FILED

IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY

This Complaint and Affidavit is to be:

2015 OCT-5 4ft 9:Q

[x] Filed with Court Clerk (cc: CA)

Agency Case Number:

mber: 16-001745

] Submitted to County Attorney

| Filed with JCO - Defendant is a Juvenile

Arrest Date: 10/04/2016

THE STATE OF IOWA

vs.
OFFENDER
Last

First

RAHN

JERRY

Suffix

Middle

LYNN

Address

City

State

Zip Code

1482 200TH STREET

JOLLEY

IA

50551

Date of Birth

Gender

Race

Ethnicity

04/07/1970

MALE

WHITE-W

NOT OF HISPANIC ORIGINI -N

State

Height

Weight

Eye Color

Hair Color

IA

6' 00"

195 LBS

HAZEL - HAZ

GRAY OR PARTIALLY GRAY - GRY

OFFENSE
State

County

Local

Code Section

Crime Description

Class

714.2(3)

THEFT 3RD DEGREE

AGMS

Location Type

08 - DEPARTMENT/DISCOUNT STORE
Literal Description

Address

City

State

420 E. MAIN STREET

SAC CITY

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

10/04/2016

Incident Time or Low Range

Upper Date Range

Zip Code

50583
Upper Time Range

18:54

STATUS OF OFFENDER/JUVENILE

i&l
p-,

TAKEN INTO CUSTODY

CUSTODY

1 - JAILED
WARRANT REQUESTED

||

NO CONTACT ORDER

''

REQUESTED

!|
^

SUM MONS TO APPEAR

(Citation Issued)

|
'

RELEASED TO
PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did

take a wallet containing $500 that belonged to another customer while in Dollar General Store.

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 Tuesday, October 4, 2016 at approximately 1854 hours, I was dispatched to the Dollar General Store in Sac City for a report of a theft. On the
scene, I was shown a video by the manager oNeiry Rahn taking the victim's wallet that was laying on the counter by first concealing it with another
object and then tucking it in back of his jeans when thrcashier-looked away. He was transported to the Sac County Law Enforcement Center where he
was charged with Theft (3rd) and jailed.

"I

ZL.

CARLSON, STACEY
Signature of Complainant or Officer, Officer Name 8. Number

81-24

Printed At SAC CITY POLICE DEPARTMENT

10/5/2016

1:27 AM

Page 1

of 2

Form#:

16-001745

GENERAL PROBABLE CAUSE

Defendant Implicated

02 - CAUGHT IN ACT, 07 - IDENTIFIED BY WITNESSES, 08 - CRIME OBSERVED BY OFFICERS

Operating Motor Vehicle in County

STATE OF IOWA,

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavits) on
Notary Name

JEN SCHRAMM

Commission Number

786033

My Commission Expires

09/11/2017

10/04/2016

Signature of Verifying Party

Jcbwx/rO
j

| Peace Officer

Notary

j Prosecuting Attorney

E-FILED 2016 OCT 05 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
02811 AGCR013221
vs.
JERRY LYNN RAHN ,
Defendant.

ORDER

Charges:
01 - 714.2(3) - THEFT 3RD DEGREE
Defendant appears in custody without counsel. The Defendant will apply for counsel.
Defendant is informed of the charge, is advised of their rights and given a copy of the complaint. The
Court has reviewed the complaint and finds probable cause to believe the defendant committed the
offense(s).
Preliminary Hearing is scheduled on 10/25/2016 at 10:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. If a Trial Information is filed prior to that date, this hearing will not
be held. The next hearing will be an arraignment and the date and time will be included in the Trial
Information.
CONDITIONS OF RELEASE ARE AS FOLLOWS:
Defendant is released on his/her own Recognizance.

1 of 2

E-FILED 2016 OCT 05 9:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
AGCR013221
Type:

Case Title
STATE VS JERRY LYNN RAHN
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2016-10-05 09:50:29

2 of 2

Dls,l<icrcu,
SAi^r
mncT-s rn,

ESI THE IOWA DISTRICT COURT FOR

STATE OF IOWA or

Sac COUNTY

__________

PlaintifUPetitioner,

Defendant/Respondent.

Crimmal ____Civil

No.

A&c&o ( 322. |

)
)

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
:
OrVT \/
__________________
Birth Date:

Name:
Home Phone:

Cell Phone: y/Z-M -O^I E-mail: vJgKT

5/.

