fort dodge man found guilty of driving while license was denied or revoked

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    E-FILED 2014 FEB 13 3:52 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2014 FEB 13 11:23 AM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

    vs. LUCAS ALAN RICHARDSON , Defendant.

    Case No: 02811 SRCR012504

    INITIAL APPEARANCE

    Charges:01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED (SRMS)

    The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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 Years Prison And/Or $fine of not less than 315 nor greater than 1875 plus 35% surcharge and courtcosts

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

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    E-FILED 2014 FEB 17 9:07 AM SAC - CLERK OF DISTRICT COURT

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    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 guiltyof a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

    You must not drive while your license is revoked.

    6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis: Waived Preliminary Hearing is scheduled on 03/10/2014 at 9:30 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 at712-662-4791 before attending this hearing to determine whether or not it will be held.

    8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS

    ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. 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 DefendantDefendantSac County Sheriff

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    E-FILED 2014 FEB 17 9:07 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa CourtsCase Number Case TitleSRCR012504 STATE VS LUCAS ALAN RICHARDSONType: HEARING FOR INITIAL APPEARANCE

    So Ordered

    Electronically signed on 2014-02-17 09:08:07

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    E-FILED 2014 FEB 17 9:07 AM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY _______________________________________________________________________

    STATE OF IOWA, ) No. SRCR012504

    Plaintiff, )

    Vs. ) APPEARANCE

    LUKE RICHARDSON, )

    Defendant. )

    ________________________________________________________________________

    COMES NOW, Derek Johnson, and hereby enters his appearance for the above-

    named Defendant.

    /s/ Derek JohnsonDerek Johnson AT0003858JOHNSON & BONZER, PLC.809 Central Avenue - Suite 350Fort Dodge, IA 50501Telephone: [email protected]

    [email protected]

    E-FILED 2014 FEB 26 2:24 PM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    1

    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012504 Plaintiff,

    vs. TRIAL INFORMATION

    LUCAS ALAN RICHARDSON,DOB: 01/28/1978 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, Lucas Alan Richardsonof the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER

    321J , a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:

    The said Defendant, Lucas Alan Richardson, on or about February 13, 2014, in the

    County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his

    motor vehicle license was denied or revoked under Iowa Code Chapter 321J.

    A TRUE INFORMATION

    /s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123

    Email: [email protected]

    E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]
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    2

    THE STATE OF IOWA vs. LUCAS ALAN RICHARDSON----------------- WITNESS LISTCriminal No. SRCR012504

    COUNT: Driving While License was Denied or Revoked Under Chapter 321J

    NAMES OF WITNESSES:

    TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

    KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OFTRANSPORTATION

    E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: Approval of Trial Information

    Case Number Case TitleSRCR012504 STATE VS LUCAS ALAN RICHARDSON

    On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

    Release conditions are set by separate Order of the Court.

    So Ordered

    Electronically signed on 2014-03-07 08:46:01 page 3 of 3

    E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT

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    Notice Id: D2TIAR

    IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    vs LUCAS ALAN RICHARDSON ,

    Defendant.

    Case No: 02811 SRCR012504

    ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

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

    IT IS ORDERED , the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 03/19/2014 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 suchhearing.

    In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause or the issuance of a warrant for arrest.

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

    Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney

    E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: ORDER FOR ARRAIGNMENT

    Case Number Case TitleSRCR012504 STATE VS LUCAS ALAN RICHARDSON

    So Ordered

    Electronically signed on 2014-03-07 08:46:01 page 2 of 2

    E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT

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    03 2 20 4 07: 3 FAX 73388 WEBSTER CO DISTRICT CRT

    IN THE lOW A DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA, Case No. SRCR012504

    Plaintiff,

    vs.WRITTEN ARRAIGNMENTANDPLEA OF NOT GUILTY

    LUCAS ALAN RICHARDSON,

    Defendant.

    COMES NOW the above-named Defendant in the above-captioned criminal case andunder oath states:

    1. I am represented by an attorney, The name and address of my attorney is Derek Jolmson,809 Central,,Suite 350, Fort Dodge, Iowa 50501,

    2. My current mailingand residence addresses 416 North 18th Street, Fort Dodge, IA 50501and my current telephone number is 101 29 3 301

    3. I am 36 years old, I can read and understand the English language and have completed thefollowing level of education: \2 bh .

