Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
OFFENDER
Last
First
Middle
SEFCIK
DANIEL
PAUL
Suffix
Address
City
State
Zip Code
251 LAKE ST
LAURENS
IA
50554
Date of Birth
Gender
Race
Ethnicity
7/29/1990
MALE
WHITE - W
State
Height
Weight
Eye Color
Hair Color
IA
5' 08"
150 LBS
HAZEL - HAZ
OFFENSE
State Local
Code Section
Crime Description
Class
716.4(1)
FELD
Location Type
20 - RESIDENCE/HOME
Literal Description
PERKINS AVE
Address
City
State
NEMAHA
IA
YES
09/27/2015
Zip Code
50567
Upper Time Range
23:00
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
intentionally damage, deface, alter or destroy tangible property, to-wit: spray painted and graffitied a house, garage, barn, a vehicle and
slashed the tires on the vehicle\___, the cost of replacing, restoring and/or repairing of which exceeds $1,000 but does not exceed $10,000
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On September 27, 2015 at approximately 11:00 PM, the defendant admitted to causing damage to a house, garage, barn and vehicle by spray painting
obscenities at 2035 Perkins Ave. The defendant also admits to slashing three tires on the vehicle with a multi tool. The defendant admitted to the
offense when questioned while trying to bail his accomplice out of jail.
HATTERMAN, JOHN
Signature of Complainant or Officer, Officer Name & Number
Printed At
9/28/2015
8:33 AM
Page 1
of 2
Form #:
15-11014
81-6
Defendant Implicated
02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 09 - NEAR SCENE OF CRIME, 14 - OTHER
PHYSICAL EVIDENCE
MULTI-TOOL
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
KAREN KIME
Commission Number
777584
My Commission Expires
03/21/2016
09/28/2015
Peace Officer
9/28/2015
8:33 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
15-11014
OFFENDER
Last
First
Middle
SEFCIK
DANIEL
PAUL
Suffix
Address
City
State
Zip Code
251 LAKE ST
LAURENS
IA
50554
Date of Birth
Gender
Race
Ethnicity
7/29/1990
MALE
WHITE - W
State
Height
Weight
Eye Color
Hair Color
IA
5' 08"
150 LBS
HAZEL - HAZ
OFFENSE
State Local
Code Section
Crime Description
Class
716.8(2)
SRMS
Location Type
20 - RESIDENCE/HOME
Literal Description
PERKINS AVE
Address
City
State
NEMAHA
IA
YES
09/27/2015
Zip Code
50567
Upper Time Range
23:00
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
commit criminal trespass upon the property of 2035 Perkins Ave (causing more than $200 in damage) by entering upon or in property by one
or more of the following means: without the express permission of the owner, lessee, or person in lawful possession with the intent to
commit a public offense, to use, remove therefrom, alter, damage, harass or place thereon or therein anything animate or inanimate or to
hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer or preserve whitetail,
which is on or in the property by a person who is outside the property; without justification after being notified or requested to abstain from
entering or to remove or vacate therefrom by the owner, lessee or person in lawful possession, or the agent or employee thereof, or by any
peace officer, magistrate or public employee whose duty it is to supervise the use of maintenance of the property; for purposes of or with the
effect of unduly interfering with the lawful use of the property by others; wrongfully using, removing therefrom, altering, damaging, harassing
or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee or person in lawful
possession; in railway property without lawful authority or without the consent of the railway corporation which owns, leases or operates the
railway property
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On September 27, 2015 at approximately 11:00 PM,the defendant and an accomplice trespassed onto the property at 2035 Perkins Ave and committed
criminal mischief 2nd degree by damaging with spray paint the house, garage, barn and a vehicle. Tires were also slashed
Printed At
9/28/2015
8:33 AM
Page 1
of 2
Form #:
15-11014
on the vehicle.
HATTERMAN, JOHN
81-6
02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 09 - NEAR SCENE OF CRIME, 14 - OTHER
PHYSICAL EVIDENCE
MULTI-TOOL
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
KAREM KIME
Commission Number
777584
My Commission Expires
03/21/2016
09/28/2015
Peace Officer
9/28/2015
8:33 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
15-11014
Charges:
01 - 716.4(1) - CRIMINAL MISCHIEF 2ND DEGREE
02 - 716.8(2) - TRESPASS - INJURY OR DAMAGE GREATER THAN $200
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
$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 and
first offense operating while intoxicated which carries a minimum fine of $1,250. 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 conviction 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 operator's license for a period of and you cannot qualify for a
work permit for days.
