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 S A C - CLE R K OF DISTRICT COUR T
Item#: 2014-1953
STATE OF IOWA, COUNTY OF SAC
Before (Judge, Magistrate)
Criminal Cas e 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 daughte
r
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
JENNI FER S CHR A MM
Commission Number 770007
MY COMMISSION EXPIRES
OCTOBER 6. 20j M_
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 March
10, 2014 at 9:00 a.m. If defendant does not appear by noon on that date a warrant for her arrest shall
issue.

1 of 2
E-FILED 2014 MAR 03 10:05 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012509 STATE VS BRENDA LYNN PETERS
Type: OTHER ORDER
So Ordered
Electronically signed on 2014-03-03 10:05:25
2 of 2
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 SUBSTANCE
in 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 on
03/10/2014 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 as
contempt of court.

/s/ SHELLEY BASS
CLERK OF DISTRICT COURT
SAC COUNTY IOWA
Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate
before 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 an
original 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, having
been 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 attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper 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 and
costs

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
1 of 3

5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
Conditions of release: No drugs or alcohol during the pendancy of this matter. You must obey all laws
of Iowa and the United States.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information 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 hearing
is:
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 at
712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE 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
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
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?
AV 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>
AJ LWP
Rev. 1/6/12

STATE OF IOWA,

PLAINTIFF,

VS.

BRENDA L PETERS ,

DEFENDANT.

02811 SRCR012509

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 financial
hardship.

Attorney Robert Peterson 712-8792-4485, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2

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: robertpetersonlaw@gmail.com
ATTORNEY FOR DEFENDANT

1
STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012509
Plaintiff,
vs.
TRIAL INFORMATION
BRENDA LYNN PETERS,
DOB: 08/13/1975
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, Brenda Lynn Peters
of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED
SUBSTANCE, 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 Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2014 APR 03 11:03 AM SAC - CLERK OF DISTRICT COURT
2
THE STATE OF IOWA vs. BRENDA LYNN PETERS
Criminal No. SRCR012509
COUNT 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
Type: Approval of Trial Information
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should 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.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled 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 such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause 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 Attorney
Defendant/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 NOWthe 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 I
ROBERT 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 COUNTY
STATE OF IOWA,

Plaintiff,

vs.

BRENDA L PETERS ,

Defendant.


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 shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 06/24/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
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
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
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: attorney@saccounty.org
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 in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 07/02/2014 at
9:30 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 arrest
being issued.

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
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 24th 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.

SRCR0120!

RECORD OF PLEA OF GUILTY AND
DEFERRED JUDGMENT ORDER

DATE: "#ne 1$, 201%

CHARGE(S): P&''e''i&n &f (a)i*#ana, a 'e)i&#' +i'de+ean&), in vi&lati&n &f
I&,a C&de - 12%.%01./

Defendant 0a' filed a ,)itten 1#ilt2 3lea and a ,aive) &f Defendant4' )i10t t& 5e
3)e'ent f&) 'enten6in1. Defendant a'7' t0at t0e 3lea t& t0e a5&ve 60a)1e.'/ 5e
a66e3ted and t0at 'enten6e 5e i+3&'ed 3#)'#ant t& t0e 3lea a))an1e+ent a1)eed #3&n
52 t0e 3a)tie' ,it0&#t t0e f&)+alit2 &f t0e )e6&)d )e8#i)ed 52 R#le' 2.$ and 2.10 &f t0e
I&,a R#le' &f C)i+inal P)&6ed#)e.
T0e C&#)t 0e)e52 inf&)+' Defendant t0at Defendant4' 3lea &f 1#ilt2 t& t0e
a5&ve9)efe)en6ed 60a)1e.'/ i' a66e3ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i' 1)anted a defe))ed *#d1+ent 3#)'#ant t& I&,a C&de
Se6ti&n' !01. and !0:.;.

2. Defendant '0all 3a2 all &f t0e f&ll&,in1 finan6ial &5li1ati&n'<
a. P#)'#ant t& I&,a C&de Se6ti&n !0:.1%, a 6ivil 3enalt2 &f =;1.00>
5. a la, enf&)6e+ent initiative '#)60a)1e &f =12.00 3#)'#ant t& I&,a
C&de Se6ti&n !11.;>
6. t0e 6&#)t 6&'t' &f t0e'e 3)&6eedin1', in6l#din1 6&#)t9a33&inted
att&)ne2 fee'.

Defendant '0all 3a2 all finan6ial &5li1ati&n' &,ed t& t0e Cle)7 &f C&#)t &f
t0i' 6&#nt2 &) &nline at ,,,.i&,a6&#)t'.1&v. All '#60 finan6ial &5li1ati&n'
'0all 5e 3aid 3#)'#ant t& a 3lan t& 5e devel&3ed 52 t0e 3)&5ati&na)2
'#3e)vi'&).

;. Defendant i' 3la6ed &n 3)&5ati&n #nde) t0e f&ll&,in1 te)+' and
6&nditi&n'<

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

2

a. Defendant i' 3la6ed &n inf&)+al 3)&5ati&n t& t0e Sa6 C&#nt2
P)&5ati&n Offi6e) .?t0e P)&5ati&n S#3e)vi'&)@/ f&) a 3e)i&d &f &ne
.1/ 2ea) f)&+ t0e date &f filin1 &f t0i' O)de)>

5. Defendant '0all f&ll&, all te)+' and 6&nditi&n' i+3&'ed 52 t0e
P)&5ati&n S#3e)vi'&) t0at t0e P)&5ati&n S#3e)vi'&) dee+'
a33)&3)iate. In additi&n t& an2 te)+' and 6&nditi&n' i+3&'ed 52
t0e P)&5ati&n S#3e)vi'&), t0e C&#)t '3e6ifi6all2 i+3&'e' all &f t0e
f&ll&,in1 additi&nal te)+' and 6&nditi&n'<

