Post on 01-Jun-2018
8/9/2019 SRCR012750 - Nemaha woman pleads guilty to Assault on Persons Engaged in Certain Occupations.pdf
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8/9/2019 SRCR012750 - Nemaha woman pleads guilty to Assault on Persons Engaged in Certain Occupations.pdf
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SAC COUNTY
15-140 Agency Case Number:
02/06/2015 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
HORTON
Last
PATRICIA
First
MICHELLE
Middle Suffix
220 S. 3RD ST.
Address
NEMAHA
City
IA
State
50567
Zip Code
11/14/1967
Date of Birth
FEMALE
Gender
HITE - W
Race
NOT OF HISPANIC ORIGIN - N
Ethnicity
FL
State
5' 06"
Height
166 LBS
Weight
BLUE - BLU
Eye Color
BROWN - BRO
Hair Color
OFFENDER
State Local
708.3A(4)
Code Section
ASSAULT ON PERSONS IN CERTAIN OCCUPATIONS
Crime Description
SRMS
Class
15 - JAIL/PRISONLocation Type
ILLIAMS ST AND W STATE ST
Literal Description
100 NW STATE ST
Address
SAC CITY
City
IA
State
50583
Zip Code
YES
Is Date and Time of Incident Known?
02/06/2015
Incident Date or Low Range Upper Date Range
00:50
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
assault ___, a peace officer, jailer, correctional staff, member or employee of board of parole, health care provider, employee of the department ofhuman services or firefighter, knowing that ___ was a peace officer, jailer, correctional staff, member or employee of board of parole, health careprovider, employee of the department of human services or firefighter
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
assault ___, a peace officer, jailer, correctional staff, member or employee of board of parole, health care provider, employee of the department ofhuman services or firefighter, knowing that ___ was a peace officer, jailer, correctional staff, member or employee of board of parole, health careprovider, employee of the department of human services or firefighter
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
Last First Middle Suffix
SAC COUNTY SHERIFF'S OFFICE
Business/Organization/State/County/Municipality Name
100 NW STATE ST
Address
SAC CITY
City
IA
State
50583
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
Called to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirleyadvised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side ofCalled to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirleyadvised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side of
of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-1401 22/6/2015 8:13 AM
E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT
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the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain thisto Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused andcontinued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail. While at the jail, Patriciarefused to answer routine jailer question for booking. As Deputy Biede and I went to place Patricia in a jail cell. Patricia began to shove Deputy Biedeand I. Patricia then swung her right hand which struck me in the face. Patricia was then assisted into the jail cell.
the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain thisto Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused andcontinued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail. While at the jail, Patriciarefused to answer routine jailer question for booking. As Deputy Biede and I went to place Patricia in a jail cell. Patricia began to shove Deputy Biedeand I. Patricia then swung her right hand which struck me in the face. Patricia was then assisted into the jail cell.
BURNS, JOEL 81-7
Signature of Complainant or Officer, Officer Name & Number
02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME
Defendant Implicated
Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
GENERAL PROBABLE CAUSE
SAC COUNTY
02/06/2015
JENNIFER SCHRAMMNotary Name Signature of Verifying Party
786033Commission 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 15-1402 22/6/2015 8:13 AM 2 22/6/2015 8:13 AM
E-FILED 2015 FEB 6 8:12 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.
PATRICIA M HORTON , Defendant.
Case No: 02811 SRCR012750
ORDER ON INITIAL APPEARANCE
Charges:01 - 708.3A(4) - ASSAULT ON PERSONS IN CERTAIN OCCUPATIONSUpon 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 and you cannot qualify for awork permit for 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 FEB 06 11:20 AM 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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E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT
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Preliminary Hearing is scheduled on 02/23/2015 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 Sheriff
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E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-02-06 11:20:08
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E-FILED 2015 FEB 06 11:20 AM SAC - CLERK OF DISTRICT COURT
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EN TH E IOWA DISTRICT C O UR T F O R .