Street Address:

________Ac.
Apt #

Street/P.O. Box

nhtf* s^d.
No Job

Who do you work for? /-frriclut?

T4 _ .Sfts-83

City

State

Zip

________ In Jail? Si Yes No

Pending charges

Do you have a job?

jj^Yes, Full Time

Q Yes, Part Time (List Hours/week: )

Cc.\4 >\J

^I

per El hour month year

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

How much money have you made in the last 12 months from any source, before taxes or deductions? 3&. 00(3
How many family members are supported by or Hve with you? MS
If a spouse lives with you, how much money oes your spouse make? _________

per hour month year

else living in your household, has coining in:

List all other money you, or anyone
Currfnfh/ uJorkS' hu-f~
hu-f- uj<. <nrj~
S r-qA / /' to
us.4~l^ -/r !
//*(//
Y

/\/(D 6/1^ " /^)\l \aJ

cKnd. or

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: JT /icuJt- in a /n.a.'\'fiy- in jbcy /4-Tp a l(
4. rttA
C^S.
__ A.ovc.$e_ /<, / 'A >ny Cy Y /r r /14rn* , /t* A a/f

$.< Ui_______ her-

. -T
5o. <\/.C

r >ria.ep

tK<___h0U5C

f Whifl

/G>Q)f2-__ e2u.f~-J)a4&e^ r.___________________________________________

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I makgArTlhis afrBlication are true
and that I am unable to pay for an attorney to represent me.
Date

~c5" ~

Signatur
Rev. 1/6/12

E-FILED 2016 OCT 05 2:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
JERRY LYNN RAHN ,

02811 AGCR013221
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 between 125% and 200% of the guidelines, not appointing would cause
financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

1 of 2

E-FILED 2016 OCT 05 2:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
AGCR013221
Type:

Case Title
STATE VS JERRY LYNN RAHN
ORDER APPOINTING
So Ordered

Electronically signed on 2016-10-05 14:08:34

2 of 2

E-FILED 2016 OCT 5 5:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR
SAC COUNTY

This Complaint and Affidavit is to be:

Agency Case Number: 16-001745

Filed with Court Clerk (cc: CA)

Arrest Date: 10/04/2016

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA

VS.

OFFENDER
Last

First

Middle

RAHN

JERRY

LYNN

Suffix

Address

City

State

Zip Code

1482 200TH STREET

JOLLEY

IA

50551

Date of Birth

Gender

Race

Ethnicity

4/7/1970

MALE

WHITE - W

NOT OF HISPANIC ORIGIN - N

State

Height

Weight

Eye Color

Hair Color

IA

6' 00"

195 LBS

HAZEL - HAZ

GRAY OR PARTIALLY GRAY - GRY

OFFENSE
State

County

Local

Code Section

Crime Description

Class

714.2(3)

THEFT 3RD DEGREE

AGMS

Location Type

08 - DEPARTMENT/DISCOUNT STORE
Literal Description

Address

City

State

420 E. MAIN STREET

SAC CITY

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

10/04/2016

Upper Date Range

Incident Time or Low Range

Zip Code

50583
Upper Time Range

18:54

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

take a wallet containing $500 that belonged to another customer while in Dollar General Store.

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 Tuesday, October 4, 2016 at approximately 1854 hours, I was dispatched to the Dollar General Store in Sac City for a report of a theft. On the
scene, I was shown a video by the manager of Jerry Rahn taking the victim's wallet that was laying on the counter by first concealing it with another
object and then tucking it in back of his jeans when the cashier looked away. He was transported to the Sac County Law Enforcement Center where he
was charged with Theft (3rd) and jailed.

