OWCR012687 - Marshalltown Man Pleads Guilty To OWI 2nd Offense PDF

E-FILED 2014 OCT 30 11:34 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 NOV 03 9:07 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012687
vs.
TA TOE ,
Defendant.
INITIAL APPEARANCE
OWI
Charges:
01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
Defendant's cash bond shall continue.
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 days
2 Years Prison
And/Or a fine of not less than $1875.00 or more than $6250.00
You will lose your license for a minimum of 365 days and cannot obtain a work permit for
90 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 11/24/2014 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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Sac County Sheriff
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State of Iowa Courts

Case Number
OWCR012687
Type:
Case Title
STATE VS TA TOE
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-11-03 09:16:30
4 of 4
DISTRICT COUKi Ul luW*

' 'SAC"COUNTY
FILED
20IVNOV -3 m 9: 38
Sac
IN THE IOWA DISTRICT COURT FOR

STATE OF IOWA or
COUNTY
____ Criminal
Civil
NO. c^Yffoiainri
Plain tiff/Petitioner,
vs.
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:
y
Name:
T f l ^66/
Home Phone: 6-ff

Street Address:Efn)g
BirtfaPate: f ) L \ / b ~1\ ( ^ 7 5
C
f\l
Phone: 6-f/-75j?
E-mail:.
Aye,
Street/P.O. Box
Apt #
City
State
Pending charges: 0 1 \TT

Do you have a job?
In Jail? Yes No
No Job J-rYesJFull Time
Who do you work for? T P R
Zip
,TKuY*
Yes, Part Time (List Hours/week:
^fg.rrSinTy?
%*>_tf - ' ( s ~ W ^ ^
How much money do you currently make before taxes or deductions?
)
MfeM I
per hour month year
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 Kve with you? _
If a spouse lives with you, how much money does your spouse make? <_________per hour .T_--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:
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 the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date
Signature
Rev. V6/U
E-FILED 2014 NOV 03 4:38 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
TA TOE ,
02811 OWCR012687
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 Daniel Gonnerman (515) 450-1439, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
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E-FILED 2014 NOV 03 4:38 PM SAC - CLERK OF DISTRICT COURT

Case Number
OWCR012687
Type:
Case Title
STATE VS TA TOE
ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,
CASE No. OWCR012687
Plaintiff,
v.
TRIAL INFORMATION
TA TOE,
DOB: 4-7-1973
Defendant.
COUNT 1
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, TA TOE (Defendant) of the crime of OPERATING WHILE
INTOXICATED SECOND OFFENSE, an Aggravated Misdemeanor in violation of
Iowa Code Section 321J.2 committed as follows: On or about October 30, 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: while under the influence of
an alcoholic beverage or drugs or a combination of such substances; or while
having an alcohol concentration of .08 or more as measured in the person's
breath, blood or urine; or while any amount of a controlled substance is present
in the person as measured in the person's blood or urine. Defendant was
convicted of and / or received a deferred judgment for the crime Operating While
Intoxicated, in Marshall County, Iowa, District Court Case No. AGCR078721, on
or about November 2, 2012.
A TRUE INFORMATION
_________________________
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,
CASE No. OWCR012687
Plaintiff,
v.
ATTACHMENT TO TRIAL
TA TOE,
INFORMATION: WITNESS LIST
Defendant.
KRISTAN ERSKINE, Deputy, Sac County Sheriffs Office

MARSHALL COUNTY CLERK OF COURT
MICHAEL M. TATE OR JAMES A. BLESKACEK

Type:
Approval of Trial Information
Case Number
OWCR012687
Case Title
STATE VS TA TOE
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 4 of 4
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
TA TOE ,
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 11/19/2014 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
Case Number
OWCR012687
Case Title
STATE VS TA TOE
So Ordered
page 2 of 2