S T A T E O F IOWA
or.
vs.
Plaintiff/Petitioner
Defendant/Respondent.
FILE
a»5FEB
6 P M
„
s
Sac
C O U N T Y
^Criminal Civil
N
„. 'z X c S s m
-
FINANCIAL
A F F I DA VI T /A P P LI C A T I O N
F O R
APPOINTMENT
OF
C O U N S E L
In support-ofmy application for appointment of
counsel,
and under penalty of perjnry, the undersigned
states:
Name: Birth Date:
C e l l
Phone:3
C H
tic^ f
^ ^ a i l :
City
Stete Zip
Home
Phone:
Street Address: 2 ft & * *4 «>*1 D
Street/P.O. Box Apt
City
Pending charges:
Do you have
a
job? No Job •
Ye s , F u l l Time
•
Ye s ,
Part
Time (List
Hours/week: )
Zip
In Jail?
• Yes ¥
N o
Who do you work for?
How much money do
you
currently make before taxes or deductions?
per • hour Jfl month • year
How much money have
you
made in the last 12 months
from
any source, before taxes or deductions? ^7^7 7^
How
many
family
members are supported by or
live with
you? \
I f a spouse lives with you, how much money does your spouse make?
per • hour • month • year
List
al l
other money you, or anyone else living
in
your
household,
has coming in:
List what you own including money in banks, cars,
trucks,
other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
List
amounts you pay monthly for mortgages, rent, car loans, credit cards,
child
support, or any other debts:
U i\
I
understand
I may be required to
repay
the State for all or part of my
attorney
f s 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
jfchê stateinents I
make
in this
application
are true
and that I am
unable
to pay for an
attorney
to
represent
me./
Date
Signature \fAC)Sl\ r^
y
^
Rev. 1/6/12
8/9/2019 SRCR012750 - Nemaha woman pleads guilty to Assault on Persons Engaged in Certain Occupations.pdf
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IN T H E I O W A D I S T R I C T C O U R T F O R
C O U N T Y
Pla in t i f f
jo
D e f e n d a n t
C a s e
N o .
uthorization
fo r
Return
o f C a s h o n d
Following rrest
a n d o n d
Information
sen
a r re s ted and
c a s h
b ond has be en pos ted in tne amount o t $
t ime:
. for the^crim e
a p p e a r
at the
posted is e l ig ib le for
o
CO
m
C D
I state that I have pos ted
c a s h
bond fo r the Defendant and au thor i ze the fo l low ing (on ly check one op t ion) : o S - i
( ) W he n the bond has been re lea se d p lea se i ss ue a che ck fo r the en t ire amou nt paya b le to me .* _
-— o
( ) W he n the bond has been re lease d p leas e pay the de fendant ' s f inanc ia l ob l iga t ion , inc lud ing bu t ngh l im i ted 3>
to f ines , surcharges and cos ts , on the above s ta ted c a s e and then i ssue a check to me fo r the ba lance. * -
0
( ) Whe n the bond has been released please release the money to the defendant. ** (check this option only if
the mone y belongs to the Defendant)
' P u r s uan t t o low a C o d e sec t ion 602.8103(6) , with proper not ice, any refund to the person post ing the
c a s h
bond
will
be appl ied to ex is t ing cr iminal debt due and owing to the State of lowa in th is county.
All
bond refunds
will
be ma de by chec k th rough the m ai l .
Pursuant to lowa Code section 811.8(2) - upon final disposition of a case, the clerk of court shall return the
cash bail to the person who de posited the money. Written permission must be obtained if the cash is to be used
for or released to anyone other than the person who posted the bond.
I h av e read and u nd e r s t an d t h e abov e i n f orma t ion ,
be ing pos ted .
