveto be unanimous. (5). At trial, I would havethe privilege agaurst self-incrimination, that is, I cannot be forcedto testify, and if I choose not to testi!, the Statemay not comment on the fact of my lailureto testifu and,at my request, I would be entitled to a jury instruction stating that thejury could not inlbrguilt fionr nr,ut-ailure to tcstil;. (6). At trial, the Statewould haveto confrontme with witnesses upon whosetestimony it relied to obtainconviction, andI would havetherightto crossexamine thosewitnesses. (7). At trial, I u,ould be entitledto presentwitnesses to testif,/ on my behalf and to process compulsory to secure thosewitnesses. D. By pleading guilty,therewill not be a trial of anykLnd.By pleading guilty,I waivemy rightto jury. trial,andrvillbe treated asifl hadbeen guilty triedandfound by a E. The Court, in determining whethcrthereis a factualbasisfor this plea of guilty,may make such a detennination by examiningthe Minutes of Testimonyattachedto the Trial lnformation, by reviewing the investigativerepofts of law enforcementagents who have

E-FILED 2013 SEP 10 2:07 PM SAC - CLERK OF DISTRICT COURT

investigated the offense,or by askingme or counsel to reciteand summarize the materialfacts that would be ofleredat trial. The court hasthe discretionto acceptor reject any plea agreement madebetweenthe State and myseli. The plea agreementis: I will pleadto Count l: Ooerating a Motor Vehicle will follow the recommendation of the Substance AbuseEvaluation. whichwasno treatmenr. I will be placedon orobation to the Sac county Probation officer for a periodof one year liom the Judgmentdate. t will pay a Civil Penaltvto the State Court Administrator.in the amount of$1.250.00. court aopointed attomeyfees. andcourtcostst to bepaidasOrdered bv the Court. lf I obtain a temporary restrictedlicensethe Civil penalt),will be reducedto 5625.00. I will cornplete a l2-hour Primefbr Life courseor similarprogramwithin sx (6) months ol'thisdate. This piea agreernent includes that I wili be responsible to pay court costs,pa),ment ofail costs and feesincurredfor legal assistance, victim restitution,correction(ail) fee for any jail time andall surcharges and mandatory punishments (seeparagraph B) applicable to my case. F. I now stateto the court that I am, ui fact GUILTY and that no threatsor promises havebeen madeto induceme to enter my plea of guilty. I havebeeninformedthat the elements of the crime are: I operated a motor vehicle(l) while under the influence of an alcoholic beverage or other drug or a combinationof such substances; or (2) while having an alcoholconcentration of .08 or more; or (3) while any amount ofa controlledsubstance is presentin my personas measured in my blood or urine. I understandthe nature of the chargeagainstme. This oflense wascommitted by me in SacCountyIowa by rny doingthe following: I did on or about Mav 22. 2013.unlalvfullvoperatea motor vehiclewhilc under the influence of alcoholand was intoxicatedat the time when I was driving and did havea blood alcohol concentration of .138BAC. I herebystatethat I subrnitthis written pleaof guilty with full knowledgeand waiver of rny rights and I do so lieely and voluntarily. No threatshavebeenmadeagainstme to obtain this guilty plea. No promisesof leniencyor favorabletreatmenthave been made, except for any plea agreement disclosed to the Courtat the timeof thisguiltyplea. G. If theCourtaccepts nrypleaofguilty, I realize: (l). The Court will set a sentencing date not lessthan fifteendays after the date of its acceptance of thisguiltypleaunless I waivethisright. In orderto contest thispleaofguilty, I must file a Motion in Arrest of Judgment at leastfive daysprior to sentencing.The right to file a Motion in Arrest of Judgmentwill be waived by having the court imposea sentence today. (2). Ifthe court imposes a sentence today,I will neverbe ableto challenge thispleaof guilty, and I rvill be giving up rny right to directlyappeal my guilty plea. I askthe court to accept thispleaof guilty. I waivethepreceding rightsandrnyrightto have the Courtaddress me oersonallv.

E-FILED 2013 SEP 10 2:07 PM SAC - CLERK OF DISTRICT COURT

WAIVER OF MOTION IN ARREST OF JUDGMENT Ifthe Courtaccepts my pleaof guilty,I wishto be sentenced now. I understand that: l . ln order to contestthis plea of guilty, I must file a Motion in Arrest of Judgment no later than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of judgment,and that the Court will set a sentencing date not lessthan fifteendaysafter the dateof its acceptance of this guilty plea unless I waivethis right, and the right to file a Motionin Arrestof Judgrnent will be waivedby having the Courtimpose a sentence now. By having the Court impose my sentence now, I will nevcrbe ableto challenge thispleaof guilty and I will be giving up my right to directlyappealrny guilty plea. I herebyrequestthe Court sentence rnenow and i waive any time to wliich I may be entitled for sentencing at a laterdate. WAIVER OF RIGHT TO BE PRESENT I havebeenfully advisedthat I havea constitutional right to be presentat my sentencing andpresent in my own behall I understand evidence that it is rnychoice to be present or not, and thatno onecanexclude me from sentencing. With the abovein mind, and further understanding that my decisionwhetherto be present or not is my own decision, I hereby knowi waivethe right to be presenta1my sentencmg.

