Early Woman Pleads Guilty to Possession of Marijuana 1st Offense

Complaint

STATE OF IOWA Vs.

Brenda Lynn Peters

E-FILED 2014 FEB 26 11:10 PM SAC - CLERK OF DISTRICT COURT

Item #: 2014-1953 STATE OF IOWA, COUNTY OF SAC

Before (Judge, Magistrate)

Criminal Case No.

Defendant

Address 407 Hwy 71

Early, IA 50535

Dateof Birth 8/13/75

REDACTED Complaint

Serious Misdemeanor

The defendant is accused of the crime of Possession of a controlled substance Marijuana in violation of (Section

124.401(5) of the Code of lowa) or Ordinance No. of the City of , in that the defendant on the 24th day of

February , 2014, at the 407 Hwy 71 in Early, IA in Sac County, did :

Knowingly possess a green leafy substance known to be marijuana.

(State acts or omissions constituting offense) Dated

'Complainant

Address

Complainant

Statutory Reference 804.1 Code of lowa

STATE OF IOWA, COUNTY OF SAC, ss.

I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other

reliable persons form my belief that Brenda Peters the defendant committed the crime charged.

On 2/24/14 at 407 Hwy 71, B.P.'s daughter S £ > - - ._ called me, Deputy Cudaback and advised that she found drugs paraphernalia. Deputy Biede and I got written permission to search the residence from Thomas Hammond who also resides at the residence. I located a broken marijuana pipe and marijuana wrapped in a towel on the kitchen table. I then located a small plastic bowl in a bedroom. Inside the bowl I located marijuana.

Subscribed and sworn to before me by the said the 2fA dav of fe-b 20 H .

/fWk

JENNIFER S C H R A M M Commission Number 770007

MY COMMISSION EXPIRES OCTOBER 6. 20jM_

Signature

/ J N fcJerk or Notary PubMp in the State of

_, Complainant, on

lowa

E-FILED 2014 FEB 27 9:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. BRENDA L PETERS , Defendant.

02811 SRCR012509

ORDER

Defendant did not appear pursuant to summons. The clerk shall issue a second summons for March10, 2014 at 9:00 a.m. If defendant does not appear by noon on that date a warrant for her arrest shallissue.

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E-FILED 2014 MAR 03 10:05 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012509 STATE VS BRENDA LYNN PETERSType: OTHER ORDER

So Ordered

Electronically signed on 2014-03-03 10:05:25

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA

Plaintiff

vs

BRENDA L PETERS Defendant

Case No. 02811 SRCR012509

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:POSS OF A CONTROLLED SUBSTANCEin violation of Section(s) 124.401(5) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on03/10/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable ascontempt of court.

/s/ SHELLEY BASS

CLERK OF DISTRICT COURTSAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).

E-FILED 2014 MAR 03 1:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRENDA L PETERS , Defendant.

Case No: 02811 SRCR012509

INITIAL APPEARANCE

Charges:01 - 124.401(5) - POSSESSION OF A CONTROLLED SUBSTANCE (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 $1,000 plus 35%25 surchage andcosts 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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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: Conditions of release: No drugs or alcohol during the pendancy of this matter. You must obey all lawsof Iowa and the United States. 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 03/31/2014 at 9:00 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 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 CourtsCase Number Case TitleSRCR012509 STATE VS BRENDA LYNN PETERSType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN THE IOWA DISTRICT COURT FOR Sac

DISTRICT COUH'I U r m A

• SAC COUHJY

Nik PM 2-- 07 COUNTY

STATE OF IOWA or

vs.

Plamtiff/Petitioner,

Defendant/Respondent;

X No.

Criminal Civil

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

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

Name: ^ f C Y"\ \ & r M 3 Birth Date:

y, me unaersigaeu siai

Home Phone: Cell Phone:^^^ ~ 1 T \ E-mail:

Street Address: HOI HVIU 1\ ror\u Street/P.O. Box \ ^ Apt # City \

A A 6553 f State

Pending charges

Do you have ajob?

Who do you work for?

A V I J ^ p a m l N n l ^ •<V\or\QW^ MMI? • ? • No Job • Ye|, Full Time ^ Yes, Part Time (Lisfflours/week: 1

Zip

Yes )&No

IT) ^ > tionjl L 9 ^ Q per'^hour • How much money do you currently make before taxes or deductions? L A V / per Ip^hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductions? l 3 [

How many family members are supported by or live with you? 3 . . . .

If a spouse lives with you, how much money does your spouse make? r ) | 0 ft f j Q per • hour • month^^ year

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

List what you own including mone^ipJjanks, ears, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100:

ey in banks, cars, trucks, other vehicles, land, he

List amoun^oupav monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

8FK ~ ' -for mortgag

ft Car pv r , credit cards, child support, or any ott

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me.