[iN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
VS.
CASE NO.
0WCR012687
WRITTEN ARRAIGNMENT
AND PLEA OF NOT GUILTY
TA TOE,
Defendant.
COMES NOW the Defendant in the above criminal cause and states under oath:
I am represented by Daniel .1. Gonnerman whose address is 813 S. Carroll Street,
Slater, Iowa, 50244; whose telephone number is 515-450-1439.
".) My current address is 408 N. 14 111 Street. Marshalltown Iowa 50158; My current
telephone number is (641)328-1259.
3 I am 41 years old, having been born on April 7, 1973; I can NOT read and
understand the En g lish lan g ua ge and have completed the following level of
education: O h grade in . 13arma. This written arraignment was translated and
in
b y 1..ah Paw.
4 I have been advised by the above-named attorne y and I understand that I have a
ri g ht to arrai g nment in open court. and I hereby voluntaril y waive that right,
choosing instead to sign this written arrai gnment and plea of not guilty. I
understand that times for further proceedings which arc computed from the date of
arraignment will be computed from the date of this written arrai g nment and plea
of not guilty is filed.
S. I have received a copy of the Information which charges me with the crimes of
COUNT I:
Operating While Intoxicated, Second Offense, in violation of

Section(s) 321.1.2 of the Iowa Code (2013), a serious misdemeanor.
I have read the Information and ! have Mmiliarizeci m yself with its contents.
6. With regard to the name by which I am charged in the Information:
[ X I a The name shown on the Information is m y true name. 1 have been advised
and understand that 1 am now precluded from objectin g to the Information
upon the g round lam improperl y named.
The name shown on the IntOrmation is not my true name. My true name is

.I request that an entry be
made hi the Minutes showin g my true name. I have been advised and
understand further proceedings will be had against me b y that name, the
indictment/information will be amended accordingly, and when the
indictment/information is so amended. I will be precluded from objecting

upon the g round 1 am improperly named.
7. I have been advised and understand that I may plead g uilty, not guilty ; or Ibrmer
conviction or acquittal.
8. For the purpose of this arrai g nment. I have had sufficient time to discuss my case
with the above-named attorney ; and I waive anv further time in which to enter a
plea.
9. I plead NOT CU LT y to the char g e(s) in para g raph 5 above.
10 I have been advised and understand that I have a right, under rule 2.33 of the Iowa
Rules 01 Criminal Procedure ; to a trial within 90 da ys alter the rilin g of the
Information and:
I
. - a.
I
I demand a speedy trial pursuant to rule 2.33(2)(b).
ft I waive my right to a speedy trial pursuant to rule 2.33(2)(b).
TA TOE, De ft:41(1am
ST AT 1 OF IOWA
SS:
STORY COUNTY
Subscribed ; sworn to and acknowledged beibre me LW TA '10 F. this
November, 2014.
Nolan.. Pt'
I,
da y of
Ai
-07401
UANIEL J. GONNERMAN
COMMISSION 1/ 172581
EXPIRES
MYfOMM/$_$jON
,t
2-5-- 1--t t 5
IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
TA TOE ,

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on November 19, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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 01/27/2015 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