/have checked one box fp r f i na l d i sbursement o f the bond
Date:
Pr in ted Name o f
.Pe rson
P os t i ng B ond
IILcU INdlllC Ut.r fcJioUM r UollJiy DUIIU *~
Vis
t
fv-NrvA.il-
Signature o f perso n pos t ing bond
(W/7/
be used for verification of identity when bo nd is released)
A d d r e s s ,
C i ty , State & Zip (Make su re the Clerk of Court is kept adv ised of current addres s) P h o n e #
Dr iver ' s L i cen se No . and S ta te o f I ss uanc e Em ai l
C o p y
o f th i s document was prov ided to the Defendant on (date)
Printed
Nam e and Title of
Person
Providing Document
Signature of
Person
Providing Document
8/9/2019 SRCR012750 - Nemaha woman pleads guilty to Assault on Persons Engaged in Certain Occupations.pdf
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STATE OF IOWA,
PLAINTIFF
.V?.
,
01STRIC1
COunT
UF
IOWA
SAC
COUNTY
I O W A
DISTRICT C O U R T F O R S A C C O U N T Y FILED
W »
9
NO
8= 55
APPLICATION TO WAIVE
ATTORNEY AND
PROCEED
PRO
SE)
DEFENDANT
In supp or t o f m y app l i ca t ion to wa ive a t to rn ey I s ta te :
1. I kn ow I have a
right
to be repre sen ted by an a t to rney in th is
case
a n d th t if I can no t a f fo rd to h i re an a t to rn ey , the C our t wo uld ap po in t
c o u n s e l
f o r m e ,
without
any in i t ia l costs on my part . I
further
real ize
th t I wo u ld u l t ima te ly have to re imb urse the S ta te fo r those exp en ses .
2. I kno w th t an a t to rne y w ou ld rep resen t my in teres t i n a l l cou r t
p roceed ings and would be ava i lab le to answer ques t ions fo r me. I am
a w a r e th t the re ma y be defe nse s to the charges against me th t I as a
no n- law yer m ay not be awa re o f . I kn ow a lawyer wou ld g ive me the
o p p o r t un i t y t o o b t a in a n i nd e p e nd e n t o p i n i o n o n h o w t o p r o c e e d a nd
d e f e nd t h e
case
aga ins t me.
3 . I kn ow the C oun ty A t to rn ey and h is s ta f f do no t represent me but
ra ther a re respo ns ib le fo r p rosecu t ing me . I kno w th t I can no t re ly
up o n t h e Co u n t y A t t o r ne y f o r le g a l a d v i c e .
4 . H a v i ng c o ns i d e r e d m y right to co u n se l , t o g e t h e r with the r isk and
d isadvantages o f p roceed ing
without
an a t to rne y , I wan t to repres en t
myse l f and I wa nt to wa ive my right to an a t to rney .
efendant
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF, VS. PATRICIA M HORTON ,
DEFENDANT.
02811 SRCR012750
ORDER RE:APPLICATION FOR APPOINTMENT
OF COUNSEL
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 financialhardship.
Attorney James S. Schall (712) 291-6807, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.
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E-FILED 2015 FEB 09 10:25 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: ORDER APPOINTING
So Ordered
Electronically signed on 2015-02-09 10:25:15
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E-FILED 2015 FEB 09 10:25 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 10 10:51 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 16 2:26 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS
PATRICIA M HORTON
Defendant
02811 SRCR012750
ORDER
Defendant's motion to withdraw is sustained.
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E-FILED 2015 FEB 18 12:55 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: OTHER ORDER
So Ordered
Electronically signed on 2015-02-18 12:55:11
2 of 2
E-FILED 2015 FEB 18 12:55 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. SRCR012750
Plaintiff,
vs. TRIAL INFORMATION
PATRICIA MICHELLE HORTON,DOB: 11/14/1967 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, Patricia Michelle
Horton of the crime of ASSAULT ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS, a
Serious Misdemeanor in violation of Iowa Code Sections 708.1 and 708.3A(4) committed as
follows:
The said Defendant, Patricia Michelle Horton, on or about February 6, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully assault Deputy Joel Burns, a peace
officer, jailer, correctional staff, member or employee of board of parole, health care provider,
employee of the department of human services or firefighter, knowing that Deputy Joel Burns
was a peace officer, jailer, correctional staff, member or employee of board of parole, health
care provider, employee of the department of human services or firefighter.
