E-FILED 2013 AUG 26 10:15 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 27 9:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation JAKE MIKE LANDGRAF Defendant Case No. 02811 OWCR012412

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: OWI 1ST OFFENSE in violation of Section(s) 321J.2(2)(A) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 09/09/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.

/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

Recipient List Case ID : 02811 OWCR012412 - STATE VS JAKE MIKE LANDGRAF Event Cd : E-FILED SUMM 2013 AUG 27 9:33 AM SAC - CLERK OF DISTRICT COURT JAKE MIKE LANDGRAF filed

E-FILED 2013 AUG 30 2:46 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 09 10:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012412 vs. JAKE MIKE LANDGRAF , 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 days.

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E-FILED 2013 SEP 09 10:15 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 09/23/2013 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 Defendant

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E-FILED 2013 SEP 09 10:15 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

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E-FILED 2013 SEP 09 10:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012412 Type: Case Title STATE VS JAKE MIKE LANDGRAF HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-09-09 10:15:05

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012412 Plaintiff, vs. TRIAL INFORMATION JAKE MIKE LANDGRAF, DOB: 11/17/1980 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, Jake Mike Landgraf 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, Jake Mike Landgraf, on or about July 20, 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 SEP 25 7:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012412 Approval of Trial Information Case Title STATE VS JAKE MIKE LANDGRAF

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 2013-09-25 07:19:14

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E-FILED 2013 SEP 24 2:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JAKE MIKE LANDGRAF Defendant. CRIMINAL CAUSE NO. OWCR012412 Attachment to Trial Information Witness List

NAMES OF WITNESSES: AARON SMIDT, TROOPER, Iowa State Highway Patrol, Post 7 ROBERT MONSERRATE OR DESIGNATED CRIMINALIST, CRIMINALIST, Iowa Department of Public Safety, DCI Criminalistics Laboratory

E-FILED 2013 SEP 25 7:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. OWCR012412 Plaintiff, ORDER SET ARRAIGNMENT VS. AND APPROVE BOND JAKE MIKE LANDGRAF, 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 8th day of October 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.

State of Iowa Courts Type: Case Number OWCR012412 ORDER FOR ARRAIGNMENT Case Title STATE VS JAKE MIKE LANDGRAF So Ordered

Electronically signed on 2013-09-25 07:19:14

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E-FILED 2013 SEP 27 4:55 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 27 4:55 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 30 2:35 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JAKE MIKE LANDGRAF , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on September 27, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Reed Reitz. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013, at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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 OWCR012412

ORDER FOR TRIAL

E-FILED 2013 SEP 30 2:35 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY

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E-FILED 2013 SEP 30 2:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012412 Type: Case Title STATE VS JAKE MIKE LANDGRAF ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-09-30 14:34:03

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E-FILED 2013 SEP 30 2:35 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JAKE MIKE LANDGRAF , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on September 27, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Reed Reitz. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013, at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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 OWCR012412

ORDER FOR TRIAL

E-FILED 2013 SEP 30 2:35 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY

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E-FILED 2013 SEP 30 2:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012412 Type: Case Title STATE VS JAKE MIKE LANDGRAF ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-09-30 14:34:03

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E-FILED 2013 OCT 11 8:33 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 8:33 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 8:33 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 8:33 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 8:33 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 10:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, Plaintiff vs. JAKE MIKE LANDGRAF, Defendant

NO. OWCR012412

JUDGMENT AND SENTENCE OWI 1ST

The State appears by Sac County Attorney, Benjamin John Smith. The Defendant appears by his attorney, Reed Reitz. Defendant, having pled guilty, knows of no legal cause why judgment should not now be entered and none appears upon the record. IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted of the charge of Operating While Intoxicated, First Offense, in violation of Iowa Code Section 321J.2 and, pursuant to Iowa Code Section 321J and Section 903.1, it is ORDERED: 1. Defendant shall be confined in the Sac County Jail for a term of 48 hours. Confinement shall be completed no later than February 1, 2014. The Defendant shall receive credit against said sentence for any time served after his arrest. 2. In lieu of the 48-hour jail term, at Defendants expense, the Defendant may complete a 48-Hour Alcohol Education program at DMACC in Carroll, Iowa, or any other location that offers a certified 48-Hour Alcohol Education Program. Proof of completion must be provided to the Court by February 1, 2014. 3. Defendant shall pay a fine of $1250 and the statutory 35% surcharge and the $10.00 D.A.R.E. surcharge. Said fine shall be reduced by $625 upon Defendant providing proof that he obtained a temporary restricted license. 4. Defendant shall enroll in, attend and successfully complete a course for drinking drivers at Defendants expense and file proof thereof. 5. Defendant shall complete substance abuse treatment recommended by a substance abuse evaluation. 6. Given that Defendants license has already been revoked, the Department of Transportation shall not revoke Defendants license pursuant to 321J of the Iowa Code for this conviction. 7. Defendant shall:

E-FILED 2013 OCT 11 10:35 AM SAC - CLERK OF DISTRICT COURT

____ Pay restitution for all costs and fees incurred for legal assistance pursuant to Section 815.9. _X__ Pay court costs. ____ Report to the Sac County Sheriff for fingerprinting within 24 hours. 8. The Defendant is allowed to pay the financial obligations herein in installments of not less than $50.00 per month. The first installment shall be paid on or before December 1, 2013. The Defendant may prepay installments without causing later monthly installments to be treated as past due. All financial obligations owing herein shall be paid on or before July 1, 2014. In determining the sentence imposed in this matter, the Court has considered: _X__The Defendants characteristics _X__The Defendants family and financial circumstances _X__The Defendants criminal record and social history _X__The circumstances of the offense ____ The harm to the victim, the victims family and the community _X__The plea agreement ____ Mitigating circumstances. ____ Other factors: _________________________________________________ Having considered these factors, the Court has determined that the sentence imposed will provide maximum opportunity for the rehabilitation of the Defendant and for the protection of the community from further offenses by the Defendant and others. Defendant is advised of the right to appeal this judgment and sentence and of the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. Defendant is also advised of the necessity to comply with the statutory requirements in filing a notice of appeal. Defendants appearance bond is released, and surety is exonerated. Defendants appeal bond is fixed at $2500.00.

APPROVED AS TO FORM AND CONTENT:

/s/ Jake Mike Landgraf, Defendant

Approved per 10/2/13 emails Benjamin John Smith, Sac County Attorney

/s/ Reed H. Reitz, Defendants Attorney

E-FILED 2013 OCT 11 10:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012412 ORDER FOR DISPOSITION Case Title STATE VS JAKE MIKE LANDGRAF So Ordered

Electronically signed on 2013-10-11 10:35:01

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