    4. I understand: that I have a right to arraignment in open court, and I hereby voluntarilywaive 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 ofa r r a i g n m e n t ~ w i l l

    be computed from the dateof

    filing this written arraignment and plea ofnot guilty. . '

    5. I have received a copy of the indictment/trial info1111ation w h i ~ hcharges me with thecrimes of: COUNT I: DRIVING WHILE LICENSE WAS DENIED OR REVOKED. Ihave read it, .and I have familiarized myself with its contents.

    i

    6. With r e g a r d ~to the name by which I am charged in the indictment/trial information:check e i t h e ~a or check and complete b ,)

    X) l a. The name shown on the indictment/trial information is my true name, have been advised and ~ l n d e r s t a n dthat I am now precluded from objecting~ the indictment/trialinfonnationupon the ground I am improperly named.

    ( ) ' b. The name shown on the indictment/trial information is not my true.name. My true name is . I requestthat an entry be made in the minutes showing my true name. I have been~ d v i s e dand understand further proceedings will be had against me by that1name, the indictment/trial information is so amended I will be precludedfrom objecting upon the ground I am improperly named.

    1

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    E-FILED 2014 MAR 12 11:34 AM SAC - CLERK OF DISTRICT COURT

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    03 12 2014 07:53 FAX 15155733881

    ,II~

    WEBSTER O DISTRICT CRT 141002/002

    7. I have beer( advised and understand that I may plead guilty, not guilty, or formerconviction dr acquittal.

    'II,I

    8. For the purpf se 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 charges of COUNT I: DRIVING 'WHILE LICENSE WAS

    I

    DEN1ED OR REVOKED. ,,i

    10 I have been ~ d v i s e dand understand that I have a right under Rule 2.33(2)(b) of the IowaRules of Ct4ninal Procedure to a trial within ninety days after indictment/filing of he trialinformationand: (check either a or b1 )

    f

    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),

    11. i request that a trial date be promptly set pursuant to Rule 2.9(1) of the Iowa Ru1es ofc ~ ~ o e d u r e

    L l ~L ~ u ~ c ~ ~ R i ~ . c ~ h ~ ~ ~ d ~ s o ~ n ~

    STATE OF IOW.ti' ss

    COUNTY OF ~ S T E Rj

    Subscribed ~ dsworn to and acknowledge before me by Lucas Richardson thisday of '1"C'J...J:i. \. , 2014.

    Original Filed

    ',

    .,,.

    ,I,

    )',.,.

    )

    f

    E-FILED 2014 MAR 12 11:34 AM SAC - CLERK OF DISTRICT COURT

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    IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

    Plaintiff,

    vs. LUCAS ALAN RICHARDSON ,

    Defendant.

    Case No: 02811 SRCR012504

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

    The defendant having filed a written arraignment in this matter on March 12, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 05/13/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

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

    Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses. 1 of 3

    E-FILED 2014 MAR 12 1:11 PM SAC - CLERK OF DISTRICT COURT

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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

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    E-FILED 2014 MAR 12 1:11 PM SAC - CLERK OF DISTRICT COURT

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    State of Iowa CourtsCase Number Case TitleSRCR012504 STATE VS LUCAS ALAN RICHARDSONType: ORDER SETTING TRIAL

    So Ordered

    Electronically signed on 2014-03-12 13:11:18

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    E-FILED 2014 MAR 12 1:11 PM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    LUCAS ALAN RICHARDSON,

    Defendant.

    Case No. SRCR012504

    REPORT OF PRETRIALCONFERENCE

    THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

    On May 6, 2014, the parties conducted a Pretrial Conference as ordered or inanticipation of the same. The State was / is represented by Sac County AttorneyBen Smith, and that defendant was / is represented by Attorney Derek JohnsonThe parties, through the undersigned, represent the following to the Court:

    A plea agreement has been reached the terms of which are as follows: Thedefendant will plead guilty, pay the minimum fine and all other applicable costsand fees, serve a 90-day jail sentence with the sentence suspended and withdefendant placed on informal probation; and the State will recommend all theabove.

    Defendant intends to submit a written guilty plea by May 21, 2014.

    Defendant intends to waive presence at sentencing.

