DISTRICT COUKI OF lOfcv.

SAC COUNTY
IN THE IOWA DISTRICT COURT FOR SAC COUNTY FUED

MAGISTRATE DIVISION
STATE OF IOWA, Plaintiff vs. : MAGISTRATE NO.

2013 JUL 2? AN 9: 30

aiming

INITIAL APPEARANCE OWI Defendant On this 3 ^ day of i , 20 , the Defendant herein appears before the undersigned Magistrate in and for Sac Counjfy^ having been charged with the crime of Operating While Intoxicated j \ X offense, being a violation of Section "31 ( . 3 of the Code of Iowa. The Court advises the Defendant as follows:
t

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. 3~ , which is classified as:

2. That he/she is charged with a violation of Section J?-H Felony - Class Aggravated Misdemeanor "fv. Serious Misdemeanor 3. That the maximum the maximum a) b) c) X d)

punishment tor for a a plea plea ot of guilty guilty or or conviction conviction of the above charge is: punishment One Year County Jail - Minimum A days Years Prison . , ... And/Or a fine of not less than $ (ASP or more than S (, IS f 3$ 1 You will lose your license for a minimum of /fcl)days and cannot obtain a work permit for U days.
1 u

. . S/C T OCj(J

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 (a) i \ 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 Cluuu D fllony/serious misdemeanor; or (b) A (If appropriate) Upon consideration ofthe factors in Section 811.2, the Court ic not
i - p ^ n n a ^ l y flcci-pH tiiot y n n a p p e a r at q l ! COUrt p r o c e e d i n g s i n the f n t i i r p a n H l h u r e f n r p the

5.

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 vour 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 fSac City - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 7325136) or a facility of vour choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368. Sac Citv. IA 50583. Y O U A R E NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO C O M P L Y WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to a 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: Set for the ,20/^at H.'QO Magistrate Courtroom, Courthous^, Sac City, Sac County, Iowa.

<?j(k d a y of 4 f t , j

A . M . in the

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 H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS F R O M THIS DATE, T H E SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED A T HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (If you are hearjng^ impaired, call Relay Iowa TTY at 1-800-735-2942.)

Warren L. Bush/Joseph J . Heidenreich, Judicial Magistrate Copies to: County Attorney Defendant Sac County Sheriff

COMPLAINT
Form 420001E 1/07 PLAINTIFF State of Iowa In the Court at VS. Name

Dispatch / Case #:

Citation #: E-FILED 2013 JUL 22 4:19 PM SAC - CLERK OF DISTRICT COURT 130721 P04 1LEF IOWA UNIFORM CITATION AND COMPLAINT
Law Enforcement Agency IOWA STATE PATROL - DIST 04 City of:

020926 0

Reference #:
County of: SAC - 81

SAC COUNTY COURTHOUSE 100 NW STATE STREET SUITE 12 THOMAS

First DL Class

SAC CITY
DL#

IA

50583
DL/State ID Viewed? YES DOB 04/27/1970 Ethnicity N Sex MALE

ANDERSON
Defendant, Last

PATRICK
Middle City

JR
Suffix

982AA7491
State IA DL Rest. NONE Zip Code Height

Address 325 S SAMSON ST DL State IA The undersigned states that on or about US DOT# ICC#

ROLAND
DL End. L

Race W 50236-0000 6' 02" Weight

07/21/2013

at 12:35 AM

defendant did unlawfully: Operate Motor Vehicle/Boat State

2011 BLK

Lic. Plate #/REG 396TJG

Upon a public highway at HWY M68 370TH Scheduled Violation/Fine Criminal Surcharge Co. Enf. Surcharge Court Costs Total Fine/Costs

CDL NO HazMat End Req? Req? Req? Located in the county and state aforesaid and did then and there commit the following offense:

IA

Year 2014

FORD FORD Pass End

F15

PK

Court Appearance Required (805.10) Reason: Serious P.I. Fatal Accident

Road Work Zone Civil Damage Assessment

Non-scheduled Violation Other

Speed Fed/Adm Code:

in

Zone

N/A

Violation OPER VEH WH INT (OWI) / 1ST OFF Sec #: 321J.2 ICIS Sec #: 321J.2(2)(A) I.D. No. 141 Local Ord. ICIS Ord.

