Guilty Plea and Judgment - State v Ryan Neal Ladwig, Lake View, Iowa - Srcr012296
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Transcript of Guilty Plea and Judgment - State v Ryan Neal Ladwig, Lake View, Iowa - Srcr012296
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E-FILED 2013 APR 22 2:31 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 APR 22 12:36 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs.
RYAN NEAL LADWIG ,Defendant.
Case No: 02811 SRCR012296
INITIAL APPEARANCE
Charges:01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED (SRMS)
The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and 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 $1000.00
4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.
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E-FILED 2013 APR 23 11:03 AM SAC - CLERK OF DISTRICT COURT
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5. (a) You will be released from custody prior to trial on your own promise to appear at 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:
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:
Waived
Preliminary Hearing is scheduled on at : AM at the .
If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.
Copies to:County Attorney
The Court has provided a copy to the DefendantDefendantSac County Sheriff
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E-FILED 2013 APR 23 11:03 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012296 STATE VS RYAN NEAL LADWIG
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-04-23 11:02:38
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E-FILED 2013 APR 23 11:03 AM 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. SRCR012296
Plaintiff,
vs. TRIAL INFORMATION
RYAN NEAL LADWIG,
DOB: 10/15/1985Defendant.
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, Ryan Neal Ladwig of
the crime ofDRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER
321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:
The said Defendant, Ryan Neal Ladwig, on or about April 21, 2013, in the County of
Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his motor vehicle
license was denied or revoked under Iowa Code Chapter 321J.
A TRUE INFORMATION
/s/Benjamin John SmithProsecuting Attorney
Sac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583
Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected] -
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
SRCR012296 STATE VS RYAN NEAL LADWIG
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 2013-06-05 10:44:15 page 2 of 2
E-FILED 2013 JUN 05 10:43 AM 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. SRCR012296
Plaintiff,
vs.RYAN NEAL LADWIG
Defendant.
Attachment to Trial InformationWitness List
NAMES OF WITNESSES:
CHRIS REISCHL, OFFICER, LAKE VIEW POLICE DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT
OF TRANSPORTATION
E-FILED 2013 MAY 24 3:54 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
VS.
RYAN NEAL LADWIG,Defendant.
CRIMINAL NO. SRCR012296
ORDER SETTING ARRAIGNMENTAND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matterhave been examined and found to contain sufficient evidence, if unexplained, to warrant
a conviction in a trial by jury, therefore, this matter shall be set for Arraignment.
IT IS ORDERED, the Defendant shall personally appear forArraignment at theSac County Courthouse, District Courtroom, Sac City, Iowa on the 18th day of June2013 at 9:00 a.m.
The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.
IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom custody in this matter shall be:
Defendant is released on personal recognizance.
Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.
Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:
Defendant shall obey all Federal, State, and Local laws.The Defendant shall have no contact with the victim or any witness set
forth in the minutes of evidence in this matter.
The Defendant shall be on pre-trial supervision to the Second JudicialDistrict Department of Correctional Services.Other:
E-FILED 2013 JUN 05 10:43 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012296 STATE VS RYAN NEAL LADWIG
So Ordered
Electronically signed on 2013-06-05 10:44:15 page 2 of 2
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2RCR01
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
RYAN NEAL LADWIG ,
DEFENDANT.
Case No. 02811 SRCR012296
O R D E R
It Is Ordered that the defendant's arraignment is rescheduled to July 2, 2013,
commencing at 9:00 a.m. in the courtroom of the Sac County Courthouse, Sac City,
Iowa. If the defendant fails to appear for this hearing a warrant will be issued for his
arrest.
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
RYAN NEAL LADWIG
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E-FILED 2013 JUN 19 1:56 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012296 STATE VS RYAN NEAL LADWIG
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-06-19 13:55:56
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E-FILED 2013 JUN 19 1:56 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
RYAN NEAL LADWIG,
Defendant.
Case No. SRCR012296
ORDER RESCHEDULING
ARRAIGNMENT
It Is Ordered that the defendant's arraignment is rescheduled to August 13, 2013,
commencing at 9:00 a.m. in the courtroom of the Sac County Courthouse, Sac City,
Iowa. If the defendant fails to appear for this hearing a warrant will be issued for his
arrest.
CLERK TO FURNISH COPIES TO:
Sac County Attorney
Ryan Neal Ladwig
E-FILED 2013 JUL 30 12:57 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012296 STATE VS RYAN NEAL LADWIG
So Ordered
Electronically signed on 2013-07-30 12:57:04 page 2 of 2
E-FILED 2013 JUL 30 12:57 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
RYAN NEAL LADWIG,
Defendant.
