E-FILED 2014 NOV 04 3:18 PM SAC - CLERK OF DISTRICT COURT

DISTRICT COUK i OF IOWA

" SAC COUNTY
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MAGISTRATE DIVISION

^'

201 MOV ~U PM 3 5U

STATE OF IOWA,

MAGISTRATE NO. H .iXjRlM^US 0

Plaintiff
vs.

INITIAL APPEARANCE
OWI
Defendant
On this
day of
the Defendant herein appears before the
undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While
Intoxicated 3 V" offense, being a violation of Section "3<H S
of the Code of Iowa.
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 of Section

Felony - Class
^ _ Aggravated Misdemeanor
K
Serious Misdemeanor

, which is classified as:

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
a)
One Year County Jail - Minimum CA days
c)
d)

*ijL
^

And/Or a fine of not less than $ use

or more than $
You will lose your license for a minimum of
days and cannot obtain
a work permit for 0 " days.

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)
^s 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/serious misdemeanor; or
(b)
"K
(If appropriate) Upon consideration of the factors in Section 811.2, Hit Court ijTiot
rea&uuably uasnrcd that juu nill-appear ai all court piuttcdings in the future niid tlititfun; tile
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 riot 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) 7325136) 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 P.O. Box 368. Sac City, IA 50583. YOU
A R E NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO
C O M P L Y W I L L RESULT IN ISSUANCE OF A N ARREST WARRANT AND
REVOCATION OF YOUR PRETRIAL RELEASE.

<>

6. Defendant is entitled to a preliminary hearing unless waived, which bearing 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:
'IL

Set for the 3 H ^

day of A j O U ^ W ^ J , 2 0 j j at f 0} ^
Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

A . M . in 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 H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS
F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, T H E SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.)
'/ "
Warren L. Bush
Copies to:

<J3
U^Sac Countyi Sheriff

ti \ -, 22 - - ' ^ \

Judicial Magistrate

DISTRICT COURT OF 1 0 ^
SAC COUNT Y
FILED

NOV 13 PH 12-. U2
Sac

IN THE IOWA DISTRICT COURT FOR.

STATE OF IOWA or

Plamtifl/Petitioner,
V S

'

JX

>

f<~vL* I V l J i
VAJLyyl \ \ A A - T C
DefendaiJrfyRespondent.

C i v a

^ \ lY

N f l

)
y
)

>

COUNTY

l^VoTO

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:

I f O ^

Home Phone:

Birth Date: \ / 5 U g C |
Cell Phone: ~^\"C"^TQ0~B)\&>

E-mail:

Street Address:
Street/P.O.Box

Apt#

City-

State
J

Pending charges: Q i j f O ^ X .
D o you have a job?

N o Job

In a i
^ T Y e s , Full Time

1?

Zip
a

Y e s

Yes, Part Time (List Hours/week:

Who do you work for?

How much money do you currently make before taxes or deductions?^"?, 5>0

per

hour month year

How much money have you made in the last 12 monthsfromany source, before taxes or deductions?
How many family members are supported by or live with you? >
If a spouse lives with you, how much money does your spouse make?

(2^

per hour month year

List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythini
else worth more than $100:
.
"
/
/

'

..

ist amounts you pay monthly for mortgages, rent, car loans, credit cards, child'support, or any other debts:
JList

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 nnable to pay for ah attorney to represent me.
Date

Signature
Rev. 1/6/12

E-FILED 2014 NOV 13 3:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
CODY JONATHON WOLFE ,

02811 OWCR012690
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 Robert E. Peterson (712) 792-4485, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 NOV 13 3:06 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012690
Type:

Case Title
STATE VS CODY JONATHON WOLFE
ORDER APPOINTING
So Ordered

Electronically signed on 2014-11-13 15:05:29

2 of 2

E-FILED 2014 NOV 21 2:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012690
Plaintiff,
vs.
TRIAL INFORMATION
CODY JONATHAN WOLFE,
DOB: 01/21/1989
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, Cody Jonathan Wolfe
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, Cody Jonathan Wolfe, on or about November 2, 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

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

E-FILED 2014 NOV 21 2:19 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. CODY JONATHAN WOLFE

Criminal No. OWCR012690
COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:
MICHELLE PEDERSEN, OFFICER, LAKE VIEW POLICE DEPARTMENT
NATHAN BOECKMAN, RESERVE OFFICER, LAKE VIEW POLICE DEPARTMENT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMIINALISTICS LABORATORY

E-FILED 2014 NOV 21 2:19 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012690

Case Title
STATE VS CODY JONATHON WOLFE

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 2014-11-21 14:19:46

page 3 of 3

E-FILED 2014 NOV 21 2:19 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012690

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

CODY JONATHON WOLFE ,

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 12/03/2014 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

E-FILED 2014 NOV 21 2:19 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012690

Case Title
STATE VS CODY JONATHON WOLFE
So Ordered

Electronically signed on 2014-11-21 14:19:46

page 2 of 2

E-FILED 2014 DEC 03 1:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

Criminal No. OWCR012690

v.
CODY JONATHAN WOLFE,
Defendant.