Case Number
OWCR012687
Type:
Case Title
STATE VS TA TOE
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 DEC 23 11:02 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff,
vs.
TA TOE,
Defendant.
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CASE NO.
OWCR012687
REQUEST FOR PRODUCTION AND DISCLOSURE
COMES NOW the Defendant, TA TOE, by counsel, pursuant to Rule 2.14, Iowa Rules of
Criminal Procedure, and respectfully states the following are necessary for trial preparation and
hereby respectfully requests the State be required to produce and allow the Defendant to inspect,
copy, or photograph or, where appropriate, subject to scientific tests the following items:
1. Any written or recorded statement made by the Defendant or any prosecution witness,
within the possession, custody or control of the State.
2. The substance of any oral statement by the Defendant, including any voice recordings.
3. A copy of the prior criminal record of the Defendant.
4. A copy of the certified prior driving record of the Defendant.
5. A copy of the transcript or record of testimony of the Defendant before a grand jury,
whether or not the State intends to offer the same into evidence.
6. Any written or recorded statement of a co-defendant which the State intends to offer in
evidence at the trial and the substance of any oral statement which the State intends to
offer in evidence at the trial made by a co-defendant, whether before or after arrest, in
response to interrogation by any person known to the co-defendant to be a State agent.
7. Any items seized by the State in connection with the alleged crime, and any books,
papers, documents, statements, photographs, or tangible objects which are within the
possession, custody or control of the State and which are in any manner material to the
preparation of the movants defense, or are intended for the use by the State as evidence
at the trial, or were obtained from or belong to the Defendant.
8. All information, of whatever form, source or nature, which tends to exculpate the
Defendant, either through an indication of innocence or through the potential
impeachment of any of the States witnesses, and all information which may be or may
become of benefit to the Defendant in preparing for or presenting the merits of the
defense of innocence at trial. This request includes all facts and information of whatever
source or nature which the State, its agents, representatives, or cooperating investigating
agencies has in its possession or has access to which is or may be calculated to become of
benefit to Defendant either on the merits of the case or on the question of credibility of
witnesses. This includes all statements or admission of whatever form by any alleged coparticipants or conspirators which tend to exculpate the Defendant or which do not
inculpate the Defendant.
9. Any results or reports of physical or mental examinations.
10. Any results of scientific tests or experiments made in connection with the particular case.
11. All raw data of any nature used to compile or reach the results of any physical or mental
examination or scientific tests or experiments, made in connection with this particular
case, and any other raw data available or utilized by any agent or representative of the
State.
12. Any and all police incident, investigatory, or other reports pertaining to the within charge
prepared by any law enforcement officers, their representatives or agents.
13. All officers notes used or made in connection with police incident, investigatory or other
reports prepared by any law enforcement officers, their representatives or agents.
14. Any documentation pertaining to any purported waiver by Defendant of Miranda Rights.
15. The content of any agreement between the State and any witnesses, any co-defendant or
other person, including but not limited to confidential informants, which involves a plea
bargain or agreement between the State and such witness or other person, including,
without limitation, an agreement by the State to dismiss, reduce, or not file any charge
against such witness or other person, wherein such agreement is related to the incident out
of which the Defendants charge arose.
16. The names and addresses of all confidential informants used in connection with the
investigation of the Defendant, whether or not said confidential informants actually met
with the Defendant.
17. The names and addresses of all States witnesses now known or those whom the State
may later identify.
18. Any and all search warrant documents prepared in connection with this case.
19. Any and all arrest warrant documents prepared in connection with this case.
20. The names and addresses of any co-participants, whether or not mentioned in the County
Attorneys Information and Minutes of Testimony, known to the State, its agents or
representatives, and their statements, if taken, and if no written statements were obtained,
the investigating officers interview report relating to any co-participants statements and
activities.
21. Tape recordings or transcripts of such recordings of any and all police radio transmissions
concerning the charges against the Defendant.
22. Videotape recordings of the arrest of the Defendant.
23. Videotape recordings of the processing of the Defendant at the County Jail.
24. Any and all other videotape recordings relating to the crimes charged in the Trial
Information.
25. All items of physical evidence seized by the State in connection with the alleged crime,
and for each item state:
a. The time, date and exact location from which each item of physical evidence was
obtained;
b. The name and address of each person who obtained the evidence;
c. The manner of seizure of each item, whether by consent, search warrant, or otherwise.
d. All results and reports of scientific or laboratory results and experiments made in
connection with each item of physical evidence.
e. Dates and times for defense counsel to inspect and copy all items of physical
evidence.
26. If fingerprints were examined by the State, the following information should be provided:
a. The location where each latent print was found;
b. The person by whom each was obtained;
c. The date and time when each print was obtained;
d. The number of points for each latent print, if a positive comparison was made.
e. The reason why positive comparison could not be made for each latent print and a
statement of whether each latent print was identifiable or not;
f. The name of all persons other than the Defendant whose known prints were compared
to latent prints in this case.
27. These requests are continuing in nature.
WHEREFORE, the Defendant, TA TOE, by counsel, respectfully requests the Court enter an
order such that the State be required to produce and allow the Defendant to inspect, copy, or
photograph or, where appropriate, subject to scientific tests each of the above items. The State is
requested to file any resistance to this request in the form of written objection or contest. Until
such time as the State elects to resist all or part of this request, the Defendant does not seek
hearing on this request.
Respectfully submitted,
TA TOE, Defendant
By:
/s/ Daniel J. Gonnerman

DANIEL J. GONNERMAN
813 S. Carroll Street
Slater, Iowa 50244
Email: djg@icsmail.net
Telephone: 515-450-1439
ATTORNEY FOR DEFENDANT
AT0002817
E-FILED 2015 JAN 07 8:39 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
TA TOE,
Case No. OWCR012687