. Date ) SU\ 14 Signature 3> AJLWP

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. BRENDA L PETERS , DEFENDANT.

02811 SRCR012509

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Robert Peterson 712-8792-4485, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleSRCR012509 STATE VS BRENDA LYNN PETERSType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff, vs. BRENDA l. PETERS, Defendant.

Criminal Number SRCR012510 WAIVER OF PRELIMINARY HEARING

The Defendant, Brenda L. Peters, by and through her attorney, provides written notice

of waiver of preliminary hearing.

___/s/ Robert E. Peterson___________ ROBERT E. PETERSON, AT0009773 P.O. Box 1144 Carroll, IA 51401 Phone: 712-792-4485 Facsimile: 712-792-4124 Email: [email protected]

ATTORNEY FOR DEFENDANT


1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012509 Plaintiff, vs. TRIAL INFORMATION

BRENDA LYNN PETERS,DOB: 08/13/1975

Defendant.

COUNT ICOMES 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, Brenda Lynn Peters

of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLEDSUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section

124.401(5) committed as follows:

The said Defendant, Brenda Lynn Peters, on or about February 24, 2014 in the County

of Sac and State of Iowa, did unlawfully, and willfully knowingly or intentionally, possess a

controlled substance, to-wit: Marijuana, a Schedule I Controlled Substance.

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 APR 03 11:03 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

2

THE STATE OF IOWA vs. BRENDA LYNN PETERSCriminal No. SRCR012509COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT

S.D., A JUVENILE

THOMAS ALLEN HAMMOND, OCCUPATION UNKNOWN


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleSRCR012509 STATE VS BRENDA LYNN PETERS

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 2014-04-03 11:03:14 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs BRENDA L PETERS , Defendant.

Case No: 02811 SRCR012509 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 04/16/2014 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



Type: ORDER FOR ARRAIGNMENT


So Ordered




STATE OF IOWA, Plaintiff,

v.

BRENDA LYNN PETERS, Defendant.

Criminal No. SRCR012509

WRITTEN ARRAIGNMENT AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath

states:

1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108

West 8th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are: 407 Hwy 71, Early,

IA 50535 712-299-7812

3. I am :1(j years old. I can read and understand the English language and have completed the

following level of education: Hs:

4. I have been advised by the above named attorney and understand that I have a right to arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this

written arraignment and plea of not guilty. I understand that times for further proceedings

which are computed from the date of arraignment will be computed from the date of filing this

written arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) of

Possession of a Controlled Substance: marijuana in violation of Iowa Code section(s) 124.401(5) (2013). I have read it, and I have familiarized myself with its

contents.

6. With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"):

a. The name shown on the indictment/trial information is my true name. I have been

advised and understand that I am now precluded from objecting to the indictment/trial information upon the ground I am improperly named.

[ ] b. The name shown on the. indictment/trial information is not my true name. My true name is . I request that an entry be made in the minutes

E-FILED 2014 APR 14 3:54 PM SAC - CLERK OF DISTRICT COURT

\so IROBERT E. PETERSON Commission Number 75 8404

MY COMMISSIQNEXPI MAY 21, /0

Notary public other officer authorized to take and certify acknowledgements and administer oaths.

[seal]

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

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

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

9. I plead NOT GUILTY to the charge(s) of Possession of a Controlled Substance: Marijuana

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90 days after indictment/filing of trial information and [check either "a" or "b"]: [ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b). [7\1b. 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. My attorney and I will be available for trial on the following days:

Defendant

State of Iowa Carroll County, ss.

Subscribed, sworn to, and acknowledged before me by Brenda Peters this /On ( , 20

day of

E-FILED 2014 APR 14 3:54 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. BRENDA L PETERS , Defendant.

Case No: 02811 SRCR012509 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on April 14, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 05/21/2014 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 06/24/2014 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.

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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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State of Iowa CourtsCase Number Case TitleSRCR012509 STATE VS BRENDA LYNN PETERSType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, Plaintiff, v. BRENDA L. PETERS, Defendant.

Case No. SRCR012509

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On May 21, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State was / is represented by Sac County Attorney Ben Smith. Defendant was / is represented by Attorney Robert Peterson. 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 and pay any minimum fines, penalties, costs, etc. and the State has agreed to recommend to the Court that Defendant receive a deferred judgment and be placed on informal probation for one year. Defendant intends to submit a written guilty plea by July 2, 2014. 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: [email protected]

E-FILED 2014 MAY 27 1:38 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. BRENDA L PETERS , Defendant.

