EUGENE F. WUNSCHEL JR. Is charged with OPERATING WHILE UNDER THE INFLUENCE of alcohol. The maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - minimum days 2 Years Prison And / or a fine of not less than $1875.00 or more than $6250.00 plus 35% surcharge and costs.
EUGENE F. WUNSCHEL JR. Is charged with OPERATING WHILE UNDER THE INFLUENCE of alcohol. The maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - minimum days 2 Years Prison And / or a fine of not less than $1875.00 or more than $6250.00 plus 35% surcharge and costs.
EUGENE F. WUNSCHEL JR. Is charged with OPERATING WHILE UNDER THE INFLUENCE of alcohol. The maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - minimum days 2 Years Prison And / or a fine of not less than $1875.00 or more than $6250.00 plus 35% surcharge and costs.
E-FILED 2013 DEC 23 9:27 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 23 9:27 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 23 10:16 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, Plaintiff,
vs.
EUGENE F WUNSCHEL JR , Defendant.
Case No: 02811 OWCR012478
INITIAL APPEARANCE OWI
Charges: 01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE Minimum 7 day jail sentence
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - Minimum days 2 Years Prison And/Or a fine of not less than $1875.00 or more than $6250.00 plus 35% surcharge and costs You will lose your license for a minimum of 730 days and cannot obtain a work permit for determined by DOT days.
1 of 3 E-FILED 2013 DEC 30 9:27 AM SAC - CLERK OF DISTRICT COURT 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: (1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at 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 HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.
Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff 2 of 3 E-FILED 2013 DEC 30 9:27 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. Type: HEARING FOR INITIAL APPEARANCE So Ordered Electronically signed on 2013-12-30 09:27:46 3 of 3 E-FILED 2013 DEC 30 9:27 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR Sac OlSTRIGTiCOUHlOF-ieWA SAC COUNTY FILED 2013DEC 30 AM 9:52 COUNTY STATE OF IOWA or Plaintiff/Petitioner, vs. Defendant/Respondent. Criminal CivD No. MOC^Qi^T]^ FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: Birth Date: Home Phone:^7 / j j ) ( g^ - 2^ l ( g Cell Phone: . E-mail: Street Address: ,2. I f \Ji** S<- ; iA-k <- JjJ^ <^ Pending charges: CLpL- '2 G A ^ ' A . ^ Street/P.O. Box Apt# City Do you have a job? No Job Yes, Full Time 5^ Yes, Part Time (List Hours/week: State Zip In Jail? QYes j^sTo ) Who do you work for? ( <W^ How much money do you currentiy make before taxes or deductions? / per JZI 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 are supported by or live with you? ri> If a spouse lives with you, how much money does your spouse make? per hour month year List all other money you, or anyone else living in your household, has coming in: \ i tj^^f List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: ^%3uo 1 ^ f r CITVJAK \S<TP - s \ SffQ List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me. Date / ?- 3Q- / 3 Signature Rev. 1/6/12 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
EUGENE F WUNSCHEL JR ,
DEFENDANT.
02811 OWCR012478
ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial hardship.
Attorney Charles Schulte (712) 662-4715, a contract attorney, is appointed.
The defendant shall contact their attorney within 48 hours.
1 of 2 E-FILED 2013 DEC 30 10:49 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. Type: ORDER APPOINTING So Ordered Electronically signed on 2013-12-30 10:49:23 2 of 2 E-FILED 2013 DEC 30 10:49 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
EUGENE F WUNSCHEL JR ,
DEFENDANT.
02811 OWCR012478
ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial hardship.
Attorney Peter Goldsmith (712) 364-2421, a contract attorney, is appointed.
The defendant shall contact their attorney within 48 hours.
Defendant requested a change of attorneys because of a conflict with Charles Schulte who represents his ex-spouse.