    Defendant intends to waive time between plea and sentencing.

    __________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

    Telephone: 712-662-4791Email: [email protected]

    E-FILED 2014 MAY 06 7:41 PM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    vs. LUCAS ALAN RICHARDSON ,

    Defendant.

    02811 SRCR012504

    ORDER

    The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 05/21/2014 at9:30 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 arrestbeing issued.

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    E-FILED 2014 MAY 07 9:06 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa CourtsCase Number Case TitleSRCR012504 STATE VS LUCAS ALAN RICHARDSONType: OTHER ORDER

    So Ordered

    Electronically signed on 2014-05-07 09:07:39

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    E-FILED 2014 MAY 07 9:06 AM SAC - CLERK OF DISTRICT COURT

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    IN THE lOW A DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWAPlaintiff,

    vs.

    No. SRCR012504

    GUILTY PLEA

    LUCAS ALAN RICHARDSONDefendant.

    COUNT II, the undersigned Defendant, have carefully read and fully understand the

    following:A. I am charged with DRIVING WHILE LICENSE WAS DENIED OR REVOKED

    UNDER CHPATER 321J a Serious Misdemeanor, in violation of Iowa Code,Section 3211.21, and I hereby request that my plea of guilty to the charge be enteredof record.

    B. The maximum punishment for a Serious Misdemeanor is imprisonment of not morethan one year in jail, and a fine of not more than 1,000.00 plus statutory surcharges,plus all court costs and all costs and fees incurred for legal assistance. There is aminimum fine of 1000.00, plus a 35% surcharge in the amount of 350.00, and the

    10.00 DARE surcharge, which is immediately due on the date of sentencing unless apayment plan has been approved by the court within thirty days of the judgment entry.In addition, if the charge is a violation oflowa Code Chapters, 124, 155A, 453B, 713,714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is anadditional Law Enforcement Initiative surcharge of 125. I acknowledge that, theCourt may order me to perform community service work, i he Court is of he opinion

    that community service work will deter and discourage others from similar criminalactivity. (The rate at which community service shall be calculated against my fine shallbe the federal minimum wage.) In addition, I may be required to pay correctional feesfor incarceration and enrollment fees for probation. I am aware that, sentencingoptions may include deferral of Judgment and Sentence, the grant of probation and thesuspension of the sentence imposed.

    C. I understand that, a criminal conviction, deferred judgment, or deferred sentence mayaffect my status under federal immigration laws.

    D. I f l plead not guilty, I would be entitled to the following rights. I give up these rightsby 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, i he Court found I wasunable to afford an attorney, the Court would, at public expense, appoint an attorneyto represent me.(3). At trial, I would be presumed innocent until such time, i ever, the Stateestablished my guilt beyond a reasonable doubt.( 4 . At t r i ~a jury verdict of guilty would have to be unanimous.

    E-FILED 2014 MAY 20 8:58 AM SAC - CLERK OF DISTRICT COURT

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    (5). At trial, I would have the privilege against self-incrimination, that is, I cannot beforced to testify, and if I choose not to testify, the State may not comment on the factof my failure to testify and, at my request, I would be entitled to a jury instructionstating 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 whosetestimony it relied to obtain conviction, and I would have the right to cross examinethose witnesses.(7). At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those witnesses.

    E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive myright to trial, and will be treated as i I had been tried and found guilty by a jury.

    F. The Court, in determining whether there is a factual basis for this plea of guilty, maymake such a determination by examining the Minutes of Testimony attached to theTrial Information, by reviewing the investigative reports of law enforcement agentswho have investigated the offense, or by asking me or counsel to recite and summarizethe material facts that would be offered at trial.

    The Court has the discretion to accept or reject any plea agreement made betweenthe State and mysel The plea agreement is: I will plead guilty to Driving WhileLicense was Denied or Revoked under Chapter 321J. The County Attorney willrecommend that I be sentenced to serve 90 days in the Sac County Jail with credit fortime served; all of which will be suspended. I will e placed on probation for one- (1)year from the Judgment entry date to the Sac County Probation Officer. I will pay theminimum fine of 1000. plus a 35% surcharge in the amount of 350. the 10.00DARE surcharge, and court costs; to be paid as set out in the probation agreement. Iunderstand that the Iowa Department of Transportation will revoke my drivingprivileges for the required statutory period.