IA Code: 20 13

Officer's Signature

Dated 07/21/2013

NOTICE: Providing false identification information is a violation of Section 719.1A of the Code of Iowa and is punishable as a simple misdemeanor.
You hereby are given notice that within a reasonable time but no later than the date scheduled for your initial appearance a citation/complaint sworn under oath will be filed with the district court clerk of the county in which this citation was issued.

Court Date: If you must appear in court or if you choose to appear to answer to a charge which does not require an appearance, report to the above named court on: 07/23/2013 at 9:00 AM
My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information.

2. I promise to appear in said court at said time and place. I understand that a person who willfully fails to appear in court as specified by this citation may be subject to arrest and/or loss of driving privileges. 3. If a court appearance is not required, I may enter a plea of guilty prior to the designated appearance date by delivery in person, or by agent, or by mail to the court specified by this citation. The following applies to simple misdemeanors only:

$1,000.00 4. I hereby give my unsecured appearance bond in the amount of dollars and enter my written appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court cost.

*+P041LEF1307210209260+*
Dated
Signature of Defendant

X
Subscribed and sworn to me by this

07/21/2013

I swear that the foregoing complaint is true and correct.

LEFFLER, K

at

SAC CITY - 6717

Notary/other

, Iowa

22

day of

JULY, 2013
Notary/other Signature

Officer's Signature

Agency

IOWA STATE PATROL - DIST 04

NOTARY

ABSTRACT OF COURT RECORD

COURT NO. DOCKET NO. LICENSE NO. FORFEIT BOND BAIL CASH DEPOSIT PLEA GUILTY NOT GUILTY VERDICT GUILTY NOT GUILTY DISMISSED CASE NO. CASE NO. STATE: Iowa Other

Citation #:

P04 1LEF 130721 020926 0

TESTIMONY - JUDGE'S NOTES: (Other Orders)

JURY TRIAL

NO JURY TRIAL or PROCEEDING

Date

Signature, person giving bail

Signature, person taking bail

OTHER DISPOSITION The court Therefore Enters in Following Order This Date
Mo. Day Yr.

Driver's License Recommendation DATE: DATE: DATE:

None

School

Susp.

Revo

Days

Continued to: Continued to: WARRANT ISSUED

REASON REASON

FINED $ Incarceration in

SURCHARGE $

COST $ Days:

TO THE COURT: The following are witnesses who can give testimony relating to the facts of this alleged violation. Please subpoena prosecuting witness: Name Address Phone

E-FILED 2013 JUL 29 10:16 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. THOMAS PATRICK ANDERSON, Defendant. : : : : : APPEARANCE; PLEA; WAIVER OF PRELIMINARY HEARING; AND REQUEST TO CONSOLIDATE CRIMINAL NO.: OWCR012379 STA0018278

COMES NOW attorney, Matthew T. Lindholm, and hereby enters his Appearance for the Defendant in the above captioned case. The Defendant pleads NOT GUILTY and waives Preliminary Hearing. Defendant further requests that any companion citations and/or misdemeanors be consolidated and that an arraignment date be set.

Respectfully submitted, Gourley, Rehkemper & Lindholm, PLC

________________________________ By: Matthew T. Lindholm, AT4746 440 Fairway, Suite 210 West Des Moines, Iowa 50266 Telephone Number (515) 226-0500 Facsimile: (515) 244-2914 E-mail: mtlindholm@grllaw.com ATTORNEY FOR DEFENDANT ORIGINAL FILED. Copy to: Sac County Attorney
CERTIFICATE 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 July 29, 2013. By: U.S. Mail Hand Delivered Certified Mail FAX Overnight Courier x Other

Michelle Nulph

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. THOMAS PATRICK ANDERSON, JR., DOB: 04-27-1970 Defendant. TRIAL INFORMATION Case No. OWCR012379

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, Thomas Patrick Anderson, Jr. (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 July 21, 2013, 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 /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 AUG 08 9:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 Approval of Trial Information Case Title STATE VS THOMAS PATRICK ANDERSON JR

