Lake View Man Pleads Guilty To OWI 1st Offense

E-FILED 2014 MAR 06 2:14 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

BRANDON MICHAEL PUDENZ ,
Defendant.
Defendant's Correct Address: 319 Adams St.,
Lake View, IA 51450

Case No: 02811 OWCR012511

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 $1,250.00 or more than $1,875.00 plus 35% surcharge and
court costs
You will lose your license for a minimum of 180 days and cannot obtain a work permit for
0 days.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.

5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
(1) You must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
(3) You must obey the laws of the State of Iowa and the United States.
(4) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on 03/31/2014 at 9:00 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
2 of 4
Sac County Sheriff
3 of 4
State of Iowa Courts
Case Number Case Title
OWCR012511 STATE VS BRANDON MICHAEL PUDENZ
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-03-06 15:03:11
4 of 4
STATE OF IOWA,
PLAINTIFF
VS.
BRANDON M. PUDENZ
)
)
)
)
)
)
APPEARANCE AND PLEA OF NOT GUILTY

COMES NOW the Defendant and for his Appearance and Plea of Not Guilty states as
follows:
1. The undersigned attorney hereby enters his appearance on behalf of the
Defendant, Brandon M. Pudenz.
2. The Defendant, Brandon M. Pudenz, hereby enters his plea of not guilty to the
charge of OWI, First Offense.

Respectfully submitted,
McCULLOUGH LAW FIRM
701 West Main Street
PO Box 428
Sac City IA 50583
712-662-4751
mclaw@prairieinet.net

By:____________________________________
Colin J. McCullough

Original Filed.

Copy to:
County Attorney

E-FILED 2014 MAR 11 9:54 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
PLAINTIFF
VS.
BRANDON M. PUDENZ
)
)
)
)
)
)
APPEARANCE AND PLEA OF NOT GUILTY

COMES NOW the Defendant and for his Appearance and Plea of Not Guilty states as
follows:
1. The undersigned attorney hereby enters his appearance on behalf of the
Defendant, Brandon M. Pudenz.
2. The Defendant, Brandon M. Pudenz, hereby enters his plea of not guilty to the
charge of OWI, First Offense.

Respectfully submitted,
McCULLOUGH LAW FIRM
701 West Main Street
PO Box 428
Sac City IA 50583
712-662-4751
mclaw@prairieinet.net

By:____________________________________
Colin J. McCullough

Original Filed.

Copy to:
County Attorney

1
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012511
Plaintiff,
vs.
TRIAL INFORMATION
BRANDON MICHAEL PUDENZ,
DOB: 10/15/1986
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, Brandon Michael
Pudenz 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, Brandon Michael Pudenz, on or about March 6, 2014 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
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
2
THE STATE OF IOWA vs. BRANDON MICHAEL PUDENZ
Criminal No. OWCR012511
COUNT I: Operating While Intoxicated, First Offense
NAMES OF WITNESSES:
ROYCE KEMMANN, OFFICER, LAKE VIEW POLICE DEPARTMENT
MICHAEL M. TATE, JAMES A. BLESKACEK, OF DESIGNATED CRIMINALIST,CRIMINALIST, IOWA
DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICS
LABORATORY
Type: Approval of Trial Information
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-03-27 10:54:42 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 04/02/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 25, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 05/21/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 06/24/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

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

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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
BRANDON MICHAEL PUDENZ,
Defendant.
Case No. OWCR012511
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On MAY 21, 2014, the parties conducted a Pretrial Conference as ordered or in
anticipation of the same. The State of Iowa was / is represented by Sac County
Attorney Ben Smith. The Defendant was / is represented by Attorney Colin
McCullough.
The parties, through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows: The
defendant has agreed to plead guilty, pay the minimum fine, serve a 30-day jail
sentence with all but two days suspended, and be placed on informal probation.
In return, the State has agreed to recommended the foregoing terms and
conditions to the Court at the time of sentencing and has agreed it should be
forever barred from filing / prosecuting a criminal charge against defendant for
violating Iowa Code Section 724.4 (carrying a weapon without a permit) on the
same facts and circumstances at issue in the OWI case. Defendant intends to
submit a written guilty plea by June 18, 2014. Defendant intends to waive
presence at sentencing. Defendant intends to waive time between plea and
sentencing.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 MAY 27 12:38 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 OWCR012511

