owcr012626 - columbus ne man pleads guilty to owi 1st offense.pdf

8/10/2019 OWCR012626 - Columbus NE man pleads guilty to OWI 1st Offense.pdf

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E-FILED 2014 AUG 18 1:45 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

ISRAEL DOMINQUEZ , Defendant.Defendant's Correct Address: rd Ave. Lot D-7,Columbus NE

Case No: 02811 OWCR012626

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSEDefendant must post a cash bond of $1,000.

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 Misdemeanor3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail - Minimum 2 days

Years Prison

And/Or a fine of not less than $1250 or more than $ 1875+35% surcharge and courtcosts.

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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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.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther 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:

(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 NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, 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 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 at : AM at the .

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 ISORDERED 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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State of Iowa Courts

Case Number Case TitleOWCR012626 ST VS ISREAL DOMINQUEZType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-08-18 11:01:16

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E-FILED 2014 AUG 19 12:42 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012626

Plaintiff,

vs. TRIAL INFORMATION

ISRAEL DOMINGUEZ,DOB: 02/17/1973 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in

the name and by the authority of the State of Iowa, accuses Defendant, Israel Dominguez of

the crime ofOPERATING WHILE INTOXICATED- FIRST OFFENSEa Serious Misdemeanor inviolation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Israel Dominguez, on or about August 17, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of the

following means:

a. While under the influence of an alcoholic beverage or drugs or a combination of such

substances;

b. while having an alcohol concentration of .08 or more as measured in the person's breath,

blood or urine; c. while any amount of a controlled substance is present in the person as measured in the

person's blood or urine.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 SEP 16 9:14 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. ISRAEL DOMINGUEZ

Criminal No. OWCR012626

COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,

CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL

INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY



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Type: Approval of Trial Information

Case Number Case Title

OWCR012626 STATE VS ISRAEL DOMINGUEZ

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 2014-09-16 09:14:43 page 3 of 3



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5/6 Defendant i* #$'&i3ited f$' )'n*+in% '$ #'**e**in%al)'&'l '$ an1 ille%al d$+% '$ an1 d$+% f'$ -&i)& Defendantd'e* n't &ave a valid #$e*)$i#ti'n. In additi'n, Defendant i*#$'&i3ited f$' 3ein% at an1 l')ati'n -&e$e al)'&'l '$ ille%ald$+%* a$e #$e*ent, $e%a$dle** 'f -&et&e$ Defendant i*

a)t+all1 in #'**e**i'n 'f '$ )'n*+in% *+)& al)'&'l '$ ille%ald$+%*. T&i* #$'&i3iti'n d'e* n't #$'&i3it Defendant f$'3ein% at a #+3li) l')ati'n 5e.%., $e*ta+$ant6 -&e$e al)'&'l i**e$ved, *' l'n% a* t&e #$ia$1 #+$#'*e 'f t&e e*ta3li*&enti* n't t&e *e$vin% 'f al)'&'l and Defendant i* n't )'n*+in%'$ in #'**e**i'n 'f al)'&'l at t&at l')ati'n> and

5@6 Defendant *&all )'#l1 -it& all te$* 'f t&i* O$de$,in)l+din% #a1in% all finan)ial '3li%ati'n* and )'#letin% all$e7+i$ed ta*4* in a tiel1 anne$>

d. Defendant &a* '3tained a *+3*tan)e a3+*e eval+ati'n. Defendant*&all f'll'- an1 $e)'endati'n* f'$ t$eatent '$ )'+n*elin%ade a* a $e*+lt 'f t&e eval+ati'n, all at Defendant* '-n e(#en*e>and

e. Defendant *&all en$'ll in and )'#lete t&e D$in4in% D$ive$* S)&''l*#'n*'$ed 31 t&e )'+nit1 )'lle%e *1*te. On '$ 3ef'$e t&e "0t&da1 f'll'-in% t&e filin% 'f t&i* O$de$, Defendant *&all file -$itten#$''f -it& t&e Cle$4 'f C'+$t t&at Defendant &a* )'#leted t&eD$in4in% D$ive$* S)&''l.

/. T&e C'+$t %$ant* t&i* *enten)e 3e)a+*e it #$'vide* f'$ Defendant2*$e&a3ilitati'n and t&e #$'te)ti'n 'f t&e )'+nit1. T&e C'+$t &a* )'n*ide$ed t&e*enten)in% $e)'endati'n 'f t&e #a$tie*.

@. Defendant &a* a *tat+t'$1 $i%&t t' a##eal 31 filin% -$itten n'ti)e 'f a##eal-it& t&e Cle$4 'f C'+$t 'f t&i* )'+nt1 -it&in /0 da1* 'f t&e date 'f t&e*e #$')eedin%*.If Defendant i* +na3le t' #a1 t&e )'*t* 'f a##eal, Defendant a1 a##l1 t' t&e C'+$t f'$a##'intent 'f )'+n*el and t&e f+$ni*&in% 'f a t$an*)$i#t 'f t&e eviden)e a* #$'vided in

E-FILED 2014 NOV 17 11:34 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered




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THE STATE OF IOWA, ) Case No. OWCR012626

Plaintiff, )

)vs. ) MOTION TO EXTEND JAIL) SENTENCE COMPLETION) DATE

ISRAEL DOMINGUEZ, )Defendant. )

COMES NOW, Israel Dominguez, Defendant in the above captioned case, by and

through his attorney Guy Weinstein, and hereby respectfully moves this Court to extend the jail

sentence completion date 30 days from the current completion date of January 7, 2015. In

support of this motion, counsel for Defendant states as follows:

1. Defendant cannot enroll and complete the Prairie Ridge Intoxicated Driver Education

Jail Diversion Program (PRIDE), as the next possible class does not begin until

January 9, 2015.

WHEREFORE, Defendant requests an extension of the jail sentence completion date.

Respectfully Submitted,

BY: /s/Guy Weinstein

Guy Weinstein, AT0012416

Kasaby &Nicholls, LLCThe Empire State Building

308 S. 19th

StreetOmaha, Nebraska 68102

Ph: 402-884-0700

Fx: 402- 614-5926

E-mail: [email protected] for Defendant

E-FILED 2014 NOV 21 3:32 PM SAC - CLERK OF DISTRICT COURT


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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing

MOTION TO EXTEND JAIL SENTENCE COMPLETION DATEwas forwarded to the

following named individual by electronic e-filing on November 21, 2014.

Benjamin John Smith, Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9Sac City, IA 50583

/s/ Guy Weinstein

Guy Weinstein



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THE STATE OF IOWA, ) Case No. OWCR012626

Plaini!!, )

)"s. ) ORDER TO EXTEND JAIL) SENTENCE COMPLETION) DATE

ISRAE# DO$IN%UE&, )

De!en'an. )

T(is ae* +ae e!o*e (e Co-* on (e De!en'ans $oion o E/en' ail Senen+e

Coleion Dae. Fo* oo' +a-se s(o3n, (e Co-* !in's (is ae* s(o-l' e e/en'e' 40

'a5s.

IT IS THEREFORE ORDERED, De!en'an (as -nil Fe*-a*5 6, 201 o +olee (is

7ail senen+e *e8-i*een.



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Type: OTHER ORDER



So Ordered



owcr012626 - columbus ne man pleads guilty to owi 1st offense.pdf

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