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 2013-08-08 09:47:18

page 2 of 2

E-FILED 2013 AUG 08 8:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. THOMAS PATRICK ANDERSON, JR., Defendant. ATTACHMENT TO TRIAL INFORMATION: WITNESS LIST Case No. OWCR012379

KEVIN LEFFLER, State Patrolman, Iowa State Patrol- Post 4 MICHAEL M. TATE OR JAMES A. BLESKACEK, or other Designated Criminalist, CRIMINALIST, Iowa Department of Public Safety, DCI Criminalistics Laboratory,

E-FILED 2013 AUG 08 9:46 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINA NO. OWCR!"#$%& Plaintiff, ORDER SET ARRAI'NMENT AND APPROVE (OND VS. THOMAS PATRICK ANDERSON, JR., Defendant.

T)e TRIA INFORMATION and t)e MINUTES OF EVIDENCE in t)i* +atte, )a-e .een e/a+ined and f01nd t0 20ntain *1ffi2ient e-iden2e, if 1ne/3lained, t0 4a,,ant a 20n-i2ti0n in a t,ial .5 61,5, t)e,ef0,e, t)i* +atte, *)all .e *et f0, A,,ai7n+ent. IT IS ORDERED, t)e Defendant *)all 3e,*0nall5 a33ea, f0, A,,ai7n+ent at t)e Sa2 C01nt5 C01,t)01*e, Di*t,i2t C01,t,00+, Sa2 Cit5, I04a 0n t)e 27th da5 0f August 2013 at 9:00 a.m.. T)e Defendant i* ad-i*ed t)at fail1,e t0 a33ea, 4ill ,e*1lt in t)e i**1an2e 0f an a,,e*t 4a,,ant. IT IS FURTHER ORDERED, t)e Defendant8* .0nd and 20nditi0n* f0, ,elea*e f,0+ 21*t0d5 in t)i* +atte, *)all .e9 Defendant i* ,elea*ed 0n 3e,*0nal ,e207ni:an2e. (0nd i* *et in t)e a+01nt 0f ;<<<<<<<<<<<<<<<<. (0nd +a5 .e 1n*e21,ed. (0nd +1*t .e 2a*) 0, *e21,ed in t)e a+01nt 0f t)e (0nd. "!= 2a*) +a5 .e 30*ted. Bond previously set shall continue. Cle,> 0f C01,t *)all i**1e a *1++0n* f0, Defendant t0 A33ea,. Cle,> 0f C01,t *)all i**1e an a,,e*t 4a,,ant. Other Conditions o !elease: "e endant shall o#ey all $ederal% &tate% and 'ocal la(s. T)e Defendant *)all .e 0n 3,e?t,ial *13e,-i*i0n t0 t)e Se20nd J1di2ial Di*t,i2t De3a,t+ent 0f C0,,e2ti0nal Se,-i2e*. Ot)e,9 )*+ "e endant is Ordered to immediately o#tain a &u#stance A#use ,valuation and provide it to the Court. $ailure to do so may result in the revocation o "e endant-s .re /rial !elease.

State of Iowa Courts Type: Case Number OWCR012379 ORDER FOR ARRAIGNMENT Case Title STATE VS THOMAS PATRICK ANDERSON JR So Ordered

Electronically signed on 2013-08-08 09:47:19

page 2 of 2

E-FILED 2013 AUG 26 3:41 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 26 3:41 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 26 3:41 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 27 10:55 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. THOMAS PATRICK ANDERSON JR, DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 26, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Matthew T. Lindholm. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013, at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24, 2013, at 9:00 a.m. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes 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

Case No. 02811 OWCR012379

ORDER FOR TRIAL

E-FILED 2013 AUG 27 10:55 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY MATTHEW THOMAS LINDHOLM DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 AUG 27 10:55 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012379 Type: Case Title STATE VS THOMAS PATRICK ANDERSON JR ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-27 10:55:30