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: attorney@saccounty.org
E-FILED 2015 FEB 18 2:48 PM SAC - CLERK OF DISTRICT COURT
mailto:attorney@saccounty.orgmailto:attorney@saccounty.org
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THE STATE OF IOWA vs. PATRICIA MICHELLE HORTON
Criminal No. SRCR012750
COUNT I: Assault on Persons Engaged in Certain Occupations
NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
E-FILED 2015 FEB 18 2:48 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
SRCR012750 STATE OF IOWA VS HORTON, PATRICIA M
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 2015-02-18 14:48:36 page 3 of 3
E-FILED 2015 FEB 18 2:48 PM SAC - CLERK OF DISTRICT COURT
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
PATRICIA M HORTON ,
Defendant.
Case No: 02811 SRCR012750
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 03/04/2015 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 FEB 18 2:48 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012750 STATE OF IOWA VS HORTON, PATRICIA M
So Ordered
Electronically signed on 2015-02-18 14:48:37 page 2 of 2
E-FILED 2015 FEB 18 2:48 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
PATRICIA M. HORTON,
Defendant.
No. SRCR012750
REPORT OF PRETRIALCONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On February 13, the parties conducted a Pretrial Conference, anticipating
an order for the same. The State of Iowa appeared by the Sac County Attorney,
Ben Smith. Defendant, after executing the “ pro se” waiver, and after her court-appointed attorney, Jim Schall, informed the undersigned he planned to
withdraw from the matter, Defendant appeared pro se. The parties, through the
undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information, pay the
minimum fine and all applicable costs, and the State has agreed to dismiss the
companion citation filed in SMCR012751, and recommend to the Court that
Defendant be placed on informal probation through the Sac County Probation
Office. Further, Defendant intends to submit a written guilty plea by March 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 FEB 20 12:26 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 SRCR012750 - Nemaha woman pleads guilty to Assault on Persons Engaged in Certain Occupations.pdf
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
PATRICIA M HORTON ,
Defendant.
02811 SRCR012750
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 03/04/2015 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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E-FILED 2015 FEB 20 3:47 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: OTHER ORDER
So Ordered
Electronically signed on 2015-02-20 15:38:59
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E-FILED 2015 FEB 20 3:47 PM SAC - CLERK OF DISTRICT COURT
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I N T H E I O W A D I S T R I C T C O U R T IN A N D F O R
S A C C O U N T Y
^
o
tn
T A T E O F I O W A , *
Plaintiff No. SRCRO12750 ^
tn
?°
PO
vs.
WRITTEN ARRAIGNMENT
cTi FgS
PATRICIA
M I C H E L L E HORTON PLEA OF
NOT
GUILTY » S§=^
Defendant.
*
ProSe
oo _
o
C O M E S
N O W the
Defendant in
the above-captioned
criminal
case and under oath
states:
1. I have been
informed
of
my
right to be represented by an
Attorney,
and decline to be
represented by an attorney and I
wish
to proceed
ProSe.
2.
M y
current
mailing
and residence addresses and telephone number are:
Address:
M X
L M f c - f e K j J ^
I \2.
Telephone:
3.1 can read and understand English language and have completed the following level of
education:
4.
I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this
Written Arraignment
and
Plea
o f
Not
Guilty.
I understand
that
times
for
further
proceedings
which
are computed from the
date
of arraignment
wi l l
be computed from the
date
of
filing
this Written Arraignment
and Plea
o f
Not
Guilty.
5.
I have received a copy of the
Trial
Information
which
charges me
with
the crime of
A S S A U L T
ON P E R S O N S
E N G A G E D
IN
C E R T A I N
O C C U P A T I O N S a S E R I O U S
M I S D E M E A N O R in
violation
oflowa Code Sections 708.1 and 708.3A(4). I have read
it and I have
familiarized myself
with it contents.
