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INITIAL APPEARANCE
OWI
Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
Defendant must post a cash bond of $1,000.
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 $1250 or more than $ 1875+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 at : AM at the .
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
Sac County Sheriff
2 of 3
Case Title
ST VS ISREAL DOMINQUEZ
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
TRIAL INFORMATION
ISRAEL DOMINGUEZ,
DOB: 02/17/1973
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, Israel Dominguez 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, Israel Dominguez, on or about August 17, 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
Prosecuting Attorney
NAMES OF WITNESSES:
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
Case Number
OWCR012626
Case Title
STATE VS ISRAEL DOMINGUEZ
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
2Clu.seP2- AM 10= 56
IN THE IOWA DISTRICT COURT FOR
Sac
COUNTY
7^ Criminal
STATE OF IOWA or
PlatatifiTPetitioner,
NO.
Civil
ttiXlf)M?k
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
/Name:
15 f
fl.Rl
0 (1 K\ rQ ft TZT
Cell Phone:
Home Phone:
Street Address: g 5 8 .
Pending charges:
Do you have ajob?
faOdlZh'W&^C)
3 3 T7-D /> V l l
Street/P.O.Box
Q u<X
r^v\
No Job
A ~T\
<-OT f Y T
Apt#
O
Birth Date:
OS - ] 1 ~ I *CC!>
E-mail:
C o L U t t S O * : k)
Chy
State
&8kh)
Zip
In Jail? Yes ^ No
O s r f ^ n bb\r\OP\
IfhOQ
How much money have you made in the last 12 months from any source, before taxes or deductions? 1 ^ Q Of) vjp-z.
How manyfemilymembers are supported by or Hve with you? - 5 '
If a spouse lives with you, how much money does your spouse make?
List all other.money you, or anyone else living in your household, has coming in:
r\ Q> n Q_
List what you owa including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
I V r Z U e -2. C2.V n n
p ? u ^ ^ n\r
v? T ^ M
-rec\\r
-Zr\o\
/v\^
KAlee V i \ ^
pr.^ r.KBrW
'
List
support, or any other debts:
ist amounts
amounts you
you pay
pay monthly
monthiy for
tor mortgages,
mortgages, rent,
rent, car
car loans,
loans, credit
credit cards,"
cards,"child
c
"Ti -
\a..
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. Lpromise under penalty of perjury that the statements I make in^tbis application are true
and that I am unable to pay/for.an attorney to represent me.
Date
f>P f - lM
Signature
Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
ISRAEL DOMINGUEZ ,
02811 OWCR012626
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.
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Case Title
STATE VS ISRAEL DOMINGUEZ
ORDER APPOINTING
So Ordered
2 of 2
)
)
OWCR012626
)
) MOTION FOR LEAVE
) TO WITHDRAW
______________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:
1. His client has now retained private counsel.
WHEREFORE, the undersigned reaquests leave to withdraw as counsel in this
matter.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net
STATE OF IOWA,
PLAINTIFF,
vs.
ISRAEL DOMINGUEZ ,
DEFENDANT.
Upon the application of Charles Schulte. Due to another attorney filing their appearance in
this matter, good cause for the requested withdrawal exists.
IT IS, THERFORE, THE ORDER OF THE COURT as follows:
The motion to withdraw is granted, and Charles Schulte shall have no further responsibility in
this case.
1 of 2
Case Title
STATE VS ISRAEL DOMINGUEZ
OTHER ORDER
So Ordered
2 of 2
Defendant.
The defendant having filed a written arraignment in this matter on September 29, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 11/19/2014 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 12/09/2014 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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2 of 3
Case Title
STATE VS ISRAEL DOMINGUEZ
ORDER SETTING TRIAL
So Ordered
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Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
ISRAEL DOMINGUEZ,
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On October 21, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Guy Weinstein. 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 to count one and pay all minimum
fines, costs, and fees, and the State has agreed to recommend that Defendant
receive a 30-day jail sentence with all but two days suspended and be placed on
informal probation.
Additionally, Defendant intends to submit a written guilty plea by
November 18, 2014. Defendant intends to waive presence at sentencing and
the 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 OWCR012626
Plaintiff,
vs.
ORDER
ISRAEL DOMINGUEZ ,
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 either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 11/19/2014 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.
1 of 2
Case Title
STATE VS ISRAEL DOMINGUEZ
OTHER ORDER
So Ordered
2 of 2
Date: 11/12/2014
IN THE IOWA DISTRICT COURT FOR BOONE COUNTY
State of Iowa
Plaintiff
OWCR012626
No.
vs.
ISRAEL DOMINGUEZ
Defendant
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
ISRAEL DOMINGUEZ ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before November 24, 2014. If any objection is filed on or
before November 24, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before November 24, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS ISRAEL DOMINGUEZ
OTHER ORDER
So Ordered
2 of 2
OWCR012626
Plaintiff,
v.
ISRAEL DOMINGUEZ,
Defendant.
CHARGE(S):
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(s) 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(s) is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
(5)
the court costs of this action.
Defendant shall serve thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by January 7, 2015.
(2)
(3)
(4)
d.
e.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
OTHER ORDER
Case Number
OWCR012626
Case Title
STATE VS ISRAEL DOMINGUEZ
So Ordered
page 5 of 5
ISRAEL DOMINGUEZ,
Defendant.
)
)
)
)
)
)
)
)
COMES NOW, Israel Dominguez, Defendant in the above captioned case, by and
through his attorney Guy Weinstein, and hereby respectfully moves this Court to extend the jail
sentence completion date 30 days from the current completion date of January 7, 2015. In
support of this motion, counsel for Defendant states as follows:
1. Defendant cannot enroll and complete the Prairie Ridge Intoxicated Driver Education
Jail Diversion Program (PRIDE), as the next possible class does not begin until
January 9, 2015.
WHEREFORE, Defendant requests an extension of the jail sentence completion date.
Respectfully Submitted,
BY:
/s/Guy Weinstein
Guy Weinstein, AT0012416
Kasaby &Nicholls, LLC
The Empire State Building
308 S. 19th Street
Omaha, Nebraska 68102
Ph: 402-884-0700
Fx: 402- 614-5926
E-mail: Guy@kasaby.com
Attorney for Defendant
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
MOTION TO EXTEND JAIL SENTENCE COMPLETION DATE was forwarded to the
following named individual by electronic e-filing on November 21, 2014.
ISRAEL DOMINGUEZ,
Defendant.
)
)
)
)
)
)
)
)
This matter came before the Court on the Defendants Motion to Extend Jail Sentence
Completion Date. For good cause shown, the Court finds this matter should be extended 30
days.
IT IS THEREFORE ORDERED, Defendant has until February 6, 2015 to complete his
jail sentence requirement.
OTHER ORDER
Case Number
OWCR012626
Case Title
STATE VS ISRAEL DOMINGUEZ
So Ordered
page 2 of 2