SRCR012750 - Nemaha Woman Pleads Guilty To Assault On Persons Engaged in Certain Occupations PDF

E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 15-140
Filed with Court Clerk (cc: CA)
Arrest Date: 02/06/2015
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
HORTON
PATRICIA
MICHELLE
Suffix
Address
City
State
Zip Code
220 S. 3RD ST.
NEMAHA
IA
50567
Date of Birth
Gender
Race
Ethnicity
11/14/1967
FEMALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
State
Height
Weight
Eye Color
Hair Color
FL
5' 06"
166 LBS
BLUE - BLU
BROWN - BRO
OFFENSE
State Local
Code Section
Crime Description
Class
708.3A(4)
ASSAULT ON PERSONS IN CERTAIN OCCUPATIONS
SRMS
Location Type
15 - JAIL/PRISON
Literal Description
WILLIAMS ST AND W STATE ST

Address
City
State
100 NW STATE ST
SAC CITY
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
02/06/2015
Upper Date Range
Incident Time or Low Range
Zip Code
50583
Upper Time Range
00:50
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
assault ___, a peace officer, jailer, correctional staff, member or employee of board of parole, health care provider, employee of the department of
human services or firefighter, knowing that ___ was a peace officer, jailer, correctional staff, member or employee of board of parole, health care
provider, employee of the department of human services or firefighter
VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last
First
Middle
Suffix
Business/Organization/State/County/Municipality Name
SAC COUNTY SHERIFF'S OFFICE

Address
City
State
Zip
100 NW STATE ST
SAC CITY
IA
50583
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
Called to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirley
advised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side of
Printed At
2/6/2015
8:13 AM
Page 1
of 2
Form #:
15-140
the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain this
to Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused and
continued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail. While at the jail, Patricia
refused to answer routine jailer question for booking. As Deputy Biede and I went to place Patricia in a jail cell. Patricia began to shove Deputy Biede
and I. Patricia then swung her right hand which struck me in the face. Patricia was then assisted into the jail cell.
BURNS, JOEL
81-7
Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE

Defendant Implicated
02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME
Operating Motor Vehicle in County
STATE OF IOWA,
Other Physical Evidence
Attempted To Inflict Injury
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
JENNIFER SCHRAMM
Commission Number
786033
My Commission Expires
09/11/2017
02/06/2015
Signature of Verifying Party
Peace Officer
2/6/2015
8:13 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
15-140
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012750
vs.
PATRICIA M HORTON ,
Defendant.
ORDER ON INITIAL APPEARANCE
Charges:
01 - 708.3A(4) - ASSAULT ON PERSONS IN CERTAIN OCCUPATIONS
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 and
first offense operating while intoxicated which carries a minimum fine of $1250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of confiction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operators license for a period of and you cannot qualify for a
work permit for days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
1 of 4
MANDATORY SUBSTANCE ABUSE EVALUATION:

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
PRELIMINARY HEARING
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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
2 of 4
Preliminary Hearing is scheduled on 02/23/2015 at 10:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa. in the magistrate courtroom.
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.
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
Defendant
Sac County Sheriff
3 of 4
State of Iowa Courts

Case Number
SRCR012750
Type:
Case Title
STATE OF IOWA VS HORTON, PATRICIA M
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-02-06 11:20:08
4 of 4
FILED
a5FEB-
6 PM
Sac
EN THE IOWA DISTRICT COURT FOR.
Civil
. 'zXcSs&m
Plaintiff/Petitioner,
vs.
COUNTY
^Criminal
STATE OF IOWA or.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support-ofmy application for appointment of counsel, and under penalty of perjnry, the undersigned states:
Name:
Birth Date:
Cell Phone:3 C H tic^ f
Home Phone:
Street Address:
# 2
ft & * *4 >*1 D
Street/P.O. Box
Apt #
^^ail:
City
Stete
Pending charges:
Do you have a job?
Zip
Zip
In Jail? Yes
No Job
Yes, Full Time
Yes, Part Time (List Hours/week:
Who do you work for?