Case No. SRCR012296
ORDER ISSUING BENCH WARRANT
FOR DEFENDANTS FAILURE TO
APPEAR FOR ARRAIGNMENT
This matter came before the Court on August 13, 2013, for defendants
arraignment. The defendant failed to appear. The order scheduling the arraignment
ordered defendant to personally appear for the arraignment and advised defendant a
bench warrant may issue for her arrest if she failed to appear for her arraignment.
Additionally, this is the second time defendant has failed to appear for his
arraignment in this matter.
IT IS THEREFORE ORDERED that the Sac County Clerk of Court shall issue a
Statewide arrest warrant for defendant for her failure to appear before this Court as
ordered.
E-FILED 2013 AUG 14 9:58 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012296 STATE VS RYAN NEAL LADWIG
So Ordered
Electronically signed on 2013-08-14 09:58:14 page 2 of 2
E-FILED 2013 AUG 14 9:58 AM SAC - CLERK OF DISTRICT COURT
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Up-
IN T H E D I S T R I C T C O U R T O F I O W A I N A N D F O R S A C C O U N T Y 2 2S T A T E OF I O W A ,
Plaintiff, CaseNo. C K P l g ^ f e ?ojfORDER
coo
-< -
^ 1fi^nSek ffM?. a t e (/f e^J^Defendant.
%uJUr
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E-FILED 2013 AUG 19 8:34 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
RYAN NEAL LADWIG,
Defendant.
Case No. SRCR012296
ORDER SETTING ARRAIGNMENT
It Is Ordered that the defendant's arraignment is scheduled for August 27, 2013,
commencing at 9:00 a.m. in the courtroom of the Sac County Courthouse, Sac City,
Iowa. If the defendant fails to appear for this hearing a warrant will be issued for his
arrest.
CLERK TO FURNISH COPIES TO:
Sac County Attorney
Ryan Neal Ladwig
E-FILED 2013 AUG 20 2:37 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012296 STATE VS RYAN NEAL LADWIG
So Ordered
Electronically signed on 2013-08-20 14:37:24 page 2 of 2
E-FILED 2013 AUG 20 2:37 PM SAC - CLERK OF DISTRICT COURT
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IOWADISTRICTCOURT FOR SAC COUNTYDISTRICT cou:-;IOF IOWASAC COUNTYFILED
STATE O F I O W A , 2013 AUG 27 AH 9: 53PLAINTIFF NO. $CZML
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IN T H E IOWA DISTRICT C OU R T INAND FOR SAC C OU N TYS T A T E OF IOWA,
Plaintiff, N o. SRCRO 12296vs. * W RITTEN ARRAIG NM ENTP L E A OF NOT GUILTY
ProSeRYAN N E A L LA D W I G , *
Defendant. *
C O M E S N O W the Defendant in the above-captioned criminal case and under oath stategj,1. 1 have been informed of my right to be represented by an Attorney, and decline flPberepresented by an attorney and I wish to proceed ProSe.2. M y current mailing and residence addresses are:
4. I have been advised by the Sac County Attorney and understand that I have a right toarraignment in open Court, and I voluntarily waive the right, choosing instead to sign thisWritten Arraignment and Plea of Not Guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filingthis Written Arraignment and Plea of Not Guilty.5. I have received a copy of the Trial Information which charges me with the crime ofD R I V I N G W H I L E R E V O K E D U N D E R C H A P T E R 321J, a S E R I O U SM I S D E M E A N O R in violation of Iowa Code Section 321J.21. I have read it and I havefamiliarized myself with it contents.6. With regard to the name by which I am charged in the Trial Information (either check "a"or check,and complete "b"):() 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 thegrounds that I am improperly named.
S2ITelephone number: 7/2 v ?3 0 ^>C
M y date of birth is /fc?3.1 can read and understand English language and have completed the following level ofeducation: / J .
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( ) b. The name shown on the Trial Information is not my true name. M y true nameis . I request that an entry be made in theminutes showing my true name. I have been advised and understand furtherproceedings will be had against me by that true name, the Trial Information will beamended accordingly, and when the Trial Information is so amended, I will beprecluded 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 oracquittal.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 IowaRules of Criminal Procedure to a trial within ninety days/one year after the filing of theTrial Information and (check either "a" or "b"):
( X ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).( ) b. 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 8.1 of the Iowa Rules of CriminalProcedure. I will be available for trial on the following days: .
"'Defendant, Ryan NeaLLadwig
S T A T E OF I O W A )) SSS A C C O UN T Y )On this day of 2013 , before my the undersigned, a Notary
Public in and for said State, personally appeared to me knownto be the identical person named in and who executed the foregoing instrument, andacknowledged that he executed the same of his voluntary act and deed.
