owcr012787 - lake view man pleads guilty to owi 1st offense.pdf

8/21/2019 OWCR012787 - Lake View man pleads guilty to OWI 1st Offense.pdf

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SAC COUNTY

15-2367 Agency Case Number:

03/09/2015 Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

BAUMHOVER

Last

ERIC

First

MICHAEL

Middle Suffix

3497 VOSS AVE

Address

LAKE VIEW

City

IA

State

51450-0000

Zip Code

2/2/1989

Date of Birth

MALE

Gender

HITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

5' 11"

Height Weight

BLUE - BLU

Eye Color

BROWN - BRO

Hair Color

OFFENDER

State Local

321J.2(2)(A)

Code Section

OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

Crime Description

SRMS

Class

13 - HIGHWAY/ROAD/ALLEYLocation Type

ADSLEY AVE AND 335TH ST

Literal Description

0000

Address

LAKE VIEW

City

IA

State

52450

Zip Code

YES

Is Date and Time of Incident Known?

03/09/2015

Incident Date or Low Range Upper Date Range

23:00

Incident Time or Low Range Upper T ime Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

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 ofsuch substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while anyamount of a controlled substance is present in the person as measured in the person's blood or urine

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

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 ofsuch substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while anyamount of a controlled substance is present in the person as measured in the person's blood or urine

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

Last First Middle Suffix

STATE OF IOWA

Business/Organization/State/County/Municipality Name

Address City State Zip

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

On March 9, 2015 at approximately 11:00 PM, the defendant was operating a black 2007 Chevrolet 2500 at 335th and Xavier Ave. The defendant wasasleep at the wheel with his foot on the brake in the middle of the intersection. Officer tapped on the window and theOn March 9, 2015 at approximately 11:00 PM, the defendant was operating a black 2007 Chevrolet 2500 at 335th and Xavier Ave. The defendant wasasleep at the wheel with his foot on the brake in the middle of the intersection. Officer tapped on the window and the

of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-23671 23/10/2015 8:02 AM

E-FILED 2015 MAR 10 8:01 AM SAC - CLERK OF DISTRICT COURT


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defendant awoke and pulled his foot off the brake and drove into the south ditch at the "T" intersection. Defendant exited the vehicle and had poorbalance. Defendant smelled strongly of consumed alcoholic beverage and his eyes were watery and bloodshot. Defendant consented to StandardizedField Sobriety Tests. The defendant's eyes displayed a lack of smooth pursuit, a sustained and distinct nystagmus at 45 degrees and prior to 45degrees in both eyes. Defendant performed poorly on the psychophysical tests. The defendant consented to a PBT test and the results were well inexcess of the legal limit. The defendant was read the Implied Consent form and consented to a breath specimen by checking the consent box andsigning the form. Defendant Datamaster test results were .268 bac.

defendant awoke and pulled his foot off the brake and drove into the south ditch at the "T" intersection. Defendant exited the vehicle and had poorbalance. Defendant smelled strongly of consumed alcoholic beverage and his eyes were watery and bloodshot. Defendant consented to StandardizedField Sobriety Tests. The defendant's eyes displayed a lack of smooth pursuit, a sustained and distinct nystagmus at 45 degrees and prior to 45degrees in both eyes. Defendant performed poorly on the psychophysical tests. The defendant consented to a PBT test and the results were well inexcess of the legal limit. The defendant was read the Implied Consent form and consented to a breath specimen by checking the consent box andsigning the form. Defendant Datamaster test results were .268 bac.

HATTERMAN, JOHN 81-6

Signature of Complainant or Officer, Officer Name & Number

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS

Defendant Implicated

Sac - 81

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 08 - BLOODSHOT/WATERY EYES, 10 - FAILED WALK AND TURN TEST, 11 -IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH, 14 - FAILED ONE-LEG STAND

OWI

.268%

BAC on Datamaster DCI Lab Screen Positive for Drugs

Field Sobriety Tests Refused

1 - FIRST OFFENSE

Number of Offense

OWI

SAC COUNTY

03/10/2015

JENNIFER SCHRAMMNotary Name Signature of Verifying Party

786083Commission Number

09/11/2017My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-23672 23/10/2015 8:02 AM 2 23/10/2015 8:02 AM



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

vs.

ERIC M BAUMHOVER , Defendant.

Case No: 02811 OWCR012787

ORDER ON INITIAL APPEARANCE

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSEUpon review of the complaint and accompanying affidavits, the court finds: That there is probable cause to believe that the defendant has committed the offense(s) listed above. The nature of the charge(s) is that it is a:

Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 andfirst offense operating while intoxicated which carries a minimum fine of $1250. In these cases adefendant can be sentenced to up to one year in the county jail except for possession of marijuanawhich carries a maximum sentence of six months in jail. In the cases of confiction for possessionof marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Convictionof this offense will result in loss of your operators license for a period of 180 and you cannot qualifyfor a work permit for 0 days.In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.