6. W ith regard to the name by
which
I am charged in the
Trial Information
(either check a
or
check and complete b ):
(i^a. The name on the Trial
Information
is my true name. I have been
advised
and
understand that I am now precluded from
objecting
to the Trial
Information
upon the
grounds
that
I am
improperly
named.
( ) b. The name
shown
on the Trial
Information
is not my true name.
M y
true name
is . I request that an entry be made in the
minutes showing my true name. I have been advised and understand further
proceedings
wil l be had against me by
that
true name, the
Trial Information
w i ll be
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amended accordingly, and when the
Trial
Information is so amended, I
w i l l
be
precluded from
objecting
upon the grounds I am improperly named.
7.
I have 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 contemplate my case,
and
I
waive
any
further
time in
which
to enter a
plea.
9.
I plead
N O T G U I L T Y
to the charge,
in
paragraph
5
above.
10.
I have been advised and understand
that
I have a right under Rule 27(2)(b) of the Iowa
Rules
of
Criminal
Procedure to a
trial within
ninety days/one year after the
filing
of the
Trial Information
and (check either
a
or b ):
(
) a. I demand a speedy
trial
pursuant to Rule 27(2)(b) and (c).
(i/fb^I waive
my right to a speedy
trial
pursuant to
Rule
27(2)(b) and (c).
11.
I request
that
a
trial date
be set pursuant to Rule
8. lo f
the
Iowa Rules o f Criminal
Procedure.
I
wi l l
be
available for trial
on the following
days:
.
Defendant,
Patricia
Michelle
Horton
ST A T E O F
Te^-,^
)
t £ ^ - C O U N TY
)
On
this J o day of /L 2015 before my the undersigned, a Notary
Public
in
and
for
said State,
personally
appeared
to me known to be the identical person named
in
and who executed the
foregoing
instrument,
and acknowledged
that she executed the same of
her voluntary
act and deed.
ary
PubTTc
in
and
for
the State of \ ^
Original e-filed
Copy
to:
Defendant
~
~
NAZIEH
A HAMED
My Commission Expires
October
28 2017
•
w
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I N T H E I O W A DISTRICT C O U R T
IN
A N D FO R
S A C C O U N T Y
S T A T E OF I O W A
Plaintiff
vs.
PATRICIA
M I C H E L L E
H O R T O N
D O B : 11/14/1967
Defendant.
N o.
SRCR012750
G U I L T Y P L E A
(Serious Misdemeanor)
c n
ZS.
33
cn
o
cn
—i
w o
COUNT
I
I, the undersigned Defendant,
have carefully
read and
fully understand
the
following:
o
A.
I am charged with A S S A U L T ON
P E R S O N S
E N G A G E D IN C E R T A I N
O C C U P A T I O N S , in violation of Iowa Code Sections 708.1 and 708.3A(4), a Serious
Misdemeanor; and I hereby
request
that my plea
o f guilty
to the
charge
be
entered
o f
record.
B . The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one
year in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all court
costs and all costs and
fees
incurred for legal assistance. There is a minimum fine of $315.00,
plus a 35% surcharge in the amount of $110.25, which is immediately due on the date of
sentencing unless a payment plan is 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 an additional
L aw Enforcement Initiative surcharge of
$125.
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
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 o f
probation and the suspension of the
sentence
imposed.
C. I understand that, a criminal
conviction,
deferred judgment or deferred sentence may affect my
status under federal immigration laws.
D. 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 o f 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
attomey
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.
o
1
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(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.
(7)
.
At trial, I would be entitled to
present
witnesses to testify on my behalf and to
compulsory
process
to
secure those
witnesses.