Felony, Class D: This charge ordinarily carries a fine of not less than $750 nor greater than $7,500
except in the case of third offense or greater operating while intoxicated which carries a minimum
fine of $1,875 and a maximum of $6,250. Defendant may also be sentenced to an indeterminate
sentence of up to five years in prison. In the case of a third offense operating while intoxicated there
is a minimum 30 day jail sentence and a six year license suspension.
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.
1 of 4
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 one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
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 reasonably 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 license is suspended.
You must obey all laws of Iowa and the United States.
You must post a Cash or Surety bond in the amount of $6,000.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
PRELIMINARY HEARING
2 of 4
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:
Preliminary Hearing is scheduled on 10/20/2015 at 10:00 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
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
HEARING FOR INITIAL APPEARANCE
So Ordered
4 of 4
SEP 28 PM3--37
STATE OF IOWA or
.
V
Criminal
COUNTY
Civil
Plaintiff/Petitioner,
F I N A N C I A L AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
tn support of my application for appointment of counsel, nnd under penalty of perjury, the undersigned
Name:
Home Phone:
states:
BirthDate: 7 /
CL
Cell Phone:
1
StTeet Address:
Street/P.O.Box
Apt#
City
State
Zip
2lper C^hour
month
year
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members arc 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 in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: Ftfr&\h9.
PiCk^P,
9*1* ML . 3? J- ^Ki . <, P^G f&i C
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts
1 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 nny changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application arc true
nnd that I am unable to pay for an attorney to represent me.
Date
$ignature*^2<
6*r
fttv. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
DANIEL PAUL SEFCIK ,
02811 FECR012949
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 over 200% of the guidelines, but a felony charge, not appointing would
cause financial hardship.
1 of 2
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
ORDER APPOINTING
So Ordered
2 of 2
An indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of
.on the
charging
- day of
CfrflMfilAU M&Ctft&f- 2 ^ f e # ^
(designating
it aas
complaint),
person having been duly admitted to bail in the sum of
'Oiv^i i a in l y 11
o
1in
1 i the
u i c warrant,
i v a i i a m , indictment,
11 I U I ^ U n o i n , or
ui
u u i i W I U I I \\), and/such
ui
OU\J
DOLLARS:
Defendant. and
We,
Lederman Bonding Company
and
answer the said indictment (or charge), and submit to the orders and judgment of said court, and not depart without leave of same,
or if such person fails to perform either of these conditions, that such person will pay to the State of lowa the sum of
in the Township of
-this
(Signature)
(Official title)
day of
WARNING! DO NOT ACCEPT THIS DOCUMENT UNLESS YOU CAN SEE A TRUE WATERMARK AND VISIBLE FIBERS FROM BOTH SIDES.
VALID IF POSTED BY:
POWER O F A T T O R N E Y
November 1, 2015
26,000
POWER AMOUNT^
s\
POWER NO.
02333490
S26
KNOW ALL MEN BY THESE PRESENTS that Seneca Insurance Company, Inc., has constituted and appointed, and does hereby constitute and appoint the named Executing Agent its true and lawful Attorneyin-Fact, with full power and authority to sign the company's name and affix its corporate seal to, and deliver on its behalf as surety, any and all obligations as herein provided, and the execution of such obligations
in pursuance of these presents shall be as binding upon the company as fully and to all intents and purposes as if done by the regularly elected officers of said company at its home office in their own proper
person; and the said company hereby ratifies and confirms all and whatsoever its said Executing Agent may lawfully do and perform in the premises by virtue of these presents.
'
'
T W E N T Y SIX T H O U S A N D
'
\-
D O L L A R S
>.
|. .