CARLSON, STACEY
Signature of Complainant or Officer, Officer Name & Number

Printed At

SAC CITY POLICE DEPARTMENT

10/5/2016

5:10 PM

Page 1

of 2

Form #:

16-001745

81-24

GENERAL PROBABLE CAUSE

E-FILED 2016 OCT 5 5:19 PM SAC - CLERK OF DISTRICT COURT

Defendant Implicated

02 - CAUGHT IN ACT, 07 - IDENTIFIED BY WITNESSES, 08 - CRIME OBSERVED BY OFFICERS

Operating Motor Vehicle in County

Other Physical Evidence

STATE OF IOWA,

Attempted To Inflict Injury

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

Printed At

Notary Name

JEN SCHRAMM

Commission Number

786033

My Commission Expires

09/11/2017

SAC CITY POLICE DEPARTMENT

10/04/2016

Signature of Verifying Party

Peace Officer

10/5/2016

5:10 PM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

16-001745

E-FILED 2016 OCT 20 10:12 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 AGCR013221

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

JERRY LYNN RAHN ,

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 11/02/2016 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 2016 OCT 20 10:12 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
AGCR013221

Case Title
STATE VS JERRY LYNN RAHN
So Ordered

Electronically signed on 2016-10-20 10:12:59

page 2 of 2

E-FILED 2016 NOV 01 9:32 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOURTFOR SAC COLINTY

STATEOF IOWA,

)
)

Vs.

)
)
)
)

JERRYLYNN RAHN

CRIMINAL NO.AGCROT3221
WRITTEN ARRAIGNMENT,
PLEA OF NOT GUILTY

DateTrial Informationfiled: 1012012016

criminalcaseandunderoathstates:
COMESNOW the Defendantin the above-captioned
by AttorneyCharlesA. Schulte,whoseaddressandphonenumberare
l. I am represented
42lMainst., PO Box392,SacCity,IA. 50583;(712)662-4715.
2. My currentmailing andresidenceaddressandphonenumberare515Platt St., Sac
City,iR 50583.My phonenumberis (712)662-8051.My dateof birth is0410711970.
the Englishlanguageandhavecompletedthe following level
I canreadandunderstand
of education:12Years.
that I havea right to anaignment
4. I havebeenadvisedby mlrattorneyandunderstand
in openCourt,andI voluntarilywaivethatright, choosinginsteadto signthis Written
that timesfor furtherproceedings
AnaignmentandPleaof Not Guitty. I understand
which arecomputedfrom the dateof arraignmentwill be computedfrom the dateof
filing this WrittenAnaignmentandPleaof Not Guilty.
5. I havereceiveda copy of the Trial Informationwhich chargesme with the crimeof
COUNT I: THEFT IN THE THIRD DEGREE in violatiONOfIOWACOdESECtiON
714.2Q).
6. With regardto the nameby which I am chargedin the Trial Information(eithercheck
"a" or checkandcomplete"b"):
./

q5fi,. fne nameon the Trial Informationis my true name. I havebeenadvised

that I am now precludedfrom objectingto the Trial Informationuponthe
andundJrstand
groundthat l,am improperlynamed.
( )b. The nameshownon the Trial Informationis not my true name. My true
nameis. i requestthat an entrybe madein theminutesshowingmy true name' I have
will be hadagainstme by that name,
beenadvisedandunderstandfurtherproceedings
theTrial Informationwill be amendedaccordingly,andwhenthe Trial Informationis so
I will be precludedfrom objectinguponthe groundsI am improperlynamed.
amended,

E-FILED 2016 NOV 01 9:32 AM SAC - CLERK OF DISTRICT COURT

that I may pleadguilty, not guilty or former

7. Ihavebeenadvisedandunderstand
convictionor acquittal.
I havehad sufficienttime to discussmy casewith
8. For the purposeof this arraignment,
my attorney,andI waive any furthertime in which to entera plea.
9. I pleadNOT GUILTY to the chargesinpatagraph5 above'
that I havea right underRule 2.33(2)(b)of the
10. I havebeenadvisedandunderstand
within ninetydays/oneyearafterthe filing of
atrial
to
Iowa Rulesof Criminal Procedure
the Trial Informationand(checkeither"a" or "b"):
-/

Qh{" I demandspeedytrial pursuantto Rule2.33(2)(b)and(c).

( ) b. I waivemy right to a speedytrial pursuantto Rule 2.33(2)(b) and(c).
1 1 .I requestthat
P
Ti

datebe setpursuantto Rule 8.1 of thelowa Rulesof Criminal

'and-luillbe availablefor trial on the following days:Any

Attorneyfor Defendant
Original to be filed with
Copy providedto:
CountyAttorney

lerk of Court

E-FILED 2016 DEC 02 10:55 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. AGCR013221

Plaintiff,
v.
JERRY RAHN,

REPORT OF PRETRIAL
CONFERENCE

Defendant.
COMES NOW, the parties, by and through the undersigned, and
hereby state the following:
1. That the parties conducted a pretrial conference as ordered.
2. That the State of Iowa appeared by the Sac County Attorney,
Ben Smith, and Defendant appeared through his attorney, Charles
Schulte.
3. That the parties have reached a plea agreement: Defendant has
agreed to plead guilty to count one, and the State has agreed to
recommend that Defendant receive a deferred judgment, pay the
minimum civil penalty, and be placed on informal probation.
4. That Defendant intends to waive presence at sentencing and the
time between plea and sentencing.

