E-FILED 2014 AUG 06 2:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 AUG 06 11:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012620
vs.
CINDI MARIE FERTIG ,
Defendant.

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
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 7 days
2 Years Prison
And/Or a fine of not less than $1,875 or more than $6,250 plus 35% surcharge and court
costs.
You will lose your license for a minimum of 365 days and cannot obtain a work permit for
days.
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E-FILED 2014 AUG 06 11:49 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 08/25/2014 at 10:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
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

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E-FILED 2014 AUG 06 11:49 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

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E-FILED 2014 AUG 06 11:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012620
Type:

Case Title
STATE VS CINDI MARIE FERTIG
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-08-06 11:49:35

4 of 4

TV

201^
Sac

IN THE IOWA DISTRICT COURT FOR

COUNTY

)^f Criminal

STATE OF IOWA or
Plamtiff/Petitioner,

Civil

No.

vs.

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
^ame: d
I h JQ' / I,
Name:
Li /Al

f g rr T
/"
I l j

BirthDate: / - {*?-S*?
,

Cell Y b M g f l J ' 8 3 n - 4 4 % ' 7 E-mail: ( l f : r f ^ ^ j i ^ a J -

Home Phone:

Street Address:
Street/P.O. Box

Apt#

City

State

Pending charges: ) u O l I l

Zip

In Jail? Yes & N o

Do you have a job? ^ No Job

Yes, Full Time

Yes, Part Time (List Hours/week:

Who do you work for?

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

per 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? c D
If a spouse lives with you, how much money does your spouse make?
List all other money you, or anyone
anyoi else living in your household, has coming in:

per hour month year

List
mcluding money
money in
in banks,
cars, trucks,
trucks, otner
other vehicles,
List what
what you
you own
own including
banks, cars,
vehicles land, houses, buildings, cash, or anything
else worth more than $100: ' 9 /- Poi^-f ifl CL.Cz> YCLr^ A f r i ^
L

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.

Rev. 1/6/12

E-FILED 2014 AUG 12 12:30 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
CINDI MARIE FERTIG ,

02811 OWCR012620
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 at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 AUG 12 12:30 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012620
Type:

Case Title
STATE VS CINDI MARIE FERTIG
ORDER APPOINTING
So Ordered

Electronically signed on 2014-08-12 12:30:39

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E-FILED 2014 AUG 12 3:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

PLAINTIFF
Vs.
CINDI MARIE FERTIG
DEFENDANT

)
)
)
Crim No. OWCR012620
)
) Appearance and Waiver of
) Preliminary Hear
)
)
)

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884

Original filed
Copy to: County Attorney

E-FILED 2014 AUG 26 4:05 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. OWCR012620

TRIAL INFORMATION

CINDI MARIE FERTIG,

DOB: 01/19/1959
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, Cindi Marie Fertig of
the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Cindi Marie Fertig, on or about August 5, 2014 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 Defendant Cindi Marie Fertig having been convicted of the crime of Operating
While Intoxicated in Sac County Iowa in Sac County District Court, Count II of Cause
#OWCR011530, on or about the 26th day of January 2010.
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

E-FILED 2014 AUG 26 4:05 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. CINDI MARIE FERTIG

Criminal No. OWCR012620
COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, SAC COUNTY IOWA SHERIFF'S DEPARTMENT
JOHN MEISTER, OFFICER, LAKE VIEW IOWA POLICE DEPARTMENT
DONNA GEERY, CLERK OF DISTRICT COURT, SAC COUNTY IOWA CLERK OF
COURT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY

E-FILED 2014 AUG 26 4:05 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012620

Case Title
STATE VS CINDI MARIE FERTIG

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 2014-08-26 16:05:43

page 3 of 3

E-FILED 2014 AUG 26 4:05 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012620

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

CINDI MARIE FERTIG ,

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 Hearing is
scheduled on 09/03/2014 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 AUG 26 4:05 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012620

Case Title
STATE VS CINDI MARIE FERTIG
So Ordered

Electronically signed on 2014-08-26 16:05:43

page 2 of 2

E-FILED 2014 SEP 02 10:24 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOURT FOR SAC COTINTY

STATEOFIOWA.

CRIMINALNO OWCRO12620

Vs.

WRITTENAITI{AIGNMENT.