3 of 3

E-FILED 2013 SEP 27 9:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. THOMAS PATRICK ANDERSON, JR., Defendant. IT IS HERE*Y ORDERED t+at t+e ,-et-ial .!nfe-en.e +eld Se,te/0e- $1, $"#%, +all 0e and i .!ntin2ed t! O.t!0e- 3, $"#%, at '4"" a./., in t+e .!2-t-!!/ at t+e Sa. C!2nt5 C!2-t+!2 e, Sa. Cit5, I!6a. If t+e defendant fail t! a,,ea- 0ef!-e t+i C!2-t a !-de-ed, a 6a--ant /a5 i 2e f!- +i a--e t. ORDER CONTINUIN( PRETRIA) CONFERENCE Ca e N! . OWCR"#$%&'

E-FILED 2013 SEP 27 9:33 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 OTHER ORDER Case Title STATE VS THOMAS PATRICK ANDERSON JR So Ordered

Electronically signed on 2013-09-27 09:33:04

page 2 of 2

E-FILED 2013 SEP 30 4:32 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY : STATE OF IOWA, : Plaintiff, : v. : THOMAS P. ANDERSON JR., : Defendant. MOTION TO SUPPRESS AND MOTION TO CONTINUE CASE NO. OWCR012379

COMES NOW the Defendant by and through the undersigned counsel and pursuant to Iowa Rule of Criminal Procedure 2.11(2)(c) states the following in support of his motion to suppress and motion to continue: 1. The Defendant was stopped by Iowa State Patrol Officer Kevin Leffler on July 21, 2013, for speeding and was subsequently investigated for operating while intoxicated first offense. 2. During the investigation, the Defendant was asked to do an HGN test and following completion of that test, he was told by the officer that he looks ok and that he isnt worried. 3. The officer then asked the Defendant to do a preliminary breath test to confirm that he was ok to drive and the Defendant responded that he had chewing tobacco in his mouth. 4. The officer then had the Defendant spit the chewing tobacco out and had him perform the walk and turn and one leg stand tests. 5. After performing the walk and turn test and one leg stand test, the officer again told the Defendant that he wanted him to do the preliminary breath test and that

E-FILED 2013 SEP 30 4:32 PM SAC - CLERK OF DISTRICT COURT

he believed he would pass the preliminary breath test. 6. The Defendant consented to the preliminary breath test and blew over the legal limit and was taken to the station where he was read implied consent and eventually consented to the test and blew .110. 7. The Defendant asserts that suppression is appropriate for the following reasons: A. None of the necessary conditions under Iowa Code Section 321J.6(1)(a-g)

were present prior to the officer invoking implied consent because the Defendant was not placed under arrest prior to the invocation of implied consent and the preliminary breath test calibration records had not been kept in accordance with Iowa Administrative Code Section 661-157.5(2). B. The officer lacked the requisite reasonable grounds to believe he was

operating while intoxicated as required by Iowa Code Section 321J.6 in order to invoke implied consent as evidenced by his statements to the Defendant after completion of the field sobriety tests. See Nieman v. Iowa Dept of Transp., 452 N.W.2d 203, 204 (Iowa App. 1989)( holding the preliminary breath test results and the finding of reasonable grounds are two separate criteria; both of which must be satisfied in order to lawfully invoke implied consent.) See also State v. Braun, 495 N.W.2d 735, 738 (Iowa 1993)(holding that the preliminary breath test cannot be used to establish reasonable grounds under Iowa Code Section 321J.6). 8. There is a pretrial conference set in this matter for October 8, 2013, and it would be in the interest of justice to continue the pretrial conference until the same date and time as the hearing for this motion. WHEREFORE the Defendant respectfully requests that hearing be set to determine the

E-FILED 2013 SEP 30 4:32 PM SAC - CLERK OF DISTRICT COURT

admissibility of the breath test results and implied consent proceeding and that following hearing, and order be entered suppressing the same. The Defendant further requests that the pretrial conference in this matter be continued until the same date and time and the hearing on the motion to suppress.