02811 SRCR012509

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 07/02/2014 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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State of Iowa CourtsCase Number Case TitleSRCR012509 STATE VS BRENDA LYNN PETERSType: OTHER ORDER

So Ordered


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STATE OF IOWA, Case No. SRCR012509 Plainta

VS. Guilty Plea

BRENDA LYNN PETERS, Defendant.

COUNT I

I, the undersigned Defendant, have carefully read and fully understand the following:

I am charged with POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE, FIRST OFFENSE, and 1 hereby request that my plea of guilty to the charge be entered of record.

A. The maximum punishment for this crime is: • For the first offense, imprisonment of not more than six months 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. The surcharges include a 35% surcharge, a $125 Law Enforcement Initiative Surcharge and a $10.00 DARE surcharge. All costs, surcharges, fines, civil penalties are immediately due, unless a payment plan is approved by the court within thirty days of the judgment date. The crime of First Offense Possession of Controlled Substance, Marijuana, is a Serious Misdemeanor.

• If a Deferred Judgment is not granted, the Court will also order the Department of Transportation to revoke my driver's license for 180 days. This is in addition to any suspension or revocation of driving privileges I am presently serving.

• In addition, for any Possession of Controlled Substance conviction the Court shall consider and may order denial of certain Federal and comparable State benefits, such as student loans, grants, contracts, professional or commercial license. This does not include retirement, welfare, Social Security, health, disability, veteran's benefits, public housing or similar benefits. • I will be required to pay correctional fees for incarceration and enrollment fees for probation. I am aware that sentencing options may include deferral of Judgment and Sentence, the grant of probation and the suspension of sentence imposed. • I understand I may be required to complete a substance abuse evaluation at my own expense. If ordered, I will provide the evaluation to the Court before I am sentenced. • The Court may order me to participate in a reality education substance abuse prevention program. • The Court may order restitution to any victim of my offense. In addition, the Court may order restitution up to $500 each to any public agency (fire-fighting, law enforcement, ambulance, medical or any other emergency services), which responded as a result of my violation.

1

E-FILED 2014 JUN 17 1:39 PM SAC - CLERK OF DISTRICT COURT


B. I understand that a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws.

C. If I plead not guilty, I would be entitled to the following rights. I give up these rights by pleading guilty: (1). The right to a speedy and public trial by a jury of twelve people. (2). The right to have an attorney represent me at trial and, if the Court found I was unable to afford an attorney, the Court would, at public expense, appoint an attorney to represent me. (3). At trial, I would be presumed innocent until such time, if ever, the State established my guilt beyond a reasonable doubt. (4). At trial, a jury verdict of guilty would have to be unanimous. (5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to testify, and if I choose not to testify, the State may not comment on the fact of my failure to testify and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my failure to testify. (6). At trial, the State would have to confront me with witnesses upon whose testimony it relied to obtain conviction, and I would have the right to cross examine those witnesses. (7). At trial, I would be entitled to present witnesses to testify on my behalf and to compulsory process to secure those witnesses.

D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to trial, and will be treated as if I had been tried and found guilty by a jury.

E. The Court, in determining whether there is a factual basis for this plea of guilty, may make such a determination by examining the Minutes of Testimony attached to the Trial Information, by reviewing the investigative reports of law enforcement agents who have investigated the offense, or by asking me or counsel to recite and summarize the material facts that would be offered at trial. The Court has the discretion to accept or reject any plea agreement made between the State and myself. The plea agreement is: I will plead guilty to Possession of Marijuana, a Schedule I Controlled Substance, First Offense a violation of Iowa Code Section 124.401(5), a Serious Misdemeanor. The County Attorney will recommend a Deferred Judgment. I will be placed on informal probation to the Sac County Probation Officer for a period of one- (1) year from the Judgment date. I will pay a Civil Penalty to the State Court Administrator, in the amount of $315.00, the $125.00 Law Enforcement Initiative surcharge, court appointed attorney fees, and court costs; to be as ordered by the Court and set out in the Probation Agreement. The County Attorney recommends the dismissal of the simple misdemeanor companion ticket, case #SMCR012510, with court costs assessed to 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 GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: I did knowingly or intentionally possess a controlled substance, to-wit:

2



Marijuana, A Schedule I Controlled Substance I understand the nature of the charge against me.

This offense was committed by me in Sac County Iowa by my doing the following: On or about the 24 th day of February 2014 I did knowingly or intentionally possess a controlled substance, to-wit: Marijuana, A Schedule I Controlled Substance, in Sac County Iowa.

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.

F. If the Court accepts my plea of guilty, I realize: (1). The Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today.

(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty, and I will be giving up my right to directly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have the Court address me personally.

WAIVER OF MOTION IN ARREST OF JUDGMENT

If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:

1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of judgment, and that the Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right, and the right to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.

