E-FILED 2015 JAN 18 2:59 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 20 8:55 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 26 9:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012732
vs.
JESSICA TAYLOR ,
Defendant.

ORDER ON INITIAL APPEARANCE

Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 and
first offense operating while intoxicated which carries a minimum fine of $1250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of confiction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operators license for a period of 180 and you cannot qualify
for a work permit for 0 days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
1 of 4

E-FILED 2015 JAN 26 9:43 AM SAC - CLERK OF DISTRICT COURT

MANDATORY SUBSTANCE ABUSE EVALUATION:

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.

PRELIMINARY HEARING
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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
2 of 4

E-FILED 2015 JAN 26 9:43 AM SAC - CLERK OF DISTRICT COURT

Preliminary Hearing is scheduled on 02/09/2015 at 10:30 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa. in the magistrate courtroom.
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, 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
Defendant
Sac County Sheriff
The Court has provided a copy to the Defendant

3 of 4

E-FILED 2015 JAN 26 9:43 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012732
Type:

Case Title
STATE VS JESSICA LYNN TAYLOR
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2015-01-26 09:43:06

4 of 4

E-FILED 2015 FEB 05 2:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. OWCR012732

Plaintiff,
v.

TRIAL INFORMATION

JESSICA LYNN TAYLOR,

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, Jessica Lynn Taylor (Defendant) of the crime of OPERATING
WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of
Iowa Code Section 321J.2 committed as follows: On or about January 18, 2015,
in Sac County, 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.
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 2015 FEB 05 2:35 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST
ALEXANDER EHLERS, Chief, Schaller Police Department
MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI

E-FILED 2015 FEB 05 2:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012732

Case Title
STATE VS JESSICA LYNN TAYLOR

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 2015-02-05 14:35:13

page 3 of 3

E-FILED 2015 FEB 05 2:35 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012732

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

JESSICA TAYLOR ,

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 02/18/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to 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 2015 FEB 05 2:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012732

Case Title
STATE VS JESSICA LYNN TAYLOR
So Ordered

Electronically signed on 2015-02-05 14:35:14

page 2 of 2

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

NO.

PLAINTIFF

OUKEPIZIS^

APPLICATION TO WAIVE

vs.

co

ATTORNEY AND PROCEED (PRO SE)o

DEFENDANT

In support of my application to waive attorney I state:

1.

I know I have a right to be represented by an attorney in this case

and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2.
I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3.
I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4.
Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.

Dated this 3

!% IS

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
*
No. OWCR012732
Plaintiff,
vs.
JESSICA LYNN TAYLOR,

WRITTEN ARRAIGNMENT
PLEA OF NOT GUILTY
ProSe

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Defendant.

COMES NOW the Defendant in the above-captioned criminal case and under oath states:
1. I have been informed of my right to be represented by an Attorney, and decline to be
represented by an attorney and I wish to proceed ProSe.
2. My current mailing and residence addresses and telephone number are:
Address:

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understand English language and have completed the following level of

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4. I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this
Written Arraignment and Plea 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 Trial Information which charges me with the crime of
OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in
violation oflowa Code Section 321 J.2. I have read it and I have familiarized 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"):
Ln a. The name on the Trial Information is my true name. I have been advised and
understand that I am now precluded from objecting to the Trial Information upon the
grounds that I am improperly named.
( ) b. The name shown on the Trial Information is not my true name. My true name
is
. I request that an entry be made in the
minutes showing my true name. I have been advised and understand further
proceedings will be had against me by that true name, the Trial Information will be

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amended accordingly, and when the Trial Information is so amended, I will be

precluded from objecting upon the grounds I am improperly named.
7. I have advised and understand that I may plead guilty, not guilty or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to contemplate my case,
and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 27(2)(b) ofthe Iowa
Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the
Trial Information and (check either "a" or "b"):
a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
( ) 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 Criminal
Procedure. I will be available for trial on the following days:
.

- - v

(Xu,AtS~

Defendant, Jessica Lynn Taylor

STATE OF IOWA
) SS
SAC COUNTY
On this IS
day of J^fofUjVfo\ilf)
201_5 before my the undersigned, a Notary
Public in and for said State, personally appeared
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to me known to be the identical person named in and who executea the foregoing instrument,
and acknowledged that she executed the same of her voluntary act and deed.
n

Notary Publicum) and for the State oflowa

Original e-filed
SHELLEY BASS
Clerk of District Court - Designee
See County

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

No. OWCR012732

STATE OF IOWA,
Plaintiff,
vs.
JESSICA LYNN TAYLOR
DOB: 01/28/1992
Defendant.

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OWI - 1st OFFENSE

GUILTY PLEA

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COUNT I
I, the undersigned Defendant, have carefully read and fully understand the following:
I am charged with OPERATING A MOTOR V E H I C L E WHILE INTOXICATED, FIRST
OFFENSE, in violation of Iowa Code Section 321 J.2, a Serious Misdemeanor, and I hereby
request that my plea of guilty to the charge be entered of record.
A.