Respectfully submitted, Gourley, Rehkemper & Lindholm, PLC

________________________________ By: Matthew T. Lindholm, AT4746 440 Fairway Drive, Suite 210 West Des Moines, IA 50266 Telephone Number (515) 226-0500 Facsimile: (515) 244-2914 E-mail: mtlindholm@grllaw.com
ORIGINAL FILED Copy to: Assistant County Attorney

CERTIFICATE 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 ____September 30_____,2013. By: U.S. Mail Hand Delivery Certified Mail FAX Overnight Courier X Other

Signature____Leilani Belisario_______________________

E-FILED 2013 OCT 01 10:54 AM SAC - CLERK OF DISTRICT COURT

2RCR22

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. THOMAS PATRICK ANDERSON JR, DEFENDANT. ORDER SETTING HEARING Case No. 02811 OWCR012379

The Defendant has filed a Motion to Suppress. A hearing will now be scheduled. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. A Hearing is scheduled on 10/21/2013 at 1:30 PM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. .

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY MATTHEW THOMAS LINDHOLM

1 of 2

E-FILED 2013 OCT 01 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012379 Type: Case Title STATE VS THOMAS PATRICK ANDERSON JR ORDER SETTING HEARING So Ordered

Electronically signed on 2013-10-01 10:53:46

2 of 2

E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. THOMAS PATRICK ANDERSON, JR., Defendant.

CASE NO. OWCR !"#$% ORDER RESCHEDU&IN' PRETRIA& CONFERENCE, HEARIN' ON DEFENDANT(S MOTION TO SUPPRESS, AND TRIA&

IT IS HERE)Y ORDERED t*at t*e P+et+ial C,nfe+en-e and Hea+in. ,n Defendant(/ M,ti,n t, S011+e// /*all 2e *eld N,ve32e+ !4, " !#, at ! 5 a.3. in t*e -,0+t+,,3 at t*e Sa- C,0nt6 C,0+t*,0/e, Sa- Cit6, I,7a. IT IS FURTHER ORDERED t*at t*e T+ial ,n t*i/ 3atte+ /*all 2e +e/-*ed0led t, De-e32e+ !$, " !#, at %5 a.3. in t*e -,0+t+,,3 at t*e Sa- C,0nt6 C,0+t*,0/e, Sa- Cit6, I,7a.

E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 OTHER ORDER Case Title STATE VS THOMAS PATRICK ANDERSON JR So Ordered

Electronically signed on 2013-10-08 12:08:03

page 2 of 2

E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. THOMAS PATRICK ANDERSON, JR., Defendant.

CASE NO. OWCR !"#$% ORDER RESCHEDU&IN' PRETRIA& CONFERENCE, HEARIN' ON DEFENDANT(S MOTION TO SUPPRESS, AND TRIA&

IT IS HERE)Y ORDERED t*at t*e P+et+ial C,nfe+en-e and Hea+in. ,n Defendant(/ M,ti,n t, S011+e// /*all 2e *eld N,ve32e+ !4, " !#, at ! 5 a.3. in t*e -,0+t+,,3 at t*e Sa- C,0nt6 C,0+t*,0/e, Sa- Cit6, I,7a. IT IS FURTHER ORDERED t*at t*e T+ial ,n t*i/ 3atte+ /*all 2e +e/-*ed0led t, De-e32e+ !$, " !#, at %5 a.3. in t*e -,0+t+,,3 at t*e Sa- C,0nt6 C,0+t*,0/e, Sa- Cit6, I,7a.

E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 OTHER ORDER Case Title STATE VS THOMAS PATRICK ANDERSON JR So Ordered

Electronically signed on 2013-10-08 12:08:03

page 2 of 2

E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. THOMAS PATRICK ANDERSON, JR., Defendant.

CASE NO. OWCR !"#$% ORDER RESCHEDU&IN' PRETRIA& CONFERENCE, HEARIN' ON DEFENDANT(S MOTION TO SUPPRESS, AND TRIA&

IT IS HERE)Y ORDERED t*at t*e P+et+ial C,nfe+en-e and Hea+in. ,n Defendant(/ M,ti,n t, S011+e// /*all 2e *eld N,ve32e+ !4, " !#, at ! 5 a.3. in t*e -,0+t+,,3 at t*e Sa- C,0nt6 C,0+t*,0/e, Sa- Cit6, I,7a. IT IS FURTHER ORDERED t*at t*e T+ial ,n t*i/ 3atte+ /*all 2e +e/-*ed0led t, De-e32e+ !$, " !#, at %5 a.3. in t*e -,0+t+,,3 at t*e Sa- C,0nt6 C,0+t*,0/e, Sa- Cit6, I,7a.