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

E-FILED 2016 DEC 02 11:17 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 AGCR013221
Plaintiff,
vs.

ORDER

JERRY LYNN RAHN ,

Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 12/21/2016 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

E-FILED 2016 DEC 02 11:17 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
AGCR013221
Type:

Case Title
STATE VS JERRY LYNN RAHN
OTHER ORDER
So Ordered

Electronically signed on 2016-12-02 11:17:04

2 of 2

E-FILED 2016 DEC 07 4:15 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
No. AGCR0I322l
Plaintifl
GUILTY PLEA
vs.
JERRY LYNN RAHN,
DOB: 0410'7119'70,
Defendant.
COUNT I
I, thc undcrsigncdDefendant,have carefullyread and fully undcrstandthe following:
A. I am chargedwith THEFT THIRD DEGREE an Aggravated Misdemeanor in violation
of lowa Code Section 714.1 and 714.2(3); in conjunctionwith a Plea Agreementmadewith
the Sac County Attorney, I now request that rny plea of not guilty be changedto a Plea of
Guilty as chargedin Count I of the Trial Information.

B . Thc abovc-statedoffcnsc is an AggravatedMisdemeanorwhich carriesa maximum penaltyof

imprisonmentnot to exceed two (2) years and a $6,250 fure, plus statutory surcharges;I
fi.rrtherunderstanclthat the minimurn fine is $625 plus a surchargeof 35o/o;and that I may be
required to make restitution of pecuniary damagesto any victim of this crime and of court
appointcd attorney fees, if any, and pay the court costs. In addition, if the charge is a
, 5 5 A , 4 5 3 8 , 1 1 3 , 7 1 4 , 1 1 5 A , l 1 6 ,o r I o w a C o d e S e c t i o n s
v i o l a t i o ror f C o d e C h a p t e r s1 , 2 4 1
of $125.In addition,I may be
719.8,125.1,725.2,or 725.3,thereis an additionalsurcharge
reclLriredto pay comectional fees fbr incarceration and enrollment fees fbr supervised
p r o b a t i o n .I h a v c l i k e w i s e b e e n i n f o r m e d o f aol tl h e r s e n t e n c i n g o p t i o n s t h a t r n a y b e a v a i l a b l e
to the Court, includingbut not lirnitedto the deferralof Judgmentand Sentence,the grant of
probationand the suspension
of sentenceimposed.

C . I unclcrstandthat a criminal conviction, deferredjudgment or deferredsentencemay affect my

statusunder I'ederalirnmigrationlaws.

D . If I plcad not guilty, I would be entitlcd to the following rights. I give up these rights by
plcadingguilty:
(l ). Thc right to a spccdyand publictrial by a jury of twelve people.
(2). Thc right to have an attorney rcpresentme at trial and, if thc Court found I was unableto
afibrd an attorney, the Court would, at public expense,appoint an attorney to representme.
(3). At trial, I would be presumedinnocentuntil such time, if ever, the State establishedmy
guilt beyonda reasonabledoubt.
(4). At trial, a jury verdict of gr"riltywould have to be unanimous.
(5). At trial, I wor.rldhave the privilege againstself-incrimination,that is, I cannotbe forced to
testifz, and if I choose not to testi!, the State may not comment on the fact of my failure to
testi$ 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 witnessesupon whose testimonyit
reliedto obtainconviction,and I would havethe right to crossexaminethosewitnesses.

