Sei sulla pagina 1di 39

E-FILED 2014 OCT 27 3:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 27 11:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012681
vs.
TROY ANTHONY TUGGLE ,
Defendant.

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
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 - Minimum 2 days
Years Prison
And/Or a fine of not less than $1250 or more than $1875 plus 35% surcharge and court
costs
You will lose your license for a minimum of 180 days and cannot obtain a work permit for
0 days.
1 of 4

E-FILED 2014 OCT 27 11:20 AM SAC - CLERK OF DISTRICT COURT

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.
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:
(1) You must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
(3) You must obey the laws of the State of Iowa and the United States.
(4) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
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 11/17/2014 at 10:30 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

2 of 4

E-FILED 2014 OCT 27 11:20 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

3 of 4

E-FILED 2014 OCT 27 11:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012681
Type:

Case Title
STATE VS TROY ANTHONY TUGGLE
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-10-27 11:20:34

4 of 4

FILED

20m OCT 31 PH 3:36


IN THE IOWA DISTRICT COURT FOR

Sac

COUNTY
Criminal

STATE OF IOWA or
PlaintifETetitioner,

Civil

No. QlQC&D wil


FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Defendant/Respondent

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

Name:

'
/ V^Y

N ^ j f c

"

BirtfaPate: 7

'

" <\ <^

:. ^SlSVXHlb E-mail:"!"^ .*T^jiC^g<^ ,

Cell Phone:

Home Phone:
Street Address:

Street/P.O. Box

Apt#

City

State

=0VT-

Pending charges

Do you have a job?

*d No Job

Zip
up

In Jail? Yes Of
( NNo
O
Yes, Full Time

Yes, Part Time (List Hours/week:

Who do you work for?


How much money do you currently make before taxes or deductions?

per hour month


month U year
year

How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you? If a spouse lives with you, how much money does your spouse make?
List all other money you, or anyone else living in your household, has coming

per hour month year


J

rh^ ^A/C

List what you own including money in banks, cars, trucks, ojher vehicles, land, houses, buildings, cash, or anything
else worth Hfipre

l/OA

List amounts you,pay npathly for mortgages, rent, car loans, credit cards, child support, or any other debts:

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 ^ ^

H^f

HJL

Signatur

u/c^fcf

Llk<^

P<LTtr

Oj^S^T^

Rev. 1/6/12

E-FILED 2014 NOV 03 4:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
TROY ANTHONY TUGGLE ,

02811 OWCR012681
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

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 Peter Goldsmith (712) 364-2421, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 NOV 03 4:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012681
Type:

Case Title
STATE VS TROY ANTHONY TUGGLE
ORDER APPOINTING
So Ordered

Electronically signed on 2014-11-03 16:35:49

2 of 2

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

CASE NO. OWCR012681

Plaintiff,
v.

TRIAL INFORMATION

TROY ANTHONY TUGGLE,


Defendant.

COUNT 1
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, TROY

ANTHONY

TUGGLE (Defendant) of the crime of

OPERATING WHILE INTOXICATED FIRST OFFENSE, Serious Misdemeanor


in violation of Iowa Code Section 321J.2 committed as follows: On or about
October 27, 2014 in Sac County and State of Iowa, Defendant did unlawfully and
willfully operate a motor vehicle by one or more of the following means: while
under the influence of an alcoholic beverage or drugs or a combination of such
substances; while having an alcohol concentration of .08 or more as measured in
the person's breath, blood or urine; and while any amount of a controlled
substance is present in the person as measured in the person's blood or urine.

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

A TRUE INFORMATION

_________________________
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 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

KRISTAN ERSKINE, Deputy, Sac County Sheriffs Office


MICHAEL M. TATE OR JAMES A. BLESKACEK, DCI Criminalist

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
OWCR012681

Case Title
STATE VS TROY ANTHONY TUGGLE

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 2014-11-07 08:48:55

page 4 of 4

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012681


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

TROY ANTHONY TUGGLE ,

Defendant.

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 is
scheduled on 11/19/2014 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

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012681

Case Title
STATE VS TROY ANTHONY TUGGLE
So Ordered

Electronically signed on 2014-11-07 08:48:56

page 2 of 2

E-FILED 2014 NOV 20 4:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 20 4:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 20 4:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 21 12:57 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
TROY ANTHONY TUGGLE ,

Case No: 02811 OWCR012681


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

Defendant.
The defendant having filed a written arraignment in this matter on November 20, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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 01/27/2015 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

E-FILED 2014 NOV 21 12:57 PM SAC - CLERK OF DISTRICT COURT


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

E-FILED 2014 NOV 21 12:57 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012681
Type:

Case Title
STATE VS TROY ANTHONY TUGGLE
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-21 12:57:14

3 of 3

E-FILED 2015 JAN 08 8:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Case No. OWCR012681

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

TROY ANTHONY TUGGLE,


Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 7, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Peter Goldsmith. The parties, through
the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information, and the
State has agreed to make the following recommendations to the Court: 1) that
the Defendant be sentenced to 60 days in jail, with all but two of the 60 days
suspended; 2) that Defendant be placed on informal probation through the Sac
County Probation Office; 3) that Defendant pay the minimum fine; and 4) that
Defendants mandatory two-day jail sentence should run concurrent with
Defendants sentence for contempt in FECR012214.
Defendant intends to submit a written guilty plea by January 21, 2015.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012681
Plaintiff,
vs.