E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 OTHER ORDER Case Title STATE VS THOMAS PATRICK ANDERSON JR So Ordered

Electronically signed on 2013-10-08 12:08:03

page 2 of 2

E-FILED 2013 NOV 18 9:17 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY : STATE OF IOWA, : Plaintiff, : v. : THOMAS P. ANDERSON JR., : Defendant. CASE NO. OWCR012379 AGCR012460 STA0018278 NOTICE OF PLEA AGREEMENT AND CASE RESOLUTION

COMES NOW the Defendant by and through the undersigned counsel and states the following: 1. The Defendant is charged with OWI first offense in violation of Iowa Code Section 321J.2 and Carry Weapons in violation of Iowa Code Section 724.4 2. The Defendant filed a motion to suppress in the OWI matter which was set for hearing on November 18, 2013. 3. Pursuant to plea discussions with County Attorney Ben Smith, the following agreement has been reached with respect to this case: a. The Defendant will enter a guilty plea to the OWI charge in exchange for a recommendation by the County Attorney and Counsel for a deferred judgment. b. The Defendants motion to suppress will not be resisted by the State and therefore an agreed order to suppress the chemical test results in this matter will be presented to the presiding judge. c. All other pending charges against the Defendant including the weapons charge

E-FILED 2013 NOV 18 9:17 AM SAC - CLERK OF DISTRICT COURT

and the speeding ticket will be dismissed. 4. In light of the agreement stated herein, a hearing on the Defendants motion to suppress is no longer necessary and the undersigned respectfully requests that a plea and sentencing date be set. WHEREFORE the Defendant respectfully requests that an order be entered suppressing the chemical test results and that a plea and sentencing date be set in this matter.

Respectfully submitted, Gourley, Rehkemper & Lindholm, PLC

________________________________ By: Matthew T. Lindholm, AT4746 440 Fairway Drive, Suite 210 West Des Moines, IA 50266 Telephone Number (515) 226-0500 Facsimile: (515) 244-2914 E-mail: mtlindholm@grllaw.com
ORIGINAL FILED Copy to: County Attorney

CERTIFICATE 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 November 18, 2013. By: U.S. Mail Hand Delivery Certified Mail FAX Overnight Courier X Other

Signature: Michelle Nulph

E-FILED 2013 NOV 18 2:20 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY : STATE OF IOWA, : Plaintiff, : v. : THOMAS P. ANDERSON JR, : Defendant. ORDER SUPPRESSIN& CASE NO. OWCR !"#$%

NOW ON THIS '''''''' da( )f N)ve*+e,, " !#, t-i. *atte, a//ea,. +ef),e t-e C)0,t )n Defendant1. M)ti)n t) S0//,e... T-e C)0,t +ein2 d0l( advi.ed in t-e /,e*i.e. and 0nde,.tand. t-at t-e State d)e. n)t ,e.i.t t-e Defendant1. M)ti)n t) S0//,e... IT IS THEREFORE ORDERED, ADJUD&ED AND DECREED THAT t-e +,eat- te.t ,e.0lt )+tained i. -e,e+( .0//,e..ed f), t-e ,ea.)n. .et f),t- in t-e Defendant1. *)ti)n t) .0//,e.. and a. .03- t-e ,e.0lt. a,e inad*i..i+le at t,ial.

'''''''''''''''''''''''''''''' J0d2e Se3)nd J0di3ial Di.t,i3t

ORI&INA4 FI4ED.