WRITTEN ARRAIGNMENT
AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath
states:
1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are
P.O. Box 1144, Carroll, IA 51401, 712-792-4485.
2.

My current mailing and residence addresses and telephone number are:

)es it-to ;'Ae s Ti). 570 3 13

52 S 4) 10 At.ror. A

7 1 2-79:0-?-7 454

3.

I am 237/ears old. I can read and understand the English language and have completed the
following level of education: HS

4.

I have been advised by the above named attorney and understand that I have a right to
arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this
written arraignment and plea of not guilty. I understand that times for further proceedings
which are computed from the date of arraignment will be computed from the date of filing this
written arraignment and plea of not guilty.

5.

I have received a copy of the indictment/trial information which charges me with the crime(s) of
Operating While Intoxicated, First Offense in violation of Iowa Code section(s)
32112
(2013). I have read it, and I have familiarized myself with its contents.

6.

With regard to the name by which I am charged in the indictment/trial information (either check
"a" or check and complete "b"):
] a. The name shown on the indictment/trial information is my true name. I have been
advised and understand that I am now precluded from objecting to the indictment/trial
information upon the ground I am improperly named.
[ ] b. The name shown on the indictment/trial information is not my true name. My true name
. I request that an entry be made in the minutes
is

E-FILED 2014 DEC 03 1:48 PM SAC - CLERK OF DISTRICT COURT

showing my true name. I have been advised and understand further proceedings will be had
against me by that name, the indictment/trial information will be amended accordingly, and
when the indictment/trial information is so amended I will be precluded from objecting upon the
ground I am improperly named.
7.

I have been advised and understand that I may plead guilty, not guilty, or former conviction or
acquittal.

8.

For the purpose of this arraignment, I have had sufficient time to discuss my case with the above
named attorney, and I waive any further time in which to enter a plea.

9.

I plead NOT GUILTY to the charge(s) of Operating While Intoxicated, First Offense

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90
days after indictment/filing of trial information and [check either "a" or "b"]:
[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).
b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

N6

11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be
available for trial on the following days:

State of Iowa Carroll County, ss.

Subscribed, sworn to, and acknowledged before me by Cody Wolfe this
20
c.e.J.
,

day of

t ((-:

Notary public or other officer authorized to take and

certify acknowledgements and administer oaths.
[seal]

E-FILED 2014 DEC 04 9:39 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
CODY JONATHON WOLFE ,

Case No: 02811 OWCR012690

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

Defendant.
The defendant having filed a written arraignment in this matter on December 3, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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.
1 of 3

E-FILED 2014 DEC 04 9:39 AM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2014 DEC 04 9:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012690
Type:

Case Title
STATE VS CODY JONATHON WOLFE
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-12-04 09:38:33

3 of 3

E-FILED 2015 JAN 21 2:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. OWCR012690

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

CODY JONATHAN WOLFE,

Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 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, Robert Peterson. The parties, through
the undersigned, represent the following to the Court:
1.

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,
and the State has agreed to recommend the following: 1) that Defendant receive
a 30-day jail sentence, with all but two day suspended and credit for any time
already served; 2) that Defendant pay all mandatory minimum fines, fees, and
costs; and 3) that Defendant be placed on informal probation with the Sac
County Probation Office.
2.

Defendant intends to submit a written guilty plea by February 4, 2015.

Defendant intends to waive presence at sentencing. Defendant intends to waive

time between plea and sentencing.

__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org

E-FILED 2015 JAN 22 10:24 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012690
Plaintiff,
vs.

ORDER

CODY JONATHON WOLFE ,

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 02/04/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2

E-FILED 2015 JAN 22 10:24 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012690
Type:

Case Title
STATE VS CODY JONATHON WOLFE
OTHER ORDER
So Ordered

Electronically signed on 2015-01-22 10:23:31

2 of 2

E-FILED 2015 JAN 28 11:08 AM SAC - CLERK OF DISTRICT COURT

Date: 1/28/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

OWCR012690

No.
vs.