REPORT OF PRETRIAL
CONFERENCE
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 6, 2015, 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, Daniel Gonnerman. 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, OWI
Second Offense, and the State has agreed to recommend the following to the
Court: 1) that defendant pay the minimum fine; 2) that defendant serve a
minimum of seven days in jail with the remainder suspended; 3) that defendant
be placed on informal probation with the Sac County Probation Office; and 4)
that defendant be allowed to serve his jail sentence in Marshall County, in 48hour increments, and be allowed to participate in any authorized work-release
program.
Defendant intends to submit a written guilty plea by January 21, 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 OWCR012687
Plaintiff,
vs.
ORDER
TA TOE ,
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 01/21/2015 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
OWCR012687
Type:
Case Title
STATE VS TA TOE
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 JAN 15 2:38 PM SAC - CLERK OF DISTRICT COURT

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STATE OF IOWA,
Plaintiff,
vs.
TA TOE,
Defendant.
CASE NO.
OWCR012687
APPLICATION TO FILE FEE CLAIM IN

EXCESS OF GUIDELINES FOR COURT
APPOINTED COUNSEL
COMES NOW the undersigned attorney, pursuant to and as required by section 815.10A(3),
Iowa Code (2013), and hereby makes his Application for permission to file a fee claim in excess
of the guidelines set forth in Iowa Administrative Rules 493 Chapters 11, 12 and 13, as
authorized by Section 13B.4, Iowa Code (2013), and in support of this Application respectfully
states:
1. That a Trial Information was filed charging the Defendant with the following offense, to
which the Defendant has entered a plea of Not Guilty:
COUNT I:
Operating While Intoxicated, 2nd Offense, in violation of sections

321J.2 of the Iowa Code (2013), a Serous Misdemeanor;
2. That the Defendant has previously been found to be indigent and eligible for court appointed
counsel and the undersigned was appointed.
3. That, pursuant to section 815.10A(3)(b), Iowa Code, the undersigned has advised the
indigent person of this Application and the potential for reimbursement of the attorney fees
pursuant to section 815.9, Iowa Code.
4. That pursuant to section 493-12.6(1), Iowa Administrative Code, the following limit shall be
applied to this type of proceeding:
Aggravated misdemeanors
$1200.00
5. That this Application is made with the understanding that the ultimate determination of the
reasonableness of the fee claim remains within the discretion of the reviewing judge.
6. That the anticipated services are necessary and reasonable in the professional judgment of the
undersigned.
7. That it is in the interest of justice and judicial economy for the Court to enter an Order
granting the request set forth herein.
WHEREFORE, the undersigned respectfully requests the Court enter an order granting
permission to file a fee claim in excess of the fee Guidelines on grounds of a previous finding
that defendant is indigent and the fact that more fees and expenses will be expended to defend
this case at the expected trial.
Respectfully submitted,
TA TOE, Defendant
By:
/s/ Daniel J. Gonnerman

DANIEL J. GONNERMAN
813 S. Carroll Street
Slater, Iowa 50244
Email: djg@icsmail.net
Telephone: 515-450-1439
ATTORNEY FOR DEFENDANT
AT00002817
STATE OF IOWA,
Plaintiff,
vs.
TA TOE,
Defendant.
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| ORDER
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OWCR012687
The court is in receipt of Attorney Gonnermans Application To File Fee Claim In Excess
Of Guidelines For Court Appointed Counsel. Having carefully reviewed the merits of the
Application and the reasons cited by counsel, the Court finds the Application should be
granted.
IT IS, THEREFORE, ORDERED that counsel for Defendant may file his fee claim for an
amount which is in excess of the guidelines for court appointed counsel set by Iowa
Administrative Rules 493 Chapters 11, 12 and 13. The ultimate fees paid to counsel for
Defendant are subject to review by the Office of the State Public Defender and by this
Court as may be appropriate in the premises and as provided by law.

Type:
OTHER ORDER
Case Number
OWCR012687
Case Title
STATE VS TA TOE
So Ordered
page 2 of 2

STATE OF IOWA,
*
No. OWCR012687
Plaintiff,
0 / 1
*
vs.
TA TOE,
DOB: 04/07/1973,
Defendant.
*
*
GUILTY PLEA AGGRAVATED MISDEMEANORCount I-OWI 2 Offense