Notary Publiean and for the State of IowaOriginal e-filed, Copy to: SacCounty Attorney
Defendant , SHELLEY BASSr CtokofDWrlclCouit-DOTlgneeSao County
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.RYAN NEAL LADWIG ,
DEFENDANT.
Case No. 02811 SRCR012296
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 27, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Pro Se.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.
IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.
If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.
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E-FILED 2013 AUG 27 1:02 PM SAC - CLERK OF DISTRICT COURT
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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYRYAN NEAL LADWIGDISTRICT COURT ADMINISTRATOR
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E-FILED 2013 AUG 27 1:02 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012296 STATE VS RYAN NEAL LADWIG
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-08-27 13:02:17
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E-FILED 2013 AUG 27 1:02 PM SAC - CLERK OF DISTRICT COURT
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5
S T A T E OF I O W A ,Plaintiff,
IN T H E IO W A DISTRICT C O U R T FO R S A C C O U N T Y an so-3 h H S : 1 9vs.
N o. SRCRO12296G U I L T Y P L E A(Serious Misdemeanor)
RYAN N E A L LAD WIG,Defendant.COUNT I
I, the undersigned Defendant, have carefully read and fully understand the following:A. I am charged with DRIVING WHILE LICENSE DENIED OR R E V O K E D UNDER
CHAP TER 321J, in violation of Iowa Code Section 321J.21, a Serious Misdemeanor;and I hereby request that my plea of guilty to the charge be entered of record.
B . The maximum punishment for a Serious Misdemeanor is imprisonment of not more than oneyear in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all courtcosts and al l costs and fees incurred for legal assistance. For this offense, there is a set fine of$1000.00, plus a 35% surcharge in the amount of $350.00, which is immediately due on thedate of sentencing, unless Defendant has entered into a payment plan within thirty days of theJudgment Entry date. In addition, the D A R E surcharge in the amount of $10.00 applies, andif the charge is a violation oflowa Code Chapters, 124, 155A, 453B, 713, 714, 715A, 716, orIowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an additional Law EnforcementInitiative surcharge of $125. I acknowledge that, the Court may order me to performcommunity service work if the Court is of the opinion that community service work will deterand discourage others from similar criminal activity. (The rate at which community serviceshall be calculated against my fine shall be the federal minimum wage.) In addition, I may berequired to pay correctional fees for incarceration and enrollment fees for probation. I amaware that sentencing options may include deferral of Judgment and Sentence, the grant ofprobation and the suspension of the sentence imposed.
C. I understand that, a criminal conviction, deferred judgment or deferred sentence may affectmy 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 of twelve people.(2). The right to have an attorney represent me at trial and, if the Court found I was unable toafford 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 myguilt 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 forcedto testify, and if I choose not to testify, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.
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(6) . At trial, the State would have to confront me with witnesses upon whose testimony itrelied 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 tocompulsory process to secure those witnesses.
E. By pleading guilty, there will not be a trial of any kind. B y pleading guilty, I waive my rightto trial, and will be treated as if I had been tried and found guilty by a jury.F. The Court, in determining whether there is a factual basis for this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summarize the materialfacts that would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand myself. The plea agreement is: I will plead guilty to Count I as charged in the TrialInformation. The recommended sentence is 15 days in the Sac Countv Jail, which will besuspended after given credit for time served. I will be placed on probation to Sac CountvProbation for a period on one year from the Judgment entry date. The Countv Attorney willrecommend that the fine in the amount of $1,000.00 be suspended. I will pay the $10.00D A R E surcharge and court costs; to be paid as ordered by the Court. I understand that theIowa Department of Transportation will revoke my driving privilege for a period of 180 daysfor this offense.
This plea agreement includes that I will be responsible to pay court costs, payment of allcosts and fees incurred for legal assistance, victim restitution, correction Qai\) fee for any jai ltime 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 beenmade to induce me to enter my plea of guilty. I have been informed that the elements of thecrime are: Unlawful ly and willfully drive a motor vehicle while the persons motorvehicle license was denied or revoked under Iowa Code Chapter 321J.I understand the nature of the charge against me.
G. This offense was committed by me in Sac County Iowa by my doing the following: On orabout the 21st dav of April 2013, at East Shore Road in Lake View, I did knowinglyand willingly operate a motor vehicle while my license to drive was revoked for OWItest failure.
I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rightsand I do so freely and voluntarily. No threats have been made against me to obtain this guiltyplea. No promises of leniency or favorable treatment have been made, except for any pleabargain 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 itsacceptance ofthis guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Motion in Arrest of Judgment will be waived by having the Court impose a sentencetoday.