    This plea agreement includes that I will be responsible to pay court costs, paymentof all costs and fees incurred for legal assistance, victim restitution, correction Gail feefor any jail time and all surcharges and mandatory punishments (see paragraph B)applicable to my case.I now state to the Court that I am, in fact GUILTY and that no threats or promiseshave been made to induce me to enter my plea of guilty. I have been informed that theelements of the crime are: Operate a motor vehicle on a public roadway whiledriving privileges are revoked for 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 Februarv 13, 2014 operate a motor vehicle on a publicroadway in Sac ounty Iowa while my driving privilege was revoked for OWl testfailure refusal.

    I hereby state that I submit this written plea of guilty with full knowledge andwaiver of my rights and I do so freely and voluntarily. No threats have been made againstme to obtain this guilty plea. No promises of leniency or favorable treatment have beenmade, except for any plea bargain disclosed to the Court at the time of this guilty plea.

    2

    E-FILED 2014 MAY 20 8:58 AM SAC - CLERK OF DISTRICT COURT

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    G. f 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 o f itsacceptance of this guilty plea unless I waive this right. In order to contest this plea ofguilty, 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 Courtimpose a sentence today.(2). f the Court imposes a sentence today, I will never be able to challenge this pleaof 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 rightto have the Court address me personally.

    W IVER OF MOTION IN RREST OF JUDGMENT

    f the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:1 n 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 lessthan fifteen days after the date of its acceptance of this guilty plea unless I waivethis right, and the right to file a Motion in Arrest o f Judgment will be waived byhaving the Court impose a sentence now.

    2. By having the Court impose my sentence now, I will never be able to challenge thisplea 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 beentitled for sentencing at a later date.

    W IVER OF RIGHT TO BE PRESENT

    I have been fully advised that I have a constitutional right to be present at mysentencing 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 ~ decision, I hereby knowingly and v o l ~ n t a : i w ive the right tobe present at my sentencmg. _ .. f ~ /

    fend nt, L

    Defendant s Attorney, Derek JohnsonSTATE OF IOWA )

    ) ssSACCOUNTY )

    On this t Jd day of , 2 4 before me the undersigned, a Notary Public in andfor said State, personally appeared ~ , to me known to bethe identical person named in and who executed the foregoing instrument, and acknowledged that heexecuted the same of his voluntary act and deed.

    Notary Public in and for the State of Iowa

    3

    E-FILED 2014 MAY 20 8:58 AM SAC - CLERK OF DISTRICT COURT

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    THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA, )) CRIM. NO. SRCR-125-4

    Plainti , )) !UD"MENT ENTRY

    #$. )) C%a&'( D&i#in' W%il( *i+(n$( a$

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    C nt3 P& ati n O i+( & a t(& n( 3(a&. T(& $ & ati n a&( a$ ll $@

    1. D( (n ant $%all &( &t t t%( Sa+ C nt3 P& ati n O i+( it%in = a3$ t a3>$

    at( t $i'n & & ati n $ (i$i n.

    2. T%( D( (n ant $%all (3 all la $.

    0. T%( D( (n ant $%all a3 %i$ inan+ial li'ati n$ &$ ant t a lan t (

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    T%( &(a$ n$ & t%i$ $(nt(n+( in+l ( t%( ll in'@ D( (n ant>$ a'( &i & +&i inal

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    ( l 3 (nt +i&+ $tan+($ n(( & & t(+ti n t%( + nit3 an (t(&&(nt i a+t n

    E-FILED 2014 MAY 21 8:44 AM SAC - CLERK OF DISTRICT COURT

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    D( (n ant an t%(&$ $i ila&l3 $it at( .

    Any bond money previously posted is released and exonerated.

    Cl(&/ t &ni$% + i($ t @C nt3 Att &n(3D( (n$( C n$(lI a D.O.T.Ca&& ll C nt3 !ail

    E-FILED 2014 MAY 21 8:44 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleSRCR012504 STATE VS LUCAS ALAN RICHARDSON

    So Ordered

    Electronically signed on 2014-05-21 08:44:56 page 3 of 3

    E-FILED 2014 MAY 21 8:44 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2014 MAY 21 2:38 PM SAC - CLERK OF DISTRICT COURT