E-FILED 2016 DEC 07 4:15 PM SAC - CLERK OF DISTRICT COURT

(7). At trial, I would be entitled to present witnesses to testify on my behalf and to

compulsoryprocessto securethosewitnesses.
E. By pleadingguilty, there will not be a trial of any kind. By pleadingguilty, I waive my right to
trial, and will be treated as if I had beentried and found guilty by a jury.
F. The Court, in detennining 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
Infonnation, by reviewing the investigativereports of law enforcement agents who have
investigatedthe offense,or by asking me or counselto recite and summarizethe materialfacts
that would be offeredat trial.
The Court has the discretion to accept or reject any plea agreementmade betweenthe
State and myself. The plea agreemcnt is: I will plead euiltv to the charee of THEFTTHIRD DEGREE as charsed in Count I of the Trial Information and the Countv
Attorney rvill recommend I receive a Deferred Judgment. I will be placed on informal
probation to the Sac County Probation Officer for a period of one vear from the
Judement date. I will pav a civil nenaltv in the amount of $625.00.the LEI surcharee
in the amount of $125.00.court costs.and court appointed attornev fees: to be paid as
set out in the pavment plan approved in the Sac County Standard Probation
Agreemcnt.
.l'his

plca agrecmentincludesthat I will be responsibleto pay Court costs, paymentof all

victim restitution,correction(ail) fee for anyjail
costsand ltes incurredfor legal assistance,
tinte and all surchargesand mandatorypunislments(seeparagraphB) applicableto my case.
I now state to the Courl that I am, in fact GUILTY and that no thrcats or promiseshave
bccn madc to induoeme to enter my plea of guilty. I have been informed that the elementsof
thc crime arc: Take possessionor control of propertv belonging to another, with the
intent to deprive the other thereol. and the propertv value exceeds$500.00but does not
exceed$1000.00.
I understandthe natureof the chargeagainstme.
This olfenservascommitted by me in Sac County Iowa by my doing the following: !
t
4th dav of October 2016 tt Dollar General i
did
with the i
trol of a lvallet
the owner of such rvallet and contents.and the wallet contained $550.00cash.
I hcrcby state that I submit this written plea of guilty with full knowledge and waiver of my
rights and I do so frecly and voluntarily. No threats have been made againstme to obtain this
guilty plea. No promisesof leniencyor favorabletreatmenthave been made, except for any plea
bargaindisclosedto the Court at the time of this guilty plea.
G. If the Couft acceptsmy plea of guilty, I realize:
(l). The Court will set a sentencingdate not less than fifteen days after the date of its
acceptanceof this guilty plea unlessI waive this right. In order to contestthis plea of guilty, I
must file a Motion in Arrest of Judgmentat least five days prior to sentencing. The right to

E-FILED 2016 DEC 07 4:15 PM SAC - CLERK OF DISTRICT COURT

file a Motion in Arrest of Judgmentwill be waived by having the Court impose a sentence
today.
(2). If the Court imposesa sentencetoday,I will neverbe ableto challengethis plea of guilty,
and I will be giving up my right to directly appealmy guilty plea.
I ask the Court to accept this plea of guilty. I waive the precedingrights and my right to have
the Court addressme personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
now. I understand:
If the Court acceptsmy plea of guilty, I wish to be sentenced
l.

In order to contest this plea of guilty, I must file a Motion in Arrest of Judgmentno later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncementof
judgrnent, and that the Court will set a sentencingdate not less than filteen days after the
date of its acceptanceof this guilty plea unlessI waive this right, and the right to file a
Motion in Arrest of Judgmentwill be waivedby havingthe Court imposea sentencenow.

2. By havingthe Courl imposemy sentencenow, I willnever be ableto challengethis plea of

guilty and I will be giving up my right to directly appealmy guilty plea.
I hcrcby rcqucst the Court sentenccme now and I waive any time to which I may be entitled
for scntencingat a latcr date.
WAIVBR OF RIGHT TO BL- PRESENT
I have been fully advisedthat I have a constitutionalright to be present at my sentencing
and presentevidencein my own behalf. I understandthat it is my choice to be presentor not, and
that no one can exclude me from sentencing.
o be present
With the above in rnind. and ftirther unde
to
be
right
voluntarily
wd6-tb4
d
or not is my own decision,I herebyknowul
sentenctng.

fendant'sAttomey, CharlesSchulte
STATE OF IOWA

)
)SS
)

SACCOUNTY
-7
On tlris - /

,Jltyof

lJ,i

Public in and lbr said State, personally appeared

be the idcntical person natned in and who executedthe fgregoi
the same of his voluntary act and deed.
, /,,

i/-

NotaryPublicin and for the

the undersigned,a Notary

, to me known to
executed