.1/ Defendant '0all +a7e in93e)'&n 6&nta6t ,it0 t0e P)&5ati&n
S#3e)vi'&) ,it0in 'even .:/ da2' &f t0e filin1 &f t0i' O)de) t&
'i1n #3 f&) 3)&5ati&n and 'i1n an2 3)&5ati&n '#3e)vi'i&n
a1)ee+ent )e8#e'ted 52 t0e P)&5ati&n S#3e)vi'&).
Telephone con!c "# no #$%%"c"en>

.2/ Defendant '0all &5e2 all la,'>

.;/ If Defendant 5e6&+e' eli1i5le f&) )ein'tate+ent &f
Defendant4' d)ive)4' li6en'e d#)in1 t0e te)+ &f 3)&5ati&n,
Defendant '0all ta7e all 'te3' ne6e''a)2 t& &5tain a valid
d)ive)4' li6en'e a' '&&n a' Defendant i' eli1i5le>

.%/ Defendant '0all 5e e+3l&2ed f#ll9ti+e &) 5e attendin1 '60&&l
f#ll9ti+e d#)in1 t0e 3e)i&d &f 3)&5ati&n>

./ Defendant i' 3)&0i5ited f)&+ 6&n'#+in1 &) 3&''e''in1
al6&0&l &) an2 ille1al d)#1 &) an2 d)#1 f&) ,0i60 Defendant
d&e' n&t 0ave a valid 3)e'6)i3ti&n. In additi&n, Defendant i'
3)&0i5ited f)&+ 5ein1 at an2 l&6ati&n ,0e)e al6&0&l &) ille1al
d)#1' a)e 3)e'ent, )e1a)dle'' &f ,0et0e) Defendant i'
a6t#all2 in 3&''e''i&n &f &) 6&n'#+in1 '#60 al6&0&l &) ille1al
d)#1'. T0i' 3)&0i5iti&n d&e' n&t 3)&0i5it Defendant f)&+
5ein1 at a 3#5li6 l&6ati&n .e.1., )e'ta#)ant/ ,0e)e al6&0&l i'
'e)ved, '& l&n1 a' t0e 3)i+a)2 3#)3&'e &f t0e e'ta5li'0+ent
i' n&t t0e 'e)vin1 &f al6&0&l and Defendant i' n&t 6&n'#+in1
&) in 3&''e''i&n &f al6&0&l at t0at l&6ati&n>

.A/ If Defendant 0a' n&t al)ead2 d&ne '&, Defendant '0all
#nde)1& a '#5'tan6e a5#'e eval#ati&n and f&ll&, an2
)e6&++endati&n' f&) t)eat+ent &) 6&#n'elin1 +ade a' a
)e'#lt &f t0e eval#ati&n, all at DefendantB' &,n eC3en'e. If
Defendant 0a' n&t al)ead2 d&ne '&, in &)de) t& 3)&vide 3)&&f
t0at Defendant 0a' #nde)1&ne t0e )e8#i)ed eval#ati&n,

3

Defendant '0all 3)&6#)e f)&+ t0e '#5'tan6e a5#'e eval#at&)
a lette) &) ,)itten )e3&)t ,0i60 '0all 5e filed ,it0 t0e Cle)7
&f t0i' C&#)t n& late) t0an 21 da2' f)&+ t0e date t0i' O)de)
i' filed> and

.:/ Defendant '0all 6&+3l2 ,it0 all te)+' &f t0i' O)de),
in6l#din1 3a2in1 all finan6ial &5li1ati&n' and 6&+3letin1 all
)e8#i)ed ta'7' in a ti+el2 +anne).

%. T0e C&#)t 1)ant' t0i' defe))ed *#d1+ent 5e6a#'e it 3)&vide' f&) t0e
)e0a5ilitati&n &f Defendant and f&) t0e 3)&te6ti&n &f t0e 6&++#nit2. T0e C&#)t 0a'
6&n'ide)ed t0e )e6&++endati&n &f t0e 3a)tie' ,it0 )e'3e6t t& di'3&'iti&n. T0e te)+' &f
t0i' O)de) a)e a33)&3)iate in li10t &f t0e )elevant fa6t', in6l#din1 DefendantB' 6)i+inal
)e6&)d, &) la67 t0e)e&f, andD&) t0e 6i)6#+'tan6e' &f t0e 6a'e.
. D#e t& t0e fa6t t0at *#d1+ent 0a' 5een defe))ed, a33eal )i10t' d& n&t
a33l2.
A. Defendant i' advi'ed t0at, in t0e event Defendant d&e' n&t f#lfill t0e
6&nditi&n' &f 3)&5ati&n, in additi&n t& 3&tential 6&nte+3t &f 6&#)t 'an6ti&n', t0e C&#)t
+a2 )ev&7e Defendant4' 3)&5ati&n, )ev&7e Defendant4' defe))ed *#d1+ent, and i+3&'e
an2 'enten6e a#t0&)iEed 52 la,.
:. DefendantB' a33ea)an6e 5&nd, if an2, i' eC&ne)ated, eC6e3t a' &t0e),i'e
3)&vided in t0i' O)de).
$. F3&n (&ti&n &f t0e C&#nt2 Att&)ne2 and 3#)'#ant t& t0e 3lea a1)ee+ent,
S(CR01210 i' di'+i''ed ,it0 6&'t' a''e''ed t& t0e Defendant.

Cle&' Sh!ll F$&n"#h Cop"e# To:
C&#nt2 Att&)ne2
Defen'e C&#n'el

Type: OTHER ORDER
So Ordered

Early Woman Pleads Guilty To Possession of Marijuana 1st Offense

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