The maximum punishment for a Serious Misdemeanor is imprisonment of not

more than one year in jail and a mandatory fine of not more than $1,250.00, plus statutory
surcharges, plus court costs and all costs and fees incurred for legal assistance which is
immediately due on the date of sentencing. I realize that, if there was no personal or
property injury, and I present to the Court a temporary restricted license, the Court may
waive up to $625 of the fine and the related statutory surcharge. I acknowledge that, the
Court may order me to perform community service work, if the Court is of the opinion
that community service work will deter and discourage others from similar criminal
activity. The community service must be done for a governmental or non-profit agency.
(The rate at which community service shall be calculated against my fine shall be the
federal minimum wage.) In addition, I may be required to pay correctional fees for
incarceration and enrollment fees for probation. I am aware that sentencing options may
include deferral of Judgment and Sentence, the grant of probation and the suspension of
the sentence imposed.
There is a minimum penalty of imprisonment in jail for 48 hours, which must be imposed
unless I am eligible for a deferred judgment, or deferred sentence.
The Court must order me to attend a course for drinking drivers.
The Court must order me to undergo a substance abuse evaluation and to follow the
recommendations.
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.
Unless the Department of Transportation has already revoked my license or driving
privileges, I understand my license or driving privileges will be revoked a minimum of 180
days.

 I understand that there can be no deferral of judgment or sentence or suspension of any

mandatory minimum sentence of incarceration and no suspension of any other part of my
sentence not involving incarceration if:

I tested over . 15%; or

I refused an implied consent test; or

I have been convicted of OWI or received a deferred judgment or sentence for

OWI in Iowa or any other state; or

If another person was injured by this OWI offense.

I understand that there can be no reduction of my fine and the related statutory surcharge
unless:

The Court finds that there has been no personal injury as a result of my actions,
and

The Court finds that there has been no property damage as a result of my actions,
and

I present a temporary restricted license within the time ordered by the Court.
I understand I must complete a substance abuse evaluation at my own expense before I
can be sentenced. I will provide the evaluation to the Court before I am sentenced.
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 Count I: Operating a Motor
Vehicle While Intoxicated I ' Offense. Recommended Jail time is 30 days, all of which will
be suspended except for two (2) days, with credit for any time served in the amount of nine
(9) hours and fifteen (15) minutes. Defendant may substitute a 48-hour Weekend Alcohol
Program for 48 hours jail time. If I choose not to attend the 48 hour Weekend Alcohol
Program, then I will have to complete the 12 hour Drinking-Driving Course. I will be placed
on probation to the Sac County Probation Officer for a period of one year from the Judgment
entry date. I will pay a fine of $1.250.00, plus a 35% surcharge in the amount of $437.50.
and a $10.00 DARE surcharge, and court costs; to be paid as approved in the Sac County
Standard Probation Agreement. If I provide proof of a temporary driving permit the fine will
be reduced to $625.00.1 will follow the recommendation of the Substance Abuse Evaluation,
which I was ordered to obtain by the Court. I understand that if my license to drive has not
already been revoked for this offense, the Iowa Department of Transportation will revoke my
driver's license pursuant to Iowa Code Chapter 321J for the statutory period.
s

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.
F. 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: That I operated a motor vehicle (1) while under the
influence of an alcoholic beverage or other drug or a combination of such
substances; or (2) while having an alcohol concentration of .08 or more; or (3) while
any amount of a controlled substance is present in my person as measured in my
blood or urine. I understand the nature of the charge against me.
This offense was committed by me in Sac County Iowa by my doing the following: I did on
or about the 18 dav of January 2015 unlawfully operate a motor vehicle while under
the influence of alcohol and was intoxicated at the time when I was driving and did
have a blood alcohol concentration of .168 (BAC).
th

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
agreement disclosed to the Court at the time of this guilty plea.
G. 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 thanfifteendays after the
date of its acceptance of this guilty plea unless I waive this right, and the right to file a
Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this plea
of guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I waive any time to which I may be entitled
for sentencing at a later date.
WAIVER OF RIGHT TO BE PRESENT
I have been fully advised that I have a constitutional right to be present at my sentencing
and present evidence in my own behalf. I understand that it is my choice to be present or not,
and that no one can exclude me 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.
ciM/yi>V"

Defendant, Jessica Lyfrn Taylor

STATE OF IOWA
SAC COUNTY

)
) SS
)

On this 1L_ _ day of ^^yAJWfrUJ)

2015 before me the undersigned, a Notary Public in and

for said State, personally appeared
^ rfeSSI C& ~T7liJ\\rjV
, 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 Publicuji and for the State or Iowa
SHELLEY BASS
Clerk of District Court - Designee
Sac County

E-FILED 2015 FEB 18 12:05 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012732
Plaintiff,
RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER

v.
JESSICA LYNN TAYLOR,
Defendant.

CHARGE:

Operating While Intoxicated, First Offense, a serious misdemeanor,

in violation of Iowa Code 321J.2

Defendant has filed a written arraignment and guilty plea and a waiver of
Defendants right to be present for sentencing. Defendant asks that the plea to the
above charge 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 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)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
(5)
the court costs of this action.

E-FILED 2015 FEB 18 12:05 PM SAC - CLERK OF DISTRICT COURT

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.
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 thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
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 May 18, 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

E-FILED 2015 FEB 18 12:05 PM SAC - CLERK OF DISTRICT COURT

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
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(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

E-FILED 2015 FEB 18 12:05 PM SAC - CLERK OF DISTRICT COURT

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.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.

Clerk Shall Furnish Copies To:

County Attorney
Defendant
County Sheriff
Iowa Department of Transportation

E-FILED 2015 FEB 18 12:05 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012732

Case Title
STATE VS JESSICA LYNN TAYLOR
So Ordered

Electronically signed on 2015-02-18 12:05:57

page 5 of 5

E-FILED 2015 FEB 20 10:30 AM SAC - CLERK OF DISTRICT COURT