per hour J f l month year
How much money do you currently make before taxes or deductions?
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you?
^7^7 7^
If a spouse lives with you, how much money does your spouse make?
per hour
month year
List all other money you, or anyone else living in your household, has coming in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
U)0 i\W
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 jfche^stateinents I make in this application are true
and that I am unable to pay for an attorney to represent me./
Date
Signature
\fAC)Sl\'r^ ^
Rev. 1/6/12
COUNTY
IN T H E I O W A D I S T R I C T C O U R T F O R
C a s e No.
Plaintiff
Authorization for Return of C a s h B o n d

Following Arrest and B o n d Information
fjo
Defendant
The Defendant has been

has been
been posted
posted in
in tne
the amount
amount ot
of $
. for the^crime
sen arrested
arrested and
and cash
cash bond
bond has
$
of / J / t > o ^ c l
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)
'
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appear
at the
<y
( 3 * n d t ^ c J " H 5 6 ^ / / / p p 1?<L+- - "IF, the Defendant fails to
posted
is
eligible
for
time and place when the
Defendant's
personal
appearance
ne Defendant's personal appearance is ordered by the court, the bond pos
forfeiture pursuant to lowa Code section 811.6(1).
o
CO
The Defendant shall appear in court on date:
f t>
time:
m
CD
I state that I have posted cash bond for the Defendant and authorize the following (only check one option): o S - i
(
) When the bond has been released please issue a check for the entire amount payable to me.*
_!
-
o
( ) When the bond has been released please pay the defendant's financial obligation, including but nghlimited 3>
to fines, surcharges and costs, on the above stated case and then issue a check to me for the balance.*( ) When the bond has been released please release the money to the defendant. ** (check this option only if
the money belongs to the Defendant)
0
'Pursuant to lowa Code section 602.8103(6), with proper notice, any refund to the person posting the cash bond
will be applied to existing criminal debt due and owing to the State of lowa in this county.
All bond refunds will be made by check through the mail.
"Pursuant to lowa Code section 811.8(2) - upon final disposition of a case, the clerk of court shall return the
cash bail to the person who deposited the money. Written permission must be obtained if the cash is to be used
for or released to anyone other than the person who posted the bond.
I have read and u n d e r s t a n d the above information, /have c h e c k e d one box fpr final disbursement of the bond
being posted.
Date:
Signature of person posting bond
(W/7/ be used for verification of identity when bond is released)
Printed
Name Ut.r
of .Person
Bond
IIILcU INdlllC
fcJioUM rPosting
UollJiy
DUIIU
Vis*
*~
mt fv-NrvA.il-
Address, City, State & Zip (Make sure the Clerk of Court is kept advised of current address)
Driver's License No. and State of Issuance
Email
Copy of this document was provided to the Defendant on
Printed Name and Title of Person Providing Document
Phone#
(date)
Signature of Person Providing Document
01STRIC1 COunT UF IOWA

SAC COUNTY
IOWA DISTRICT COURT FOR SAC COUNTY
FILED
STATE OF IOWA,
PLAINTIFF
8= 55
NO.
.V?.
APPLICATION TO WAIVE
ATTORNEY AND 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 a m
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.
Defendant
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
PATRICIA M HORTON ,
02811 SRCR012750
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
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 has income at or below 125% of the guidelines, not appointing would cause financial
hardship.
Attorney James S. Schall (712) 291-6807, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
SRCR012750
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2
E-FILED 2015 FEB 16 2:26 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA
Plaintiff
02811 SRCR012750
VS
PATRICIA M HORTON
ORDER
Defendant
Defendant's motion to withdraw is sustained.
1 of 2

Case Number
SRCR012750
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
vs.
CRIMINAL CAUSE NO. SRCR012750
TRIAL INFORMATION
PATRICIA MICHELLE HORTON,