Schulte.
STATEOF IOWA SS SAC COUNTY

Onthis 7 dayrf 4v4/A' 20 t3. before ne rheundersrgned, a Notarypublicin and 'Dc:Aq 'T-h for said personally State, appearea / .tomc d /J9 e lr\ person person known known to be bethc thcidcntical idcntical namcd namcd in and andwho who executed executed the forcsoins the forcgoingidstrumentidstrument, and and acknowlcdscd acknowlcdgcd
that he executedthe samc ofhis voluntarv act and deed.

cl

0^ /

, ---\= t\ oI3ry

A. SCHULTE .. CHABLES 1Z4Z74 Numbq .). Commlssion

I Mv Commlssion 9, 20 oecember

E-FILED 2013 SEP 10 2:51 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. OWCR012311 Plaintiff, ORDER DEFERRING JUDGMENT vs. DONALD THOMAS THORPE, DOB: 09/14/1965, Defendant. COUNT I The State appears by Sac County Attorney Benjamin John Smith, and Defendant appears by Attorney at Law Charles Schulte. The Defendant having previously filed herein a Waiver of Rights and Appearance Plea of Guilty to the said offense, which plea contained statements by Defendant pursuant to the requirements of State v. Sisco, 169 N.W.2d 542 and Brainard v. State, 222 N.W.2d 711. Defendants guilty plea is accepted. In entering his guilty plea the Defendant acknowledged awareness of his rights and that the plea was voluntarily entered. Defendant waived additional time for sentencing and acknowledged that he would not be in a position to file a motion in arrest of judgment if judgment was imposed immediately and that Defendant still wished to have sentence pronounced at this time. The Defendant has plead guilty to the crime of OPERATING A MOTOR VEHICLE WHILE INTOXICATED 1ST OFFENSE, a Serious Misdemeanor, in violation of Iowa Code Section 321J.2. IT IS ORDERED that the entry of judgment and pronouncement of sentence is deferred and Defendant is placed on probation to the Sac County Probation Officer for a period of one year, and during such probation period, Defendant shall abide by all the terms and conditions of the probation as set forth on the Probation Agreement. Upon successful completion of probation, Defendant shall be discharged without imposition of sentence or judgment. Defendants probation shall be subject to the following terms and conditions: 1. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the Sac County Probation Officer at the Sac County Courthouse, 100 NW State Street, Suite 9, 2nd Floor, Sac City, Iowa, 50583. a. Defendant shall obey all Federal, State, and local laws and ordinances. b. Defendant is Ordered to report any new arrests, to the Sac County Probation Officer within seven days of the arrest date. c. Defendant shall abstain from the use of illicit drugs and alcohol during his probationary period. d. Defendant shall timely pay all amounts ordered by this Judgment. 2. Defendant shall pay a Civil Penalty to the State Court Administrator in the amount of $1,250.00; to be paid as ordered by the Court. If Defendant provides proof that he has obtained a temporary license work permit to drive, then the Civil Penalty is reduced to $625.00. 1

E-FILED 2013 SEP 10 2:51 PM SAC - CLERK OF DISTRICT COURT

3. Defendant shall pay court costs in the amount of $100.00 and other fees; to be paid as ordered by the Court. 4. Defendant shall pay court appointed attorney fees in the amount of $402.00; to be paid as ordered by the Court. 5. Defendant shall (at his own expense) complete a 12-hour Prime for Life course or similar program within six (6) months of this date. 6. Defendant has submitted to a substance abuse evaluation and the results are on file with the Clerk of Court, dated August 14, 2013 from New Opportunities. 7. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to any change in address until all obligations of this case have been completed. 8. If the Defendants license has not already been revoked, for this offense, the Department of Transportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J. 9. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $50.00 per month to the Sac County Clerk of Court with payments to begin on the 15th day of the month following this order and shall continue on the 15th day of each month until paid in full. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if one payment is missed, the entire obligation becomes immediately due. IT IS FURTHER ORDERED that bond previously set in this matter is exonerated. Defendant having appeared, any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution.

Original filed EDMS, Copies to: County Attorney Defendants Attorney, Charles Schulte Department of Transportation Court Administrator Substance Abuse Agency

E-FILED 2013 SEP 10 2:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012311 ORDER FOR JUDGMENT Case Title STATE VS DONALD THOMAS THORPE So Ordered

Electronically signed on 2013-09-10 14:51:59

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