2. By having the Court impose my sentence now, I will never be able to challenge this plea of guilty and I will be giving up my right to directly appeal my guilty plea.

I hereby request the Court sentence me now and I waive any time to which I may be entitled for sentencing at a later date.

3


ndant, Bre Peters


WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at my sentencing and present evidence in my own behalf. I understand that it is my choice to be present or not, and that no one can exclude me from sentencing.

With the above in mind, and further understanding that my decision whether to be present or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my sentencing.

Attorney for Defendant, Robert E. Peterson

STATE OF IOWA ) SS

SAC COUNTY

On this / ? day of _,.) 6_.A.A.P..._ 2014 before me the u ersigned, a Notary Public in and for said State, personally appeared Brcipa 6 e..4e-o15 , 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.

Notary P d for the State of Iowa

4


1


STATE OF IOWA, Plaintiff, v. BRENDA LYNN PETERS, Defendant.

SRCR012509

RECORD OF PLEA OF GUILTY AND

DEFERRED JUDGMENT ORDER

DATE: June 18, 2014

CHARGE(S): Possession of Marijuana, a serious misdemeanor, in violation of Iowa Code § 124.401(5)

Defendant has filed a written guilty plea and a waiver of Defendant’s right to be

present for sentencing. Defendant asks that the plea to the above charge(s) be accepted and that sentence be imposed pursuant to the plea arrangement agreed upon by the parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa Rules of Criminal Procedure. The Court hereby informs Defendant that Defendant’s plea of guilty to the above-referenced charge(s) is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant is granted a deferred judgment pursuant to Iowa Code

Sections 901.5 and 907.3. 2. Defendant shall pay all of the following financial obligations: a. Pursuant to Iowa Code Section 907.14, a civil penalty of $315.00; b. a law enforcement initiative surcharge of $125.00 pursuant to Iowa

Code Section 911.3; c. the court costs of these proceedings, including court-appointed

attorney fees. Defendant shall pay all financial obligations owed to the Clerk of Court of

this county or online at www.iowacourts.gov. All such financial obligations shall be paid pursuant to a plan to be developed by the probationary supervisor.

3. Defendant is placed on probation under the following terms and

conditions:

E-FILED 2014 JUN 18 9:48 AM SAC - CLERK OF DISTRICT COURT

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a. Defendant is placed on informal probation to the Sac County Probation Officer (“the Probation Supervisor”) for a period of one (1) year from the date of filing of this Order;

b. Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems appropriate. In addition to any terms and conditions imposed by the Probation Supervisor, the Court specifically imposes all of the following additional terms and conditions: (1) Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to sign up for probation and sign any probation supervision agreement requested by the Probation Supervisor. Telephone contact is not sufficient;

(2) Defendant shall obey all laws; (3) If Defendant becomes eligible for reinstatement of

Defendant’s driver’s license during the term of probation, Defendant shall take all steps necessary to obtain a valid driver’s license as soon as Defendant is eligible;

(4) Defendant shall be employed full-time or be attending school

full-time during the period of probation; (5) Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant does not have a valid prescription. In addition, Defendant is prohibited from being at any location where alcohol or illegal drugs are present, regardless of whether Defendant is actually in possession of or consuming such alcohol or illegal drugs. This prohibition does not prohibit Defendant from being at a public location (e.g., restaurant) where alcohol is served, so long as the primary purpose of the establishment is not the serving of alcohol and Defendant is not consuming or in possession of alcohol at that location;

(6) If Defendant has not already done so, Defendant shall

undergo a substance abuse evaluation and follow any recommendations for treatment or counseling made as a result of the evaluation, all at Defendant's own expense. If Defendant has not already done so, in order to provide proof that Defendant has undergone the required evaluation,


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Defendant shall procure from the substance abuse evaluator a letter or written report which shall be filed with the Clerk of this Court no later than 21 days from the date this Order is filed; and

(7) Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all required tasks in a timely manner.

4. The Court grants this deferred judgment because it provides for the rehabilitation of Defendant and for the protection of the community. The Court has considered the recommendation of the parties with respect to disposition. The terms of this Order are appropriate in light of the relevant facts, including Defendant's criminal record, or lack thereof, and/or the circumstances of the case. 5. Due to the fact that judgment has been deferred, appeal rights do not apply. 6. Defendant is advised that, in the event Defendant does not fulfill the conditions of probation, in addition to potential contempt of court sanctions, the Court may revoke Defendant’s probation, revoke Defendant’s deferred judgment, and impose any sentence authorized by law. 7. Defendant's appearance bond, if any, is exonerated, except as otherwise provided in this Order. 8. Upon Motion of the County Attorney and pursuant to the plea agreement, SMCR012510 is dismissed with costs assessed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



Early Woman Pleads Guilty to Possession of Marijuana 1st Offense

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