DOB: 11/14/1967
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, Patricia Michelle
Horton of the crime of ASSAULT ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS, a
Serious Misdemeanor in violation of Iowa Code Sections 708.1 and 708.3A(4) committed as
follows:
The said Defendant, Patricia Michelle Horton, on or about February 6, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully assault Deputy Joel Burns, a peace
officer, jailer, correctional staff, member or employee of board of parole, health care provider,
employee of the department of human services or firefighter, knowing that Deputy Joel Burns
was a peace officer, jailer, correctional staff, member or employee of board of parole, health
care provider, employee of the department of human services or firefighter.
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
THE STATE OF IOWA vs. PATRICIA MICHELLE HORTON

Criminal No. SRCR012750
COUNT I: Assault on Persons Engaged in Certain Occupations
NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

Type:
Approval of Trial Information
Case Number
SRCR012750
Case Title
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 3 of 3
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
Case No: 02811 SRCR012750

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
PATRICIA M HORTON ,
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 03/04/2015 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

Type:
ORDER FOR ARRAIGNMENT
Case Number
SRCR012750
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
No. SRCR012750
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
PATRICIA M. HORTON,
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On February 13, the parties conducted a Pretrial Conference, anticipating
an order for the same. The State of Iowa appeared by the Sac County Attorney,
Ben Smith. Defendant, after executing the pro se waiver, and after her courtappointed attorney, Jim Schall, informed the undersigned he planned to
withdraw from the matter, 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:
Defendant has agreed to plead guilty to Count 1 of the Trial Information, pay the
minimum fine and all applicable costs, and the State has agreed to dismiss the
companion citation filed in SMCR012751, and recommend to the Court that
Defendant be placed on informal probation through the Sac County Probation
Office. Further, Defendant intends to submit a written guilty plea by March 4,
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
STATE OF IOWA,
02811 SRCR012750
Plaintiff,
vs.
ORDER
PATRICIA M HORTON ,
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 03/04/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2

Case Number
SRCR012750
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
*
Plaintiff,
* No. SRCRO12750
*
vs.
*
PATRICIA MICHELLE HORTON, *
*
Defendant.
^
o
tn
tn
PO
WRITTEN ARRAIGNMENT
PLEA OF NOT GUILTY
ProSe
cTi F g S
* S=^
oo
CO
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:
Address: M X
LMfc-feKjJ^ I \2.
Telephone:
3.1 can read and understand English language and have completed the following level of
education:
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
ASSAULT ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS a SERIOUS
MISDEMEANOR in violation oflowa Code Sections 708.1 and 708.3A(4). 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"):
( i ^ 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 Iowa
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"):
( ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
(i/fb^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, Patricia Michelle Horton

STATE OF " T e ^ - , ^
t^-
COUNTY
On this J o day of
/L
2015 before my the undersigned, a Notary
Public in and for said State, personally appeared
to me known to be the identical person named in and who executed the foregoing instrument,
and acknowledged that she executed the same of her voluntary act and deed.
ary PubTTc in and for the State of
Original e-filed
Copy to:
Defendant
~ - ~
NAZIEH A HAMED
October 28, 2017
mmm
mm m m m w m