RECITATION OF RIGHTS:

You have the absolute right to remain silent. Anything you say will be used against you.

You are presumed by law to be innocent of the offense(s) charged unless found guilty by proofbeyond a reasonable doubt.

You have the right to be represented by an attorney and that one will be appointed for you if youqualify. You must fill out an application if you want court appointed counsel.

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E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT


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MANDATORY SUBSTANCE ABUSE EVALUATION: You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at: New Opportunites, Sac City, 712-662-7921 Compass Point, Storm Lake, 712-732-5136or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Courtat 100 NW State St., Ste. 12, Sac City, IA 50583.

YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILLRESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIALRELEASE. TERMS OF RELEASE:

You will be released from custody prior to trial on your own promise to appear at all further courtproceedings. If you willfully fail to appear before the court as required, you shall be guilty of a DFelony/Serious Misdemeanor. During your release:

You shall not consume any alcohol or illegal drugs during the pendency of this matter.

You shall not drive while your license is suspended.

You must obey all the laws of Iowa and the United States.

Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assuredthat you will appear at all court proceedings in the future and therefore the court imposes the followingconditions on your release:

You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your licens is suspended.

You must obey all laws of Iowa and the United States.

You must post a bond in the ammount of $.

DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST.

PRELIMINARY HEARING 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 in this county. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:

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Preliminary Hearing is scheduled on 03/30/2015 at 10:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. in the magistrate courtroom. 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. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE 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

DefendantSac County SheriffThe Court has provided a copy to the Defendant

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State of Iowa Courts

Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2015-03-10 12:39:29

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, : CRIMINAL NO.: OWCR012787

Plaintiff, :

v. :

APPEARANCE; PLEA;

ERIC BAUMHOVER, : WAIVER OF PRELIMINARY

HEARING; AND REQUEST

Defendant. : TO CONSOLIDATE

COMES NOW attorney, Scott A. Michels, and hereby enters his

Appearance for the Defendant in the above captioned case. The Defendant pleads

NOT GUILTY and waives Preliminary Hearing. Defendant further requests that

any companion citations and/or misdemeanors be consolidated and that an

arraignment date be set.

Respectfully Submitted,

GOURLEY, REHKEMPER &

LINDHOLM, P.L.C.

_________________________________

By: Scott A. Michels AT0009342

440 Fairway Drive, Suite 210

West Des Moines, IA 50266

Phone: (515) 226-0500

Fax: (515) 244-2914

[email protected] ATTORNEY FOR DEFENDANT

ORIGINAL FILED.

Copy to:

Sac County Attorney

CERTIFICATE OF SERVICEThe undersigned certifies that the foregoing instrument was

served upon all parties to the above cause to each of the attorneysof record herein at their respective addresses disclosed on the

pleadings on March 19, 2015 .

By: □ U.S. Mail □ FAX□ Hand Delivered □ Overnight Courier□ Certified Mail X Other

E-Filed by: Leilani Belisario


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


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Plaintiff, :

v. :

APPEARANCE; PLEA;

ERIC BAUMHOVER, : WAIVER OF PRELIMINARY

HEARING; AND REQUEST

Defendant. : TO CONSOLIDATE

COMES NOW attorney, Scott A. Michels, and hereby enters his

Appearance for the Defendant in the above captioned case. The Defendant pleads

NOT GUILTY and waives Preliminary Hearing. Defendant further requests that

any companion citations and/or misdemeanors be consolidated and that an

arraignment date be set.



LINDHOLM, P.L.C.

_________________________________




Phone: (515) 226-0500

Fax: (515) 244-2914


ORIGINAL FILED.

Copy to:

Sac County Attorney



pleadings on March 19, 2015 .






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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

ERIC M BAUMHOVER ,

Defendant.


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 isscheduled on 04/29/2015 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 shall

remain 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 2015 APR 16 9:12 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

OWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC M

So Ordered

Electronically signed on 2015-04-16 09:13:28 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012787

Plaintiff,

vs. TRIAL INFORMATION

ERIC MICHAEL BAUMHOVER,DOB: 02/02/1989, 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, Eric Michael

Baumhover 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, Eric Michael Baumhover, on or about March 9, 2015 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 SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. ERIC MICHAEL BAUMHOVER

Criminal No. OWCR012787COUNT 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



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




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E-FILED 2015 APR 27 2:38 PM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. ERIC M BAUMHOVER ,

Defendant.