CINDIMARIEFERTIG

PT,EAOI-NOT GLJILI'Y

Dcfendant

'l'rial
Date
Inlbrmationfiled:
caseand underoathstates:
criminal
COMES NOW the Dcftndant in the above-captioncd
by Atlorne.vCharlesA. Schulte.n'hoseaddressand phonenumberare
l. I am represented
421 Main St..PO Box 392.SacCitr'.IA. 50583r(712)662-4715.
and phonenumberarc 9l W. 5'hSt. Apt'15.
2. My currentmailing and residencead<lress
. Ml dateof birth is 0l - 19phonc
is:
712-830-4927
number
I-akeView. IA 5 1450 My
the Englishlanguageand havecompletedthc lbllowing
1959. I canreadand understand
ler,elofeducation:12 Ycirrs.
that I havea right to arraignnlent
4. I havcbeenadvisedb-vm)'attorneyand understand
in openCourt.ar.rdI voluntarilywaive that righl. choosinginsteadto sign this Written
that timesfor furlherproceedings
Anaignmentand Pleaof Not Guilt.v.I understand
n'hich are computedfron.rthe date of arraignmentwill be computcd from the datc o1'
tiling this Written Arraignmcntand Pleaof Not Guilt.v.
5. I liavereceiveda copy of tl.reTrial lnformationwhich chargesnc rvith the crimc ol'
COUNT I: OPERATING WHILE INTOXICATED, SECOND OFFENSEin
violation of lorva Code Section321J'2.
6. With regardto the nameby u,hichI am chargedin the l'rial Information(eithercheck
"a" or chcckand complete"b"):
'.
( y.\{. lne nameon the Trial Inlbrmationis m.vtrue name l havebeenadvised
that I am norvprecludedliom objectingto the'l'rial Inlbrmationuponthe
anduntlcrstand
groundthat I am improperll'nan'red.
'l
( )b. he nat.neshorvnot.rthe Trial lnlbrnlationis nol my true name. My true
namcis. I rcquestthat an eutl'ybe madein the nlinutesshorvingmy true namc. I have
rvill be had againstme bl that narne,
beenadvisedand underslandfiulher proceedings
and r",henthe Trial lnlbrmationis so
accordingl1,,
will be amended
the'rrial Infbr.mation
named.
I am improperl-v
amended,I will be precludcdlrom objectinguponthe grour.rds
thal I r.naypleadguilty. not guilty or fbrmcr
7. I havebeenadviscdand understand
convictiolror acquittal.

E-FILED 2014 SEP 02 10:24 AM SAC - CLERK OF DISTRICT COURT

I havehad sufficicnttime to discussrn1'casewith

8. For the puposc of this arraignment.
m,vattorney.and I waivc any further time in rvhich to entera plea.
9. I pleadNOT CIUILTY to the chargesir.rparagraph5 abovc.
that I havea right underl{ule 2 33(2Xb)of thc
10. I havebeenadvisedand understand
('rininul
I'rocedure to a trial u,ithin ninct"vdays/oncyear after the filing of
Iotta Rulesof
the Trial Informationand (checkeither"a" or "b"):
,''
to RLrle2 33(2)(b)and (c)
(ty'a. I dcmandspeedl trial pursr-rant
( ) b. I waive my'right to a spcedytrial pursuantto Rule 2.33(2)(b)and (c)
ll. I requcstthat a trial datcbe setpursuantto Rule 8.1 ol'the 1oy,.lRulesof'('riminal
Prot:edure.My attorneyand I will bc availablefor trial on the lbllou'ing dals: An1
Time.

Original to be filed rvith Clerk of Court

Copl- providcd to:
Count] Attorne]"

E-FILED 2014 SEP 02 4:36 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
CINDI MARIE FERTIG ,

Case No: 02811 OWCR012620

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on September 2, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 10/15/2014 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 11/04/2014 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.
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E-FILED 2014 SEP 02 4:36 PM 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

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E-FILED 2014 SEP 02 4:36 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012620
Type:

Case Title
STATE VS CINDI MARIE FERTIG
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-09-02 16:36:26

3 of 3

E-FILED 2014 OCT 14 3:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
v.
CINDI MARIE FERTIG,

Case No. OWCR012620

REPORT OF PRETRIAL
CONFERENCE

Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 14, 2014, the parties conducted a Pretrial Conference as ordered or
in anticipation of the same. The State appeared by the Sac County Attorney,
Ben Smith. The Defendant appeared by her attorney, Chuck Schulte. The
parties, through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant agrees to plead guilty to count one and pay the minimum fine. The
State has agreed to recommend that Defendant receive a 90-day jail sentence
with all but seven days suspended and be receive informal probation through
the Sac County Probation Office.
The parties stipulate that Defendant does not have the reasonable ability to pay
restitution for court-appointed attorney fees.
Defendant intends to submit a written guilty plea by October 31, 2014.
Defendant intends to waive presence at sentencing. Defendant intends to
waive time between plea and sentencing.