STATE OF IOWA
No. SRCR012750
Plaintiff
vs.
GUILTY PLEA
(Serious Misdemeanor)
DOB: 11/14/1967
Defendant.
o
cn
cn
ZS.
33"
wo
cn
COUNT I
co
I, the undersigned Defendant, have carefully read and fully understand the following:
A. I am charged with ASSAULT ON PERSONS ENGAGED IN CERTAIN
OCCUPATIONS, in violation of Iowa Code Sections 708.1 and 708.3A(4), a Serious
Misdemeanor; and I hereby request that my plea of guilty to the charge be entered of record.
B. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one
year in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all court
costs and all costs and fees incurred for legal assistance. There is a minimum fine of $315.00,
plus a 35% surcharge in the amount of $110.25, which is immediately due on the date of
sentencing unless a payment plan is approved by the Court within thirty days of the Judgment
entry. In addition, if the charge is a violation oflowa Code Chapters, 124, 155A, 453B, 713,
714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an additional
Law Enforcement Initiative surcharge of $125. I acknowledge that, the Court may order me
to perform community service work if the Court is of the opinion that community service
work will deter and discourage others from similar criminal activity. (The rate at which
community service shall be calculated against my fine shall be the federal minimum wage.) In
addition, I may be required to pay correctional fees for incarceration and enrollment fees for
probation. I am aware that sentencing options may include deferral of Judgment and
Sentence, the grant of probation and the suspension of the sentence imposed.
C. I understand that, a criminal conviction, deferred judgment or deferred sentence may affect my
status under federal immigration laws.
D. If I plead not guilty, I would be entitled to the following rights. I give up these rights by
pleading guilty:
(1) . The right to a speedy and public trial by a jury of twelve people.
(2) . The right to have an attorney represent me at trial and, if the Court found I was unable to
afford an attorney, the Court would, at public expense, appoint an attomey to represent me.
(3) . At trial, I would be presumed innocent until such time, if ever, the State established my
guilt beyond a reasonable doubt.
(4) . At trial, a jury verdict of guilty would have to be unanimous.
(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to
testify, and if I choose not to testify, the State may not comment on the fact of my failure to
testify and, at my request, I would be entitled to a jury instruction stating that the jury could
not infer guilt from my failure to testify.
(6) . At trial, the State would have to confront me with witnesses upon whose testimony it
relied to obtain conviction, and I would have the right to cross examine those witnesses.
(7) . At trial, I would be entitled to present witnesses to testify on my behalf and to
compulsory process to secure those witnesses.
E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to
trial, and will be treated as i f l had been tried and found guilty by a jury.
F. The Court, in determining whether there is a factual basis for this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the Trial
Information, by reviewing the investigative reports of law enforcement agents who have
investigated the offense, or by asking me or counsel to recite and summarize the material facts
that would be offered at trial.
The Court has the discretion to accept or reject any plea agreement made between the State
and myself. The plea agreement is: I will plead guilty to Count I, Assault on Persons
Engaged in Certain Occupations. The recommended sentence is thirty days in the Sac County
Jail, which will be suspended: with credit for time served. I will be placed on informal
probation to the Sac County Probation Officer for a period of one (1) year from the Judgment
entry date. I will pay a fine in the amount of $315.00. plus the 35% surcharge in the amount
of $110.25, and court costs; to be paid as approved in the Sac County Standard Probation
Agreement. The plea agreement includes the recommendation, by the County Attorney, for
dismissal of the companion complaint SMCRO12751, with court costs assessed to the
defendant.
This plea agreement includes that I will be responsible to pay court costs, payment of all
costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail
time and all surcharges and mandatory punishments (see paragraph B) applicable to my case.
I now state to the Court that I am, in fact GUILTY and that no threats or promises have been
made to induce me to enter my plea of guilty. I have been informed that the elements of the
crime are: Assault is anv act which is intended to cause pain or injury to, or which is
intended to result in physical contact which will be insulting or offensive to another,
with the ability to execute such an act, and the act was committed upon a uniformed
peace officer, while knowing the person was a peace officer.
I understand the nature of the charge against me.
G. This offense was committed by me in Sac County Iowa by my doing the following: I did on
or about the 6 dav of February 2015 at 100 NW State St in Sac Citv lowa unlawfully
and willfully assault Joel Burns, a uniformed peace officer who is employed bv the
Sac Countv Sheriffs Department, while knowing that Joel Burns was a peace officer,
by striking Deputy Burns in the face.
I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights
and I do so freely and voluntarily. No threats have been made against me to obtain this guilty
plea. No promises of leniency or favorable treatment have been made, except for any plea bargain
disclosed to the Court at the time of this guilty plea.
th
H. If the Court accepts my plea of guilty, I realize:

(1). The Court will set a sentencing date not less than fifteen days after the date of its
acceptance ofthis guilty plea unless I waive this right. In order to contest this plea of guilty, I
2
must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to
file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence
today.
(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty,
and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have
the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:
1. In order to contest this 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 less thanfifteendays after the
date of its acceptance of this guilty plea unless I waive this right, and the right to file a
Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this plea of
guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I waive any time to which I may be entitled
for sentencing at a later date.
WAIVER OF RIGHT TO BE PRESENT
I have been fully advised that I have a constitutional right to be present at my sentencing
and present evidence in my own behalf. I understand that it is my choice to be present or not, and
that no one can exclude mefromsentencing.
With the above in mind, and further understanding that my decision whether to be present
or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my
sentencing.
\J
it, Patricia Michelle Horton

STATE OF ~fZjG\<^
) SS
COUNTY
/
On this
day of M o ~ C ^2015 before me the undersigned, a Notary Public in and for said
State, personally appeared
, to me known to be the identical person named
in and who executed the foregoing instrument, and acknowledged that she executed the same of her voluntary act
and deed.
NAZIEH A HAMED
October 28, 2017
E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
SRCR012750
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER
Defendant.
DATE:
March 17, 2015
CHARGE:
Assault on Persons Engaged in Certain Occupations, a serious

misdemeanor, in violation of Iowa Code 708.1 and 708.3A(4)
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 above-described crime 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 $315.00;
(2)
a 35% surcharge of $110.25;
(3)
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
(4)
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. Defendant
shall pay financial obligations by way of a plan of payment
developed by the Sac County Probation Office;
b.
Defendant shall serve thirty (30) days in the county jail. This
sentence is suspended in its entirety. Defendant shall be given
credit for time previously served.
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
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; and
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:
(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 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;
(4)
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 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 sum of $2,000.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants 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 Defendants 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.
7.
IT IS FURTHER ORDERED that Case No. SMCR012751 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

Type:
OTHER ORDER
Case Number
SRCR012750
Case Title
So Ordered
page 4 of 4

SRCR012750 - Nemaha Woman Pleads Guilty To Assault On Persons Engaged in Certain Occupations PDF

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SRCR012750 - Nemaha Woman Pleads Guilty To Assault On Persons Engaged in Certain Occupations PDF

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E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 15-140

Filed with Court Clerk (cc: CA)

Arrest Date: 02/06/2015

Submitted to County Attorney

THE STATE OF IOWA

220 S. 3RD ST.

NOT OF HISPANIC ORIGIN - N

ASSAULT ON PERSONS IN CERTAIN OCCUPATIONS

WILLIAMS ST AND W STATE ST

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY SHERIFF'S OFFICE

SAC COUNTY SHERIFF'S OFFICE

E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT

MANDATORY SUBSTANCE ABUSE EVALUATION:

E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT

Preliminary Hearing is scheduled on 02/23/2015 at 10:00 AM at the Sac Co. Courthouse,

E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-02-06 11:20:08

EN THE IOWA DISTRICT COURT FOR.

STATE OF IOWA or.

Yes, Full Time

Yes, Part Time (List Hours/week:

Who do you work for?

How much money do you currently make before taxes or deductions?

Authorization for Return of C a s h B o n d

The Defendant has been

The Defendant shall appear in court on date:

Driver's License No. and State of Issuance

Copy of this document was provided to the Defendant on

Printed Name and Title of Person Providing Document

Signature of Person Providing Document

01STRIC1 COunT UF IOWA

In support of my application to waive attorney I state:

I know I have a right to be represented by an attorney in this case

E-FILED 2015 FEB 09 10:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Attorney James S. Schall (712) 291-6807, a contract attorney, is appointed.

E-FILED 2015 FEB 09 10:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-02-09 10:25:15

E-FILED 2015 FEB 10 10:51 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 FEB 16 2:26 PM SAC - CLERK OF DISTRICT COURT