1 of 2 E-FILED 2014 JAN 06 2:45 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. Type: ORDER APPOINTING So Ordered Electronically signed on 2014-01-06 14:45:59 2 of 2 E-FILED 2014 JAN 06 2:45 PM SAC - CLERK OF DISTRICT COURT 1 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012478 Plaintiff, vs. TRIAL INFORMATION EUGENE FREDERICK WUNSCHEL JR. , DOB: 09/11/1977 Defendant. 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, Eugene Frederick Wunschel Jr., of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Sections 321J.2 committed as follows: The said Defendant, Eugene Frederick Wunschel Jr., on or about December 22, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of the following means: a. While under the influence of an alcoholic beverage or drugs or a combination of such substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. While any amount of a controlled substance is present in the person as measured in the person's blood or urine. And Defendant having been convicted of/received a deferred judgment for the crime once before; the said Eugene Frederick Wunschel Jr. having been convicted of Operating While Intoxicated in Sac County Iowa, Sac County Iowa District Court, Cause No. OWCR011475, on or about April 6, 2010. A TRUE INFORMATION /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 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 E-FILED 2014 JAN 08 8:54 AM SAC - CLERK OF DISTRICT COURT 2 NAMES OF WITNESSES-OWCR012478: JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT DONNA GEERY, CLERK OF DISTRICT COURT, SAC COUNTY IOWA DISTRICT COURT E-FILED 2014 JAN 08 8:54 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL 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 2014-01-08 08:54:47 page 3 of 3 E-FILED 2014 JAN 08 8:54 AM SAC - CLERK OF DISTRICT COURT Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
EUGENE F WUNSCHEL JR ,
Defendant.
Case No: 02811 OWCR012478
ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND
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 Hearing is scheduled on 01/15/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall remain in effect and the defendant shall obey all Federal, State and Local Laws.
Clerk to provide notice or copies to: County Attorney Defendant/Defense Attorney E-FILED 2014 JAN 08 8:54 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. So Ordered Electronically signed on 2014-01-08 08:54:47 page 2 of 2 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
EUGENE F WUNSCHEL JR ,
Defendant.
02811 OWCR012478
ORDER RESCHEDULING ARRAIGNMENT
The arraignment currently scheduled in this matter needs to be rescheduled. Defendant requests a continuance of the arraignment. The request is granted.
IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on 02/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written arraignment and plea of not guilty document in a form substantially similar to that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the Clerk of Court on or before the time set for arraignment, Defendant shall personally appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to: County Attorney Defendant Defense Counsel
1 of 2 E-FILED 2014 JAN 15 11:22 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. Type: ORDER FOR CONTINUANCE So Ordered Electronically signed on 2014-01-15 11:22:50 2 of 2 E-FILED 2014 JAN 15 11:22 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 28 1:53 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 28 1:53 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 28 1:53 PM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
EUGENE F WUNSCHEL JR ,
Defendant.
Case No: 02811 OWCR012478
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on January 28, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows: Pretrial Conference: Pretrial Conference is scheduled on 03/19/2014 at 11:30 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 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
1 of 3 E-FILED 2014 JAN 29 10:24 AM SAC - CLERK OF DISTRICT COURT Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.