The authority ofthe Executing Agent under this Power of Attorney is limited to appearance bonds only and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitation,
fines, restitution, payments pr-penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of Attorney is for use with Bail Bonds only
and js void if altered, erased, or used with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or Civil Bonds. A separate Power of Attorney must be attached
to each bond executed. STACKING OF POWERS IS STRICTLY PROHIBITED! No more than one power from this Surety, may be used to execute any one bond. Powers of Attorney must not be returned
to Executing Agent, but should remain a permanent part of the court records.
v
IF BOND FORFEITS, attach a copy ofthis Power of Attorney to the forfeiture not^eand mail to SENEGA INSURANCE COMPANY, INC., ATTN: BAIL BOND DEPT., 160 WATER ST., 16TH FL.,
NEW YORK, NY 10038 and.the Executing Agent named below at:
UtZ&&fi-flJjQift
?mj/
<^j&fiJQ[$^
d&lAJj$Q
IN WITNESS WHEREOF, Seneca Insurance Company Inc. has caused these presents to be signed by its duly authorized Executing Agent and Attorney-in-Fact, proper for the purpose
and its'corporate seal to be hereunto affixed this _
Bond Amount $_
Defendant
A..
day of .
Premium Charged
, / ^ f l M ^ U
Appearance Date
J*
D.O.B. 7 / 2 f / / f ? Q
Case No.
Court
State / v y y ^ ^ V /
Charge C^li^jW^
f ( A ^ & * \
yCounty
O&Sft&Z
/C^^Aj^^.^ji^^A^
Charge.
Amount $
Executing Agent
Attorney-in-Fact
Executing Agent
License No.
Secretary
MARC T.A. WOLIN
DOtJGLAS M . LIBBY
\
IT IS UNLAWFUL TO PRINT OR REPRODUCE THIS FORM.
S6NPOA121-0198/R6V. 5-t4
COURT COPY
/
\
v
\
TRIAL INFORMATION
including the act of taking or attempting to take a deer, other than a farm deer or preserve
whitetail, which is on or in the property by a person who is outside the property; without
justification after being notified or requested to abstain from entering or to remove or vacate
therefrom by the owner, lessee or person in lawful possession, or the agent or employee
thereof, or by any peace officer, magistrate or public employee whose duty it is to supervise the
use of maintenance of the property; for purposes of or with the effect of unduly interfering with
the lawful use of the property by others; wrongfully using, removing therefrom, altering,
damaging, harassing or placing thereon or therein anything animate or inanimate, without the
implied or actual permission of the owner, lessee or person in lawful possession; in railway
property without lawful authority or without the consent of the railway corporation which owns,
leases or operates the railway property.
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
NAMES OF WITNESSES:
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
DEANNA COHOON, OCCUPATION UNKNOWN
TAYLOR MILLER, OCCUPATION UNKNOWN
T.M., A JUVENILE MALE, VEHICLE OWNER
SETH and LORETTA SMITH, PROPERTY OWNER
Case Number
FECR012949
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
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
page 4 of 4
STATE OF IOWA,
Plaintiff,
vs
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 11/04/2015 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.
Case Number
FECR012949
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
So Ordered
page 2 of 2
Defendant.
The defendant having filed a written arraignment in this matter on November 4, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/16/2015 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 01/26/2016 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
2 of 3
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
ORDER SETTING TRIAL
So Ordered
3 of 3
No. FECR012949
Plaintiff,
v.
DANIEL PAUL SEFCIK,
REPORT OF PRETRIAL
CONFERENCE
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 16, 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, John M. Loughlin. The parties, through the
undersigned, represent to the Court that an agreement has been reached, the
terms of which are as follows:
1.
That the State has agreed to recommend that Defendant pay the
minimum fine, pay costs, receive a suspended jail sentence and be placed on
informal probation through the Sac County Probation Office.
3.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org
STATE OF IOWA,
02811 FECR012949
Plaintiff,
vs.
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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 01/20/2016 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
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
OTHER ORDER
So Ordered
2 of 2
Amount of Loss
Deductible
$3135.60
$ 700.00
$1000.00
$ n/a
Restitution
Amount
$1000.00
$ 700.00
$1,700.00
AMENDED
TRIAL INFORMATION
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, Daniel Paul Sefcik of
the crime of CRIMINAL MISCHIEF IN THE THIRD DEGREE, an Aggravated Misdemeanor in
violation of Iowa Code Sections 716.1 and 716.5 committed as follows:
The said Defendant, Daniel Paul Sefcik, on or about September 27, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter
or destroy tangible property, to-wit: Damage-deface, a house, garage, barn, and a vehicle at
2035 Perkins Avenue, Nemaha; and the cost of replacing, restoring and/or repairing of which
exceeds $500 but less than $1,000.