CODY JONATHON WOLFE

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for

expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___1/28/2015_____________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2015 JAN 28 11:16 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 OWCR012690

vs.
CODY JONATHON WOLFE ,

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 February 9, 2015. If any objection is filed on or
before February 9, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 9, 2015, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
ROBERT E PETERSON
MEDIA COORDINATOR
CODY JONATHON WOLFE

1 of 2

E-FILED 2015 JAN 28 11:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012690
Type:

Case Title
STATE VS CODY JONATHON WOLFE
OTHER ORDER
So Ordered

Electronically signed on 2015-01-28 11:16:23

2 of 2

E-FILED 2015 FEB 03 3:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
CODY JONATHAN WOLFE
DOB: 01/21/1989
Defendant.

No. OWC R012690

OWI 1st OFFENSE

GUILTY PLEA
COUNT I

1, the undersigned Defendant, have carefully read and fully understand the following:
1 am charged with OPERATING A MOTOR VEHICLE WHILE INTOXICATED,
FIRST OFFENSE, in violation of Iowa. Code Section 3211.2. a Serious Misdemeanor,
and I hereby request that my plea of guilty to the charge be entered of record.
A.

The maximum punishment for a Serious Misdemeanor is imprisonment of

not more than one year in jail and a mandatory fine of not more than $1,250.00,
plus statutory surcharges, plus court costs and all costs and fees incurred for legal
assistance which is immediately due on the date of sentencing, unless a payment
plan is approved by the court within thirty days of the judgment date. I realize
that, if there was no personal or property injury, and I present to the Court a
temporary restricted license, the Court may waive up to $625 of the fine and the
related statutory surcharge. I acknowledge that, the Court may order me to
perform community service work, if the Court is of the opinion that community
service work will deter and discourage others from similar criminal activity. The
community service must be done for a governmental or non-profit agency. (The
rate at which community service shall be calculated against my fine shall be the
federal minimum wage.) In addition, I may be required to pay correctional fees for
incarceration and enrollment fees for probation. I am aware that sentencing
options may include deferral of Judgment and Sentence, the grant of probation and
the suspension of the sentence imposed.
There is a minimum penalty of imprisonment in jail for 48 hours, which must be
imposed unless I am eligible for a deferred judgment, or deferred sentence.
The Court must order me to attend a course for drinking drivers.
The Court must order me to undergo a substance abuse evaluation and to follow
the recommendations.
The Court may order me to participate in a reality education substance abuse
prevention program.
The Court may order restitution to any victim of my offense. In addition, the
Court may order restitution up to $500 each to any public agency (fire-fighting, law
enforcement, ambulance, medical or any other emergency services), which responded
as a result of my violation.

E-FILED 2015 FEB 03 3:48 PM SAC - CLERK OF DISTRICT COURT

Unless the Department of Transportation has already revoked my license or

driving privileges, I understand my license or driving privileges will be revoked a
minimum of 180 days.
I understand that there can be no deferral of judgment or sentence or suspension of
any mandatory minimum sentence of incarceration and no suspension of any other part
of my sentence not involving incarceration if

I tested over .15%; or

I refused an implied consent test; or

I have been convicted of OWI or received a deferred judgment or sentence

for OWI in Iowa or any other state; or

If another person was injured by this OWI offense.

I understand that there can be no reduction of my fine and the related statutory
surcharge unless:
The Court fords that there has been rio personal injury as a result of my

actions, and
The Court finds that there has been no property damage as a result of my

actions, and
I present a temporary restricted license within the time ordered by the

Court.
I understand I must complete a substance abuse evaluation at my own expense
before I can be sentenced. I will provide the evaluation to the Court before I am
sentenced.
B. I understand that a criminal conviction, deferred judgment or deferred sentence
may affect my status under federal immigration laws.
C. If I plead not guilty, I would be entitled to the following rights. I give up these
rights by pleading guilty:
(1). The right to a speedy and public trial by a jury of twelve people.
(2). The right to have an attorney represent me at trial and, if the Court found I was
unable to afford an attorney, the Court would, at public expense, appoint an attorney
to represent me.
(3). At trial, I would be presumed innocent until such time, if ever, the State
established my guilt beyond a reasonable doubt.
(4). At trial, a jury verdict of guilty would have to be unanimous.
(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be
forced to testify, and if I choose not to testify, the State may not comment on the fact
of my failure to testify and, at my request, I would be entitled to a jury instruction
stating that the jury could not infer guilt from my failure to testify.
(6). At trial, the State would have to confront me with witnesses upon whose
testimony it relied to obtain conviction, and I would have the right to cross examine
those witnesses.