E. 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 i f l 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, 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, Assault on Persons
Engaged in Certain Occupations. The recommended
sentence
is thirty days in the Sac County
Jail, which will be suspended: with credit for time served. I will be placed on informal
probation to the Sac County Probation
Officer
for a period
of
one (1) year
from
the Judgment
entry date. I
will
pay a fine in the amount of $315.00. plus the 35% surcharge in the amount
of $110.25, and court costs; to be paid as approved in the Sac County Standard Probation
Agreement. The plea
agreement
includes the recommendation, by the County Attorney, for
dismissal of the companion complaint SMCRO12751, with court costs
assessed
to the
defendant.
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.
I now state to the Court that I am, in fact G U I L T Y 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: Assault is anv act which is intended to
cause
pain or injury to, or which is
intended to result in physical contact which
will
be insulting or offensive to
another,
with the ability to execute such an act, and the act was committed upon a uniformed
peace
officer,
while knowing the person was a peace
officer.
I understand
the
nature o f
the
charge against
me.
G .
This
offense
was
committed
by me in Sac
County
Iowa by my
doing
the
following:
I did on
or about the 6
th
dav of February 2015 at 100 NW State St in Sac Citv
lowa unlawfully
and willfully assault
Joel
Burns a uniformed peace
officer
who is employed bv the
Sac
Countv Sheriffs Department
while
knowing
that
Joel Burns
was a
peace officer
by
striking Deputy Burns
in the
face.
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 bargain
disclosed to the Court at the time of this guilty plea.
H . 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 ofthis guilty plea unless I waive this right. In order to
contest
this plea of
guilty,
I
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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
o
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
MOTI ON IN ARREST
OF
J U D G M E N T
If the Court accepts my
plea
o f guilty, I wish to be sentenced now. I understand
that:
1. In order to contest this plea of guilty, I must file a M otion 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.
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
rom
sentencing.
With
th e
above
in
mind
and
further understanding that my decision whether to
b e
present
or
not
is
my
own
decision hereby knowingly
and
voluntarily waive
th e
right to
b e
present at my
sentencing.
\J
it, Patricia M ichelle Horton
STATE O ~fZjG\
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1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
PATRICIA MICHELLE HORTON,
Defendant.
SRCR012!0
RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER
DATE: Ma"#$ 1, 201!
CHARGE: A%%a< 'n Pe"%'n% En(a(ed in Ce"tain O##&)ati'n%, a %e"i'&%*i%de*ean'", in vi'lati'n 'f I'+a C'de 0-.1 and 0-.A/
Defendant $a% filed a +"itten (&ilt )lea and a +aive" 'f Defendant3% "i($t t' 4e)"e%ent f'" %enten#in(. Defendant a%5% t$at t$e )lea t' t$e a4've #$a"(e 4e a##e)tedand t$at %enten#e 4e i*)'%ed )&"%&ant t' t$e )lea a""an(e*ent a("eed &)'n 4 t$e)a"tie% +it$'&t t$e f'"*alit 'f t$e "e#'"d "e6&i"ed 4 R&le% 2.- and 2.10 'f t$e I'+aR&le% 'f C"i*inal P"'#ed&"e.
T$e C'&"t $e"e4 inf'"*% Defendant t$at Defendant3% )lea 'f (&ilt t' t$ea4've7"efe"en#ed #$a"(e i% a##e)ted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i% ad8&di#ated (&ilt 'f t$e a4've7de%#"i4ed #"i*e and)&"%&ant t' I'+a C'de Se#ti'n 90.1.
2. Defendant i% $e"e4 %enten#ed a% f'll'+%:a. Defendant %$all )a finan#ial '4li(ati'n% a% f'll'+%:
/1 a fine in t$e %&* 'f ;1!.00</2 a != %&"#$a"(e 'f ;110.2!</ "e%tit&ti'n in an a*'&nt t' 4e dete"*ined at a late" ti*e.