ORDER

TROY ANTHONY TUGGLE ,


Defendant.

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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 01/21/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012681
Type:

Case Title
STATE VS TROY ANTHONY TUGGLE
OTHER ORDER
So Ordered

Electronically signed on 2015-01-08 13:45:48

2 of 2

E-FILED 2015 JAN 21 9:18 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 21 9:18 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 21 9:18 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 21 9:18 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 21 10:17 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
02811 OWCR012681
vs.

TROY ANTHONY TUGGLE ,

Order Accepting Plea


and Setting Sentencing

Defendant.

NOW on January 21, 2015, the defendant submits a verified Written Plea of guilty. The
defendant is charged with Operating While Intoxicated 1st Offense, in violation of Section 321J.2, of
the Iowa Code.
The defendant states that defendant is ready to plead and enters a plea of guilty. The written
plea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, with
an understanding of the charge, with knowledge of the penal consequences of the plea, with full
knowledge of the defendant's constitutional rights, and that said rights are waived by a plea of guilty,
without any threats, improper inducements or persuasion, and the Court finds there is a factual basis
for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of defendant's rights
contemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and
State v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea is
made a part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
Sentencing Hearing is scheduled on 02/18/2015 at 10:30 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa , in Courtroom 1
To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certify
the defendant's participation in fingerprinting procedures at or before the time set for judgment and
sentencing proceedings.
Defendant shall obtain a substance abuse evaluation prior to the sentencing hearing.

1 of 2

E-FILED 2015 JAN 21 10:17 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012681
Type:

Case Title
STATE VS TROY ANTHONY TUGGLE
ORDER TO ACCEPT PLEA
So Ordered

Electronically signed on 2015-01-21 10:17:09

2 of 2

E-FILED 2015 FEB 09 12:25 AM SAC - CLERK OF DISTRICT COURT

Date: 2/8/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

OWCR012681

No.
vs.

TROY ANTHONY TUGGLE


Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE


OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:


1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for


expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________


Date___2/8/2015_____________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2015 FEB 09 3:16 PM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 OWCR012681

vs.
TROY ANTHONY TUGGLE ,

ORDER

DEFENDANT.

The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before February 19, 2015. If any objection is filed on or
before February 19, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 19, 2015, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
PETER A GOLDSMITH
MEDIA COORDINATOR
TROY ANTHONY TUGGLE

1 of 2

E-FILED 2015 FEB 09 3:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012681
Type:

Case Title
STATE VS TROY ANTHONY TUGGLE
OTHER ORDER
So Ordered

Electronically signed on 2015-02-09 15:16:09

2 of 2

E-FILED 2015 FEB 19 11:36 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

OWCR012681
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND


SENTENCING ORDER

TROY ANTHONY TUGGLE,


Defendant.

CHARGE(S):

Operating While Intoxicated, First Offense, a serious misdemeanor,


in violation of Iowa Code 321J.2

Defendant has filed a written guilty plea and a waiver of Defendants 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 Defendants plea of guilty to the
above-referenced charge(s) is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
the court costs of this action, including court-appointed
attorney fees. The Court finds through information provided
by the parties, the Defendant IS NOT reasonably able to
pay this expense.
However, since no personal or property injury resulted from
Defendants actions, $625.00 of the fine and $218.75 of the
surcharge shall be waived upon Defendants filing of proof, at the
end of the minimum period of ineligibility, of a temporary restricted
license issued to Defendant pursuant to Iowa Code Section
321J.20.

E-FILED 2015 FEB 19 11:36 AM SAC - CLERK OF DISTRICT COURT

Defendant shall pay all financial obligations to the Clerk of Court of


this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.
b.

Defendant shall serve sixty (60) days in the county jail concurrent
with FECR012214, with all but two (2) days of the sentence
suspended. Defendant shall be given credit for time previously
served in this matter and FECR012214. The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by July 1, 2015.

Defendant may participate in a 48-hour Weekend Alcohol Program


and receive credit towards 48 hours of the jail sentence. If
Defendant does not serve the jail sentence by that date, in addition
to Defendant being subject to contempt of court or probation
revocation proceedings, upon written request from the Sheriff, the
Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;
c.

As a condition of a portion of Defendants sentence being


suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(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

E-FILED 2015 FEB 19 11:36 AM SAC - CLERK OF DISTRICT COURT

agreement requested by the Probation


Telephone contact is not sufficient;

Supervisor.

(2)

Defendant shall obey all laws;

(3)

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; and

(4)

Defendant shall comply with all terms of this Order,


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

d.

Defendant has obtained a substance abuse evaluation. Defendant


shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and

e.

Defendant shall enroll in and complete the Drinking Driver's School


sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.

3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.

E-FILED 2015 FEB 19 11:36 AM SAC - CLERK OF DISTRICT COURT

6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
7.
IT IS FURTHER ORDERED that Case Nos. SMCR012682 are dismissed
upon motion of the county attorney and pursuant to plea agreement. Costs are taxed
to the Defendant.

Clerk Shall Furnish Copies To:


County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

E-FILED 2015 FEB 19 11:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
OWCR012681

Case Title
STATE VS TROY ANTHONY TUGGLE
So Ordered

Electronically signed on 2015-02-19 11:36:54

page 5 of 5

E-FILED 2015 FEB 19 3:25 PM SAC - CLERK OF DISTRICT COURT

Potrebbero piacerti anche