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
Case Number
FECR012949
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
On this date, I have reviewed the attached Amended Trial Information and find that it
contains 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
Amended Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 2 of 2
No. FECR012949
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION
vs.
DANIEL PAUL SEFCIK,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:
Count I: CRIMINAL MISCHIEF IN THE THIRD DEGREE, an Aggravated
Misdemeanor in violation of Iowa Code Sections 716.1 and 716.5.
5. A copy of the amended and substituted Trial Information is submitted to the Court.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial 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
Copy to: Defendants Attorney John M. Loughlin
PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on December 22, 2015
by:
[ ] U.S. Mail
[ ] Fax
[ ] Certified Mail
[ x] EDMS
Signature: /s/Norma Hecht
OTHER ORDER
Case Number
FECR012949
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
So Ordered
page 2 of 2
o
Co
23,
3Z
O
I, the undersigned Defendant, have carefully read and fully understand the following:
O:
N D
(5) . At trial, I would have the privilege against self-mcrunination, that is, I cannot be
forced to testify, and i f l 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.
E. 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 i f l had been tried and found guilty by a jury.
F. The Court, in determining whether there is a factual basis for this plea of guilty, may
make such a determination by examining the Minutes of Testimony attached to the 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: The County Attorney will amend Count I to
the charge of Criminal Mischief in the Third Degree and I will plead guilty to the
amended charge. The County Attorney will recommend that I be sentenced to serve
sixty (60) days in the Sac County Jail, which will be suspended, with credit for time
already served. I will be placed on Informal Probation to the Sac County Probation
Officer for a period of one vear from the Judgment date. I will pay a fine in the amount
of $625.00. plus the 35% surcharge in the amount of $218.75. the $125.00 Law
Enforcement Initiative surcharge, court appointed attorney fees, and court costs. I will
pay restitution, joint and several, in the amount of $1.700.00 to Mr. Seth Smith, through
the Clerk of Court, as filed in the Statement of Damages. Additional restitution, if any,
for the damage to the vehicle will be filed with the court within thirty days of the
Judgment entry. As part of the plea agreement, the County Attorney will recommend
dismissal of Count II of the Trial Information.
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: Defendant did unlawfully and intentionally damage,
deface, alter, or destruct tangible property, and the cost of replacing, repairing, or
restoring the damage to the property exceeds $500.00 but does not exceed
$1000.00. 1 understand the nature of the charge against me.
G. This offense was committed by me in Sac County Iowa by my doing the following:
I did on or about the 27 day of September 2015 knowingly and without the right
to do so. damage tangible property, at the Seth Smith property at 2035 Perkins
Avenue, Nemaha, and the cost of repairing and or replacing the damaged
property exceeds $500.00 but does not exceed $1000.00.
>h
I hereby state that I submit this written plea of guilty with full knowledge and waiver ofmy
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.
H. If the Court accepts my plea of guilty, I realize:
(1) . The Court will set a sentencing date not less than fifteen days after the date of 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, 1 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.
W A I V E R OF R I G H T T O B E 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.
)
) SS
SACCOUNTY
)
On this
day of _
2015 before me the undersigned, a Notary Public in
and for On
saidthis
State, personally appeared
to me known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that he executed the same of his voluntary act and deed.
nofl
FECR012949
Plaintiff,
v.
CHARGE:
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 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 above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge of $218.75;
(3)
court-appointed attorney fees. The Court has
determined, by information presented by the parties, that
Defendant is able to pay court-appointed attorney fees;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in favor of Seth Smith in the amount of
$1,700.00. to be paid jointly and severally with any codefendant convicted in connection with this matter.
Additional restitution, if any, in connection with a damaged
vehicle may be determined at a later time. The State shall
file a statement of pecuniary damages within 30 days of
(6)
Defendant shall serve sixty (60) days in the county jail. This
sentence is suspended in its entirety. Defendant shall be given
credit for time previously served. The County Sheriff shall
designate the appropriate county jail facility.
In compliance with Iowa Code Section 356.7, 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; and
c.
d.
(1)
(2)
(3)
(4)
Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation; and
(5)
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 sum of $5,000.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
OTHER ORDER
Case Number
FECR012949
Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
So Ordered
page 5 of 5