Clerk to provide copies to: County Attorney, Defense Attorney or Defendant 2 of 3 E-FILED 2014 JAN 29 10:24 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-01-29 10:25:11 3 of 3 E-FILED 2014 JAN 29 10:24 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 18 4:47 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 18 4:47 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 18 4:47 PM SAC - CLERK OF DISTRICT COURT THE !OWA D!STR!CT COURT FOR SAC COUNTY
STATE OF !OWA, ) ) CR!N. NO. OWCR012+78 Plaintiff, ) ) ORDER ACCEPT!NG PLEA vs. ) AND JUDGNENT ENTRY ) EUGENE FREDER!CK WUNSCHEL, JR., ) Charge - OW!, Second Offense ) Section - 321J.2, !owa Code Defendant. )
NOW on the 19 th day of Narch, 201+, the defendant submits his verified written Plea of Guilty. The defendant is charged with Operating While !ntoxicated, Second Offense, an Aggravated Nisdemeanor, in violation of Section 321J.2 of the !owa Code. The State appears by Sac County Attorney, Ben Smith. The Defendant waives his personal appearance and appears by counsel, Peter Goldsmith. The written plea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, with an understanding of the charge, with knowledge of the penal consequences of the plea, with full knowledge of his constitutional rights, and that said rights are waived by a plea of guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual basis for the defendant's plea of guilty. The written plea indicates the defendant's informed understanding of his rights contemplated in the cases of State v. Sisco, 169 N.W.2d 5+2; Brainard v. State, 222 N.W.2d 711; and State v. Reaves, 25+ N.W.2d +88, all as shown in the defendant's written plea of guilty, which plea is made a part hereof by this reference. The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record. The defendant indicates his understanding of his right to additional time and the right to file a Notion in Arrest of Judgment and the necessity of doing so at least five days prior to the date set for sentencing and indicates his voluntary waiver of those rights and his desire to proceed immediately to sentencing. The Court, finding the defendant's waivers are voluntary and made with an understanding of his rights, accepts the waivers and proceeds to entry of judgment. The defendant's counsel indicates he knows of no legal cause why judgment and sentence should not be pronounced. The Defendant is adjudged guilty of the offense of Operating While !ntoxicated, Second Offense, an Aggravated Nisdemeanor, in violation of !owa Code Section 321J.2. The Defendant is sentenced to be committed to the custody of the Director of the E-FILED 2014 MAR 19 9:47 AM SAC - CLERK OF DISTRICT COURT Division of Adult Corrections for a term not to exceed two years. All but the first 7 days of this sentence is suspended. Defendant is given credit for time served, if any, as certified by the Sheriff. The Defendant shall have this sentence served in full by September 19, 201+. Defendant may participate in the Sac County Work Release Program facilitated by the Sac County Sheriff. !n the event Defendant participates in the +8-hour Weekend Alcohol Program, he shall receive credit towards +8 hours of the jail sentence. The Defendant is further sentenced to pay a fine in the sum of $1,875.00, plus a 35 surcharge, a $10.00 D.A.R.E. surcharge, the court costs of this action, including correctional fees as certified by the Sheriff. Defendant shall pay court-appointed attorney fees. Defendant shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov. Defendant shall pay the balance due according to a play of payment developed by his probation officer. On the suspended portion of this sentence, Defendant is placed on probation to the Sac County Probation Office for a period of one year. Conditions of probation are as follows: 1. Defendant shall report to the Sac County Probation Office within 7 days of today's date to sign up for probation supervision. 2. Defendant shall pay the balance due by way of a plan of payment developed by the probationary supervisor. 3. Defendant shall obey all laws. +. Defendant shall serve the jail sentence as required. 5. Defendant shall complete any recommendations outlined in the substance abuse evaluation. 6. Defendant shall attend and successfully complete a course for Drinking Drivers facilitated by the area community college or substance abuse treatment agency. The Defendant is ordered to file proof of completion of the course for Drinking Drivers to the Clerk of Court before the expiration of his probation. Defendant may complete this course via the +8-hour Weekend Alcohol Program. 7. Defendant shall abstain from the use and possession of alcoholic beverages and controlled substances. 8. Defendant shall not enter any business establishment where 50 or more of the sales are from the sale of alcoholic beverages. Any bond money previously posted is released and exonerated. Appeal bond is set in the sum of $2,000.00. E-FILED 2014 MAR 19 9:47 AM SAC - CLERK OF DISTRICT COURT
COP!ES TO: County Attorney Defense Counsel Sac County Sheriff !owa D.O.T. Sac County Probation Office E-FILED 2014 MAR 19 9:47 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR. So Ordered Electronically signed on 2014-03-19 09:47:37 page 4 of 4 E-FILED 2014 MAR 19 9:47 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 21 1:48 PM SAC - CLERK OF DISTRICT COURT