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

The defendant having filed a written arraignment in this matter on April 27, 2015. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 06/03/2015 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 THE

DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 06/09/2015 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 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

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Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: ORDER SETTING TRIAL

So Ordered


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Plaintiff, :

v. :

NOTICE OF INTENT TO FILE

ERIC BAUMHOVER, : WRITTEN GUILTY PLEA

Defendant. :

COMES NOW Defendant, Eric Baumhover, through his attorney, Scott A.

Michels, and hereby notifies the Court that he intends to file a Written Guilty Plea.

Pretrial Conference is currently set for June 3, 2015 at 9:30 a.m. Defendant

requests that the Pretrial Conference be cancelled and that a Plea Hearing be set.

Defendant requests the Plea Hearing be set out at least two weeks.



LINDHOLM, P.L.C.

_________________________________




Phone: (515) 226-0500

Fax: (515) 244-2914


ORIGINAL FILED.

Copy to:

Sac County Attorney



pleadings on June 1, 2015.



E-FILED 2015 JUN 01 8:41 AM SAC - CLERK OF DISTRICT COURT



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STATE OF IOWA,

Plaintiff, vs.

ERIC M BAUMHOVER ,

Defendant.

02811 OWCR012787

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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 06/17/2015 at 9:30 AMat 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 arrestbeing issued.

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Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: OTHER ORDER

So Ordered


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E-FILED 2015 JUN 03 2:47 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff, vs.

ERIC M BAUMHOVER ,

Defendant.

02811 OWCR012787

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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 07/01/2015 at 9:30 AMat 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 arrestbeing issued.

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Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: OTHER ORDER

So Ordered


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1


STATE OF IOWA,

Plaintiff,

v.

ERIC M. BAUMHOVER,

Defendant.

OWCR01!"!

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

CHARGE: O#e$atin% W&ile Int'(i)ated, Fi$*t Offen*e, a *e$i'+* i*deean'$,in vi'lati'n 'f I'-a C'de /1.

Defendant &a* filed a -$itten %+ilt #lea and a -aive$ 'f Defendant2* $i%&t t' 3e#$e*ent f'$ *enten)in%. Defendant a*4* t&at t&e #lea t' t&e a3've )&a$%e 3e a))e#tedand t&at *enten)e 3e i#'*ed #+$*+ant t' t&e #lea a$$an%eent a%$eed +#'n 3 t&e#a$tie* -it&'+t t&e f'$alit 'f t&e $e)'$d $e5+i$ed 3 R+le* ." and .10 'f t&e I'-aR+le* 'f C$iinal P$')ed+$e.

T&e C'+$t &e$e3 inf'$* Defendant t&at Defendant2* #lea 'f %+ilt t' t&ea3've6$efe$en)ed )&a$%e i* a))e#ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant i* ad7+di)ated %+ilt 'f t&e )$ie 'f O#e$atin% W&ile

Int'(i)ated, Fi$*t Offen*e, in vi'lati'n 'f I'-a C'de /1... Defendant i* &e$e3 *enten)ed a* f'll'-*8

a. Defendant *&all #a all 'f t&e f'll'-in% finan)ial '3li%ati'n*891: a fine in t&e *+ 'f ;1,


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9: Defendant *&all '3e all la-*=

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

a)t+all 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 9e.%., $e*ta+$ant: -&e$e al)'&'l i**e$ved, *' l'n% a* t&e #$ia$ #+$#'*e 'f t&e e*ta3li*&enti* n't t&e *e$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

9?: Defendant *&all )'#l -it& all te$* 'f t&i* O$de$,in)l+din% #ain% all finan)ial '3li%ati'n* and )'#letin% all$e5+i$ed ta*4* in a tiel anne$=

d. Defendant &a* '3tained a *+3*tan)e a3+*e eval+ati'n. Defendant*&all f'll'- an $e)'endati'n* f'$ 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*'$ed 3 t&e )'+nit )'lle%e **te. On '$ 3ef'$e t&e 0t& da f'll'-in% t&e filin% 'f t&i* O$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 )'+nit. 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'$ $i%&t t' a##eal 3 filin% -$itten n'ti)e 'f a##eal-it& t&e Cle$4 'f C'+$t 'f t&i* )'+nt -it&in /0 da* 'f t&e date 'f t&e*e #$')eedin%*.If Defendant i* +na3le t' #a t&e )'*t* 'f a##eal, Defendant a a##l t' t&e C'+$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



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4

I'-a C'de Se)ti'n* "1?.@ and "1?.11. Filin% a n'ti)e 'f a##eal -it&in t&e tie and int&e anne$ *#e)ified in I'-a R+le 'f A##ellate P$')ed+$e .101 i* 7+$i*di)ti'nal andfail+$e t' )'#l -it& t&e*e #$'vi*i'n* *&all #$e)l+de Defendant2* $i%&t 'f a##eal.


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Type: OTHER ORDER



So Ordered




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