nd
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fôc
ro
COUNT I
COMES NOW the Defendant in the above action and states that I have been charged
with OPERATING A M O T O R V E H I C L E W H I L E INTOXICATED - 2 OFFENSE, an
Aggravated Misdemeanor, in violation of Iowa Code Section 321J.2, and I hereby request that
my plea of guilty to the charge be entered of record.
N D
In support of my guilty plea, I state that I fully understand and have been advised by my
attorney ofthe following rights:
That I have the right to proceed with a plea of not guilty and compel the State of Iowa to prove
my guilt to the unanimous satisfaction of a twelve-person jury in a speedy and public trial;
That I have the right to remain silent and could not be fprced-to testify or incriminate myself in
any manner; and that if I exercised my right to remain silent; this could not be used-against me
and the State would be prohibited from 'commenting on my silence; '" -''
That I have the right to be represented by an attorney throughout the entire trial, and if I am
unable to afford an attorney, the Court would appoint one to represent me at public expense;
That I have the right to cross-examine all witnesses against me and to present evidence, if any,
on my own behalf;
That I am presumed innocent until the State proves, if ever, that I am guilty beyond a reasonable
doubt; and
That I have the right to subpoena witnesses to appear and testify on my behalf.
I have also been advised that the above-stated offense is an Aggravated Misdemeanor which
carries a maximum penalty of imprisonment not to exceed two (2) years or a $6,250 fine with
surcharges of 35% and $10.00 DARE thereon or both; I understand there is a seven (7) day
minimum jail sentence; I further understand that the minimum fine is $1,875 plus surcharges of
35% and $10.00; and that I may be required to make restitution of pecuniary damages to any
victim of this crime and of court-appointed attorney fee's;'..if any, and pay the court cost's. Imay
be-required :to attend substance abuse treatment or êducation classes. In addition, I may .be
required to pay correctional fees for incarceration and enrollment fees for supervised probation.
s
3>
I have been informed that there may be effects to my license including suspension, revocations
and barments because of this plea. I have likewise been informed that other sentencing options
may be available to the Court, including but not limited to the deferral of Judgment and
Sentence, the grant of probation and the suspension of sentence imposed.
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: that I operated a motor vehicle (1) while under the influence of an alcoholic
beverage or other drug or a combination of such substances; or (2) while having an alcohol
concentration of .08 or more; or (3) while any amount of a controlled substance is present
in my person as measured in my blood or urine. And that I have a prior conviction ofthe
crime, Operating While Intoxicated. I understand the nature of the charge against me.
This offense was committed by me in Sac County Iowa by my doing the following: I did on
or about October 30, 2014 unlawfully operate a motor vehicle while under the influence
of alcohol and was intoxicated at the time when I was driving and did have a blood
alcohol concentration of .229 (BAC): and 1 was convicted of the crime Operating While
Intoxicated in Marshall County Iowa in Marshall County Iowa District Court, case
#AGCR078721. on November 2. 2012.
There is a factual basis for my plea of guilty and there is no reason why I should not plead guilty.
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
agreement disclosed to the Court at the time this Guilty Plea is offered for approval in Court.
I have been advised of my rights as set forth in Count I of this plea.
The plea agreement is: The recommended sentence will be 364 days in the Sac County
Jail. Defendant will serve the minimum seven (7) day jail sentence with the remainder
suspended, and be given credit for time previously served in the amount of twenty (20) hours
and forty-five (45) minutes. Defendant requests to be allowed to serve jail sentence in the
Marshall County Iowa Jail, in 48 hour increments and be allowed to participate in any
authorized work-release program. I will be placed on informal probation to the Sac County
Probation Officer for a period of one year from the Judgment entry date. I will pav a fine of
$1,875.00. plus a 35% surcharge in the amount of $656.25. a $10.00 DARE surcharge, court
costs, and court appointed attorney fees: to be paid as approved in the Sac County Standard
Probation Agreement. I will follow and complete the recommendation of completion ofthe
12 hour Drinking-Driver Course recommended in the Substance Abuse Evaluation I obtained
on November 17, 2014. I understand that if my license to drive has not already been revoked
for this offense, the Iowa Department of Transportation will revoke my driver's license
pursuant to Iowa Code Chapter 321J for the statutory period.
In admitting guilt, I understand that any plea-bargain agreements with the prosecutor are not
binding on the Court.
I have been advised that I have the right to have a future date set for pronouncing
judgment and sentence, which cannot be less than fifteen (15) days after the guilty plea is
entered, unless I consent to a shorter time. I understand that any challenge to the guilty plea or
alleged defects in the plea proceedings must be raised by a Motion in Arrest of Judgment filed no
later than forty-five (45) days after the date my pleas is accepted but not less than five (5) days
before the date set for pronouncing judgment, and that failure to raise such challenge shall
preclude the right to assert them in this Court or on appeal to another Court. I understand that by
proceeding directly to sentencing I waive any right I may have to file a Motion in Arrest Of
Judgment. This means I will be forever precluded from challenging the guilty plea or any
defects in the plea proceedings.
Based on the foregoing, I hereby waive all my legal and trial rights. I request that my
guilty plea be accepted and entered on record.
I request sentencing and judgment be pronounced now.
toe
K<K
Defendant. Ta Toe
Dere'^ûnj'Attorney, Daniel J. Gonnerman
STATE OF IOWA
)
SS
SAC COUNTY
On this
of ^ f c ^ K v ^ * ^
, 2015, before my the undersigned, a Notary Public in and for
said State, personally appeared
Tc^ T J ^
,
to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that
he executed the same of his voluntary act and deed.
c in and for the State of Iowa