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 06/18/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

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Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 JUN 12 12:43 PM SAC - CLERK OF DISTRICT COURT
THE !OWA D!STR!CT COURT FOR SAC COUNTY

STATE OF !OWA, )
) CR!N. NO. OWCR012511
Plaintiff, )
) ORDER ACCEPT!NG PLEA
vs. ) AND JUDGNENT ENTRY
)
BRANDON N!CHAEL PUDENZ, ) Charge - OW!, First Offense
) Section - 321J.2, !owa Code
Defendant. )

NOW on the 16
th
day of June, 201+, the defendant submits his verified written Plea of
Guilty. The defendant is charged with Operating While !ntoxicated, in violation of Section 321J.2
of the !owa Code. The State appears by Sac County Attorney, Ben Smith. The Defendant
waives his personal appearance and appears by counsel, Colin NcCullough.
The written plea of guilty shows that the defendant's plea is voluntary, being freely and
intelligently made, with an understanding of the charge, with knowledge of the penal
consequences of the plea, with full knowledge of his constitutional rights, and that said rights
are waived by a plea of guilty, without any threats, improper inducements or persuasion, and
the Court finds there is a factual basis for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of his rights
contemplated in the cases of State v. Sisco, 169 N.W.2d 5+2; Brainard v. State, 222 N.W.2d
711; and State v. Reaves, 25+ N.W.2d +88, all as shown in the defendant's written plea of
guilty, which plea is made a part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
The defendant indicates his understanding of his right to additional time and the right to
file a Notion in Arrest of Judgment and the necessity of doing so at least five days prior to the
date set for sentencing and indicates his voluntary waiver of those rights and his desire to
proceed immediately to sentencing. The Court, finding the defendant's waivers are voluntary
and made with an understanding of his rights, accepts the waivers and proceeds to entry of
judgment. The defendant's counsel indicates he knows of no legal cause why judgment and
sentence should not be pronounced.
The Defendant is adjudged guilty of the offense of Operating While !ntoxicated, First
Offense, in violation of !owa Code Section 321J.2.
The Defendant is sentenced to be incarcerated in the Sac County Jail for a period of 30
days, with credit for time served, if any, as certified by the Sheriff. All but the first +8 hours of
E-FILED 2014 JUN 16 11:33 AM SAC - CLERK OF DISTRICT COURT
this sentence is suspended and the Defendant is placed on probation to the Sac County
Probation Office for a term of one year. The Defendant shall have this sentence served in full by
September 16, 201+. Defendant is eligible for the work release program facilitated by the
Sheriff and the Defendant may receive credit for this +8-hour sentence by completing the +8-
hour Weekend Alcohol Program.
The Defendant is further sentenced to pay a fine in the sum of $1,250.00, plus a 35
surcharge, a $10.00 D.A.R.E. surcharge, the court costs of this action, including correctional fees as
certified by the Sheriff. !n the even Defendant obtains a temporary restricted license, half of the
fine and corresponding surcharge will be waived.
Defendant shall pay these financial obligations to the Clerk of Court of this county or online
at www.iowacourts.gov. Defendant shall make payments according to a plan of payment developed
by the Sac County Probation Office.
The Defendant is further ordered to attend and successfully complete a course for
Drinking Drivers facilitated by the area community college or substance abuse treatment agency.
The Defendant is ordered to file proof of completion of the course for Drinking Drivers to the
Clerk of Court on or before September 16, 201+.
Defendant shall comply with any other recommendations outlined in the substance abuse
evaluation.
Any bond money previously posted is released and exonerated.
Appeal bond is set in the sum of $1,000.00.

COP!ES TO:
County Attorney
Defense Counsel
Sac County Sheriff
!owa D.O.T.
Sac County Probation Office
Type: OTHER ORDER
So Ordered

Lake View Man Pleads Guilty To OWI 1st Offense

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E-FILED 2014 MAR 06 2:14 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

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