E-FILED 2015 FEB 03 3:48 PM SAC - CLERK OF DISTRICT COURT

(7). At trial, I would be entitled to present witnesses to testify on my behalf and to

compulsory process to secure those witnesses.
D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive
my right to trial, and will be treated as if I had been tried and found guilty by a
jury.
E. The Court, in determining whether there is a factual basis for this plea of guilty,
may make such a determination by examining the Minutes of Testimony attached
to the Trial Information, by reviewing the investigative reports of law enforcement
agents who have investigated the offense, or by asking me or counsel to recite and
summarize the material facts that would be offered at trial.
The Court has the discretion to accept or reject any plea agreement made between
the State and myself. The plea agreement is: I will plead guilty to Count I:

Operating a Motor Vehicle While Intoxicated Offense. Recommended jail

sentence is 30 days in the Sac County Jail, all of which will be suspended except
for two (2) days, with credit for time served of 14 hours. Defendant may
substitute a 48-hour Weekend Alcohol Program for 48 hours jail time. If I choose
not to attend the 48 hour Weekend Alcohol Program, then I will have to complete
the 12 hour Drinking Driving Course. 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 pay the mandatory minimum fine in the amount of $1,250.00, plus the
35% surcharge in the amount of $437.50, the $10.00 DARE surcharge, court
costs, and court appointed attorney fees: to be paid as approved in the Sac County
Standard Probation Agreement. If I provide proof of a temporary driving permit
the fine will be reduced to $625.00. 1 will follow the recommendation of the
Substance Abuse Evaluation, which I obtained on December 2, 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.
This plea agreement includes that I will be responsible to pay court costs, payment
of all costs and fees incurred for legal assistance, victim restitution, correction (jail) fee
for any jail time and all surcharges and mandatory punishments (see paragraph B)
applicable to my case.
F. 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. I understand the nature of the charge
against me.

E-FILED 2015 FEB 03 3:48 PM SAC - CLERK OF DISTRICT COURT

This offense was committed by me in Sac County Iowa by my doing the

following: I did on or about the rd day of November 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 .153
(BAC).

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 of this guilty plea.
G. If the Court accepts my plea of guilty, I realize:
(1). The Court will set a sentencing date not less than fifteen days after the date of its
acceptance of this guilty plea unless I waive this right. In order to contest this plea of
guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing.
The right to file a Motion in Arrest of Judgment will be waived by having the Court
impose a sentence today.
(2). If the Court imposes a sentence today, I will never be able to challenge this plea
of guilty, and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right
to have the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT

If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:
1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment
no later than 45 days after a plea of guilty and no later than 5 days prior to
pronouncement of judgment, and that the Court will set a sentencing date not less
than fifteen days after the date of its acceptance of this guilty plea unless I waive
this right, and the right to file a Motion in Arrest of Judgment will be waived by
having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this
plea of guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I waive any time to which I may be
entitled for sentencing at a later date.

E-FILED 2015 FEB 03 3:48 PM SAC - CLERK OF DISTRICT COURT

WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at my

sentencing and present evidence in my own behalf. I understand that it is my choice to be
present or not, and that no one can exclude me from sentencing.
With the above in mind, and further understanding that my decision whether to be
present or not is my own decision, I hereby knowingly and voluntarily waive the right to
be present at my sentencing.
Defend , Cod Jo than Wolfe
Attorn for Defendant, Robert E. Peterson

STATE OF IOWA
) SS

SAC COUNTY

t e,,40 2015 before me the undersigned, a Notary Public

On this
day of
CePc56?
in and for said State, personally appeared
to me known to be the identical person named in and who ecuted the foregoing instrument, and
acknowledged that he executed the same of his voluntary act and deed.
Notary Public in and for the State of Iowa

E-FILED 2015 FEB 04 3:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012690
Plaintiff,

v.
CODY JONATHON WOLFE,

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

Defendant.

CHARGE:

Operating While Intoxicated, First Offense, a serious 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, 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

E-FILED 2015 FEB 04 3:50 PM SAC - CLERK OF DISTRICT COURT

(5)

the court costs of this action, including court-appointed

attorney fees as certified by Mr. Peterson. The Court finds
through information provided by the parties, the Defendant
is reasonably able to pay this expense.

However, since no personal or property injury resulted from

Defendants actions, $625.00 of the fine and $218.75 of the
surcharge shall be waived upon Defendants filing of proof, at the
end of the minimum period of ineligibility, of a temporary restricted
license issued to Defendant pursuant to Iowa Code Section
321J.20.
Defendant shall pay all 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 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 May 4, 2015.

Defendant may participate in a 48-hour Weekend Alcohol Program

and receive credit towards 48 hours of the jail sentence. 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 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;

E-FILED 2015 FEB 04 3:50 PM SAC - CLERK OF DISTRICT COURT

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.

E-FILED 2015 FEB 04 3:50 PM SAC - CLERK OF DISTRICT COURT

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.

Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

E-FILED 2015 FEB 04 3:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012690

Case Title
STATE VS CODY JONATHON WOLFE
So Ordered

Electronically signed on 2015-02-04 15:50:18

page 5 of 5

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