E-FILED 2013 NOV 18 2:20 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 AGCR012460 STA0018278 OTHER ORDER Case Title STATE VS THOMAS PATRICK ANDERSON JR STATE VS THOMAS PATRICK ANDERSON, JR. STATE OF IOWA vs ANDERSON, THOMAS PATRICK So Ordered

Electronically signed on 2013-11-18 14:20:03

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E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 1:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff No. OWCR012379 ORDER DEFERRING JUDGMENT vs. THOMAS PATRICK ANDERSON JR., DOB: 04/27/1970 Defendant. COUNT I BE ! RE"E"BERED t#at t#e a$ove entitled %atte& 'o%es $efo&e t#is Co(&t. !#e )tate a**ea&s $+ )a' Co(nt+ ,tto&ne+ Ben-a%in .o#n )%it#/ and Defendant is &e*&esented $+ and a**ea&s $+ ,tto&ne+ at 0a1 "att#e1 !. 0ind#ol%. !#e Defendant #avin2 *&evio(sl+ filed #e&ein a Waive& of Ri2#ts and ,**ea&an'e Plea of 3(ilt+ to t#e said offense/ 1#i'# *lea 'ontained state%ents $+ Defendant *(&s(ant to t#e &e4(i&e%ents of )tate v. )is'o/ 159 N.W.2d 642 and B&aina&d v. )tate/ 222 N.W.2d 711. Defendant7s 2(ilt+ *lea is a''e*ted. n ente&in2 #is 2(ilt+ *lea t#e Defendant a'8no1led2ed a1a&eness of #is &i2#ts and t#at t#e *lea 1as vol(nta&il+ ente&ed. Defendant 1aived additional ti%e fo& senten'in2 and a'8no1led2ed t#at #e 1o(ld not $e in a *osition to file a %otion in a&&est of -(d2%ent if -(d2%ent 1as i%*osed i%%ediatel+ and t#at Defendant still 1is#ed to #ave senten'e *&ono(n'ed at t#is ti%e. !#e Defendant #as *lead 2(ilt+ to t#e '&i%e of OPERATING A MOTOR VEHICLE WHILE INTOXICATED 1ST OFFENSE/ a )e&io(s "isde%eano&/ in violation of o1a Code )e'tion 321..2. IT IS ORDERED t#at t#e ent&+ of -(d2%ent and *&ono(n'e%ent of senten'e is defe ed and Defendant is *la'ed on *&o$ation to t#e )a' Co(nt+ P&o$ation Offi'e& fo& a *e&iod of one +ea&/ and d(&in2 s('# *&o$ation *e&iod/ Defendant s#all a$ide $+ all t#e te&%s and 'onditions of t#e *&o$ation as set fo&t# on t#e P&o$ation ,2&ee%ent. 9*on s(''essf(l 'o%*letion of *&o$ation/ Defendant s#all $e dis'#a&2ed 1it#o(t i%*osition of senten'e o& -(d2%ent. Defendant7s *&o$ation s#all $e s($-e't to t#e follo1in2 te&%s and 'onditions: 1. Defendant/ 1it#in 72 #o(&s of t#is .(d2%ent/ s#all si2n a P&o$ation ,2&ee%ent 1it# t#e )a' Co(nt+ P&o$ation Offi'e& at t#e )a' Co(nt+ Co(&t#o(se/ 100 NW )tate )t&eet/ )(ite 9/ 2nd :loo&/ )a' Cit+/ o1a/ 606;3. a. Defendant s#all o$e+ all :ede&al/ )tate/ and lo'al la1s and o&dinan'es. $. Defendant is O&de&ed to &e*o&t an+ ne1 a&&ests/ to t#e )a' Co(nt+ P&o$ation Offi'e& 1it#in seven da+s of t#e a&&est date. '. Defendant s#all ti%el+ *a+ all a%o(nts o&de&ed $+ t#is .(d2%ent. 2. Defendant s#all *a+ a Civil Penalt+ to t#e )tate Co(&t ,d%inist&ato& in t#e a%o(nt of <1/260.00= to $e *aid as o&de&ed $+ t#e Co(&t. f Defendant *&ovides *&oof t#at #e #as o$tained a te%*o&a&+ li'ense 1o&8 *e&%it to d&ive/ t#en t#e Civil Penalt+ is &ed('ed to <526.00. 1