UANicL J. GONNERMAN
COMMISSION # 172581
MY COMMISSIQQEXPIQgS

STATE OF IOWA,
OWCR012687
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER
TA TOE,
Defendant.
CHARGE:
Operating While Intoxicated, Second Offense, an aggravated

misdemeanor, in violation of Iowa Code 321J.2
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 crime of Operating While
Intoxicated, Second 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 $1,875.00;
(2)
a 35% surcharge of $656.25;
(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, including court-appointed

attorney fees as certified by Mr. Gonnerman. The Court
finds through information provided by the parties, the
Defendant is reasonably able to pay this expense.
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 to be developed by
his probation officer.
b.
Defendant shall serve 364 days in the county jail, with all but seven
(7) 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 April 30, 2015. The
7-day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule. The Defendant may
serve this sentence in the custody of the Marshall County Sheriff.
The Defendant may participate in any work release program
facilitated by the Sheriff of either Sac or Marshall County. If
Defendant does not serve the jail sentence by that date, in addition
to Defendant being subject to contempt of court or probation
revocation proceedings, upon written request from the Sheriff, the
Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order. In that event, Defendants sentence
shall be served continuously and not in 48-hour installments.
In compliance with Iowa Code Section 356.7 (2011),
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;
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 is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and
(4)
Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;
d.
Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and
e.
Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.
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 $5,000.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
Sac County Sheriff
Marshall County Sheriff (fyi)
Iowa Department of Transportation

Type:
OTHER ORDER
Case Number
OWCR012687
Case Title
STATE VS TA TOE
So Ordered
page 5 of 5

OWCR012687 - Marshalltown Man Pleads Guilty To OWI 2nd Offense PDF

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E-FILED 2014 OCT 30 11:34 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 03 9:07 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 03 9:16 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 NOV 03 9:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 03 9:16 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

E-FILED 2014 NOV 03 9:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-11-03 09:16:30

DISTRICT COUKi Ul luW*

IN THE IOWA DISTRICT COURT FOR

Home Phone: 6-ff

Pending charges: 0 1 \TT

No Job J-rYesJFull Time

Who do you work for? T P R

Yes, Part Time (List Hours/week:

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

per hour month year

E-FILED 2014 NOV 03 4:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Attorney Daniel Gonnerman (515) 450-1439, a contract attorney, is appointed.

E-FILED 2014 NOV 03 4:38 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-11-03 16:38:05

E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CASE No. OWCR012687

E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CASE No. OWCR012687

INFORMATION: WITNESS LIST

KRISTAN ERSKINE, Deputy, Sac County Sheriffs Office

E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Approval of Trial Information

Electronically signed on 2014-11-07 08:47:43

E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 OWCR012687

Clerk to provide notice or copies to:

E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

ORDER FOR ARRAIGNMENT

Electronically signed on 2014-11-07 08:47:43

[iN THE IOWA DISTRICT COURT FOR SAC COUNTY

Operating While Intoxicated, Second Offense, in violation of

E-FILED 2014 NOV 19 8:45 AM SAC - CLERK OF DISTRICT COURT

indictment/information is so amended. I will be precluded from objecting

I demand a speedy trial pursuant to rule 2.33(2)(b).

ft I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

E-FILED 2014 NOV 19 8:52 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 OWCR012687

E-FILED 2014 NOV 19 8:52 AM SAC - CLERK OF DISTRICT COURT

Clerk to provide copies to:

E-FILED 2014 NOV 19 8:52 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-11-19 08:52:10

E-FILED 2014 DEC 23 11:02 AM SAC - CLERK OF DISTRICT COURT