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(2). If the Court imposes a sentence today, I will never be able to challenge this plea ofguilty, 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 JUD GMENT
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 ofjudgment, and that the Court will set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion 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 pleaof 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 sentencingand 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 presentor not is my own decision, I hereby knowingly and voluntarily waive the right to be present at mysentencing.
Defendant, Ryan Neal-Eadwig
ST AT E OF IOWAS A C C O U N T Y
)) SS)
On this OTP day of V _State, personally appeared {^Jlffi^ (jj c\Wrand who executed the foregoindeed.
2013, before me the undersigned, a Notary Public in and for saidftv , to me known to be the identical person named inandtrument, ana acknowledged that he executed the same of his voluntary act and
Publ ic ir/and for tr|f fttfltp n f " P | " / aSHELLEY BASSCleric of DistrictCourt DesigneeSac County
3
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, No. SRCR012296
Plaintiff
JUDGMENT ENTRY
vs. SERIOUS MISDEMEANOR
RYAN NEAL LADWIG,
DOB: 10/15/1985
Defendant.
COUNT I
BE IT REMEMBERED this matter came on for sentencing. The State is
represented by Sac County Attorney Benjamin John Smith. The Court finds that
Defendant has waived his right to an attorney and that Defendant is advised concerning
his right to have counsel. The Court specifically finds Defendants waiver of counsel to be
knowing, voluntary and intelligent. Defendant having filed a written plea of guilty herein,which has been reviewed by this Court and is incorporated herein by this reference; the
Court knows of no legal cause why judgment should not now be entered, and none
appears upon the record. The Court, therefore, accepts the Defendants plea of Guilty and
finds that Defendant is guilty of the crime Driving While License was Denied or
Revoked Under Chapter 321J, a Serious Misdemeanor, in violation of Iowa Code
Section 321J.21.
IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE
COURT, pursuant to Sections 321J.21 and 903.1, Code of Iowa, that Defendant be
sentenced to:
1. Confinement in the Sac County Jail for a period of 15 days, all jail time shall besuspended with credit for time already served. The Defendant is thereafter placed
on probation to the Sac County Probation Officer for a period of one (1) year, and
during such probation period Defendant shall abide by all the terms and
conditions of the probation as set forth on the Probation Agreement.
a. Defendant, within 72 hours of this Judgment, shall sign a ProbationAgreement with the Sac County Probation Officer at the Sac County
Courthouse, 100 NW State Street, Suite 9, 2nd Floor, Sac City, Iowa.
b.
Defendant shall obey all Federal, State, and local laws and ordinances.
c. Defendant shall timely pay all amounts ordered by this Judgment.2. The fine of $1,000.00 is hereby suspended.3. In addition, Defendant shall pay the DARE surcharge in the amount of$10.00.4. Defendant shall pay the following court costs of$169.72.
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5. Defendant shall keep the Clerk of Court and the Sac County Probation Officernotified as to any change in address until all obligations of this case have been
completed.
6. The Iowa State Department of Transportation shall revoke Defendantsdrivers license-motor vehicle operating privilege for a period of 180 days forthis offense. If Defendants operating privileges are suspended or revoked at
the time of this sentencing for a different offense, said 180 days revocation
period shall not begin until all other suspensions or revocations have
terminated.
7. IT IS FURTHER OREDRED that Defendant shall pay all amounts Orderedby this Judgment, by paying $50per month to the Sac County Clerk of Court
with payment to begin on the 15th dayof the month following this order and
shall continue on the 15thday of each month until paid in full. HOWEVER,
IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE
TOTAL OBLIGATION BEING PAID WITHIN 24 MONTHS OF THEDATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT
TIME. Defendant is advised that if one payment is missed, the entire
obligation becomes immediately due.
Defendant having appeared and sentence being pronounced, IT IS FURTHER
ORDERED that any balance of appearance bond is released after application to fine,
surcharge, court costs, attorney fees, and restitution.
Defendant is advised of the right to appeal this judgment and sentence and of the
right to apply for appointment of appellate counsel and the furnishing of a transcript if
unable to pay the appeal costs. Defendant is also advised of the necessity to comply withthe statutory requirements in filing a notice of appeal. Notice of Appeal must be filed
within 30 days of this Judgment. Defendants appeal bond is fixed in the sum of
$1,950.00.
Original filed, copy to:
County AttorneyDefendant
DOT
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State of Iowa Courts
Type: ORDER FOR JUDGMENT
Case Number Case Title
SRCR012296 STATE VS RYAN NEAL LADWIG
So Ordered
Electronically signed on 2013-10-01 09:58:50 page 3 of 3
E-FILED 2013 OCT 01 9:58 AM SAC - CLERK OF DISTRICT COURT