T$e State %$all file a %tate*ent 'f )e#&nia" da*a(e% +it$in0 da% 'f t'da3% date, '" n' "e%tit&ti'n %$all 4e '"de"ed.>)'n filin( 'f %$ a %tate*ent, t$e a*'&nt #lai*ed in t$e%tate*ent %$all 4e #'n%ide"ed t' 4e '"de"ed t' 4e )aid&nle%% Defendant '48e#t% t' t$e #lai*ed a*'&nt 4 filin( an'48e#ti'n +it$in 10 da% 'f t$e filin( 'f t$e %tate*ent. Int$at event, t$e C'&"t %$all i%%&e an '"de" e%ta4li%$in( t$e"e%tit&ti'n a*'&nt, +it$ '" +it$'&t a $ea"in( a% t$e C'&"tdee*% a))"')"iate< and
/ t$e #'&"t #'%t% 'f t$i% a#ti'n.
E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT
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2
Defendant %$all )a all finan#ial '4li(ati'n% '+ed t' t$e Cle"5 'fC'&"t 'f t$i% #'&nt '" 'nline at +++.i'+a#'&"t%.('v. Defendant%$all )a finan#ial '4li(ati'n% 4 +a 'f a )lan 'f )a*entdevel')ed 4 t$e Sa# C'&nt P"'4ati'n Offi#e
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3
%enten#in( "e#'**endati'n 'f t$e )a"tie%.. Defendant $a% a %tat&t'" "i($t t' a))eal 4 filin( +"itten n'ti#e 'f a))eal
+it$ t$e Cle"5 'f C'&"t 'f t$i% #'&nt +it$in 0 da% 'f t$e date 'f t$e%e )"'#eedin(%.If Defendant i% &na4le t' )a t$e #'%t% 'f a))eal, Defendant *a a))l t' t$e C'&"t f'"a))'int*ent 'f #'&n%el and t$e f&"ni%$in( 'f a t"an%#"i)t 'f t$e eviden#e a% )"'vided in
I'+a C'de Se#ti'n% -1.9 and -1.11. Filin( a n'ti#e 'f a))eal +it$in t$e ti*e and int$e *anne" %)e#ified in I'+a R&le 'f A))ellate P"'#ed&"e ?.101 i% 8&"i%di#ti'nal andfail&"e t' #'*)l +it$ t$e%e )"'vi%i'n% %$all )"e#l&de Defendant3% "i($t 'f a))eal.
!. A))eal 'nd i% %et in t$e %&* 'f ;2,000.00, #a%$ '" %&"et.?. An #a%$ 4ail )'%ted 4 Defendant '" 'n Defendant3% 4e$alf 4 a t$i"d
)a"t t$at $a% a#5n'+led(ed '" a("eed t$at t$e *'ne )'%ted #an 4e a))lied t'+a"dDefendant3% finan#ial '4li(ati'n% %$all 4e a))lied t'+a"d Defendant3% finan#ial'4li(ati'n%. All #a%$ 4ail "e*ainin(, if an, afte" )a*ent 'f Defendant3% finan#ial'4li(ati'n% and all #a%$ 4ail )'%ted 4 a t$i"d )a"t t$at $a% n't a#5n'+led(ed '"a("eed t$at t$e *'ne )'%ted #an 4e a))lied t'+a"d Defendant3% finan#ial '4li(ati'n%i% $e"e4 e'ne"ated and %$all 4e "et&"ned t' t$e )e"%'n )'%tin( t$e #a%$ 4ail. All n'n7#a%$ 4ail 4'nd% )'%ted, if an, a"e $e"e4 e'ne"ated.
. IT IS F>RTHER ORDERED t$at Ca%e N'. SMCR012!1 i% di%*i%%ed &)'n*'ti'n 'f t$e #'&nt att'"ne and )&"%&ant t' )lea a("ee*ent. C'%t% a"e taed t' t$eDefendant.
Cle"# Shall F"nish Copies To: C'&nt Att'"neDefen%e C'&n%elC'&nt S$e"iff
E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012750 STATE OF IOWA VS HORTON, PATRICIA M
So Ordered
Electronically signed on 2015-03-18 09:16:57 page 4 of 4
E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 MAR 19 11:24 AM SAC - CLERK OF DISTRICT COURT