E-FILED 2013 DEC 02 1:35 PM SAC - CLERK OF DISTRICT COURT

3. Defendant s#all *a+ 'o(&t 'osts in t#e a%o(nt of <100.00 and ot#e& fees= to $e *aid as o&de&ed $+ t#e Co(&t. 4. Defendant s#all >at #is o1n e?*ense@ 'o%*lete a 12A#o(& P&i%e fo& 0ife 'o(&se o& si%ila& *&o2&a% 1it#in si? >5@ %ont#s of t#is date. 6. Defendant #as s($%itted to a s($stan'e a$(se eval(ation and t#e &es(lts a&e on file 1it# t#e Cle&8 of Co(&t/ dated ,(2(st 13/ 2013 f&o% Cente& fo& nte&*e&sonal Effe'tiveness. a. Defendant s#all a$ide $+ all &e'o%%endations of t#e eval(ation in'l(din2 in*atient o& ot#e& t&eat%ent if &e'o%%ended. f t&eat%ent is &e'o%%ended/ Defendant s#all en&oll in t#e fi&st availa$le &e'o%%ended t&eat%ent 2&o(* and ti%el+ 'o%*lete t#e t&eat%ent. !#e s($stan'e a$(se a2en'+ s#all notif+ t#e )a' Co(nt+ P&o$ation Offi'e& of an+ nonA 'o%*lian'e. $. Defendant is O&de&ed to *&ovide *&oof of 'o%*lian'e 1it# t#e &e'o%%endations of t#e )($stan'e ,$(se Eval(ation/ to t#e )a' Co(nt+ P&o$ation Offi'e&/ on a %ont#l+ $asis (ntil s('# ti%e as t#e &e'o%%ended t&eat%ent s#all $e 'o%*leted. 5. Defendant s#all 8ee* t#e Cle&8 of Co(&t and t#e )a' Co(nt+ P&o$ation Offi'e& notified as to an+ '#an2e in add&ess (ntil all o$li2ations of t#is 'ase #ave $een 'o%*leted. 7. f t#e Defendant7s li'ense #as not al&ead+ $een &evo8ed/ fo& t#is offense/ t#e De*a&t%ent of !&ans*o&tation s#all &evo8e Defendant7s li'ense *(&s(ant to o1a Code C#a*te& 321.. ;. IT IS FURTHER ORDERED t#at Defendant s#all *a+ all a%o(nts o&de&ed $+ t#is .(d2%ent $+ *a+in2 !"#.$$ %e &'()* to t#e S+, C'-(). C/e 0 'f C'- ) 1it# *a+%ents to $e2in on t#e 1#)* d+. 'f )*e &'()* follo1in2 t#is o&de& and s#all 'ontin(e on t#e 1#)* da+ of ea'# %ont# (ntil *aid in f(ll. HOWEVER IF THE A1OVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL O1LIGATIONS 1EING PAID WITHIN 23 MONTHS OF THE DATE OF THIS JUDGMENT, THE 1ALANCE IS DUE AT THAT TIME. Defe(d+() 45 +d645ed )*+) 4f '(e %+.&e() 45 &455ed, )*e e()4 e '7/48+)4'( 7e,'&e5 4&&ed4+)e/. d-e. IT IS FURTHER ORDERED t#at $ond *&evio(sl+ set in t#is %atte& is e?one&ated. Defendant #avin2 a**ea&ed/ an+ $alan'e of a**ea&an'e $ond is &eleased afte& a**li'ation to fine/ s(&'#a&2e/ 'o(&t 'osts/ atto&ne+ fees/ and &estit(tion.

O&i2inal filed/ Co*ies to: Co(nt+ ,tto&ne+ Defendant7s ,tto&ne+/ "att#e1 !. 0ind#ol% De*a&t%ent of !&ans*o&tation Co(&t ,d%inist&ato& )($stan'e ,$(se ,2en'+

E-FILED 2013 DEC 02 1:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012379 OTHER ORDER Case Title STATE VS THOMAS PATRICK ANDERSON JR So Ordered

Electronically signed on 2013-12-02 13:35:18

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