__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org

E-FILED 2014 OCT 15 8:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012620
Plaintiff,
vs.

ORDER

CINDI MARIE FERTIG ,

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 either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
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 2014 OCT 15 8:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012620
Type:

Case Title
STATE VS CINDI MARIE FERTIG
OTHER ORDER
So Ordered

Electronically signed on 2014-10-15 08:49:10

2 of 2

E-FILED 2014 OCT 28 9:30 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND I.'ORSAC COUN'TY

STATE OF IOWA,
No. OWCROI
2620
Plai-nt
i11.
GUIL'TYPLEA
AGGRAVATEDMISDEN,IEANORvs.
Count l- OWI zndOffense
CINDI MARIE FERTIG.
D O B :0 l / 1 9 / 1 9 5 9 ,
Def'endant.
COUNT I
COMES NOW tbe Delendant in the above action and statesthat lhavc bccn char-qetl
with OPERaTING A N1OTOR \.EHICLE \I'HILE INTOXICATED _ 2ID OFFEI.{SE,on
AggravatedMisdemeanor,in violation of Iou'a Code Section32lJ.2, and I herebyrequestthat
my plea of guilty to the chargebe enteredofrecord.

ln supportof my guilty plea, I statethat I fully understandand have been advisedby my

attorneyof thc tbllor.vingrights:
That I haYethe right to proceedu,ith a plea of not guilty and compel the Stateof Iowa to prove
jury in a speedyand public trial;
my guilt to the ur.nnimoussatisfaclionofa trvelve-person
That I have the right to remain silent and could not be tbrcedto testify or incriminatemyself in
any manner:and that if I exercisedmy right to retnainsilent; this could not be used againsttne
and the Statewould be prohibitedfrom commentingon my silence;
That I have the right to be representedby an attomey tbroughoutthe cntire trial, and if I arn
unableto afford an attorney,the Court would appointone to representme at public expense;
That I have the right to cross-examineall witnessesagainstme and to presentevidencc,if any,
on my orvn behalf;
That I am presumedrnnoccntuntli lhe Stateproves,ii ever, that i am guilty bcyond a reasonabie
doubt;and
That I havethe right to subpoenawitnessesto appearand testityon rny behall.
I have also been advisedthat the above-statedoffense is an AggravatedMisdemeanorrvhich
canies a maximum penalty of irnprisonmentnot to exceedtrvo (2) years or a S6,250 finc '"vith
surchargesof 35% and $10.00 DARE theteon ot both: I understandthere is a seven (7) day
minimurnjail sentence;I furthcr undcrstandthat the minimum fine is $1,875 plus surchargcsof
35% and S10.00:and that I may be requiredto make restitutionof pecuniarydamagesto any
victrm of this crime and o f court-appointedattomey fees,if any. and pay the court costs. I may
be required to attend substanceabuse treatmentor educationclasses.ln addition, I rnay be
requiredto pay correctionalfees for incirrcerationand enrollmentfees lor supen'isedprobatton.

E-FILED 2014 OCT 28 9:30 AM SAC - CLERK OF DISTRICT COURT

I have been informed that there may be etfectsto rny licenseincluding suspension,revocations
and barmentsbccauseof this plea. I have likewisebeen informed that other sentencingoptions
may be available to the Court, including but not lirnited to the deferral of Judgment and
ofsentenceimposed.
the grantofprobation and the suspension
Scntence,
I now state to the Coufi that I am, in fact GUILTY and that no threats or promises have been
made to induce l.neto enter my plea of guilty. I have been infonned that the elenents of the
crime are: that I operated a motor vehicle (l) rvhile under the influencc of an alcoholic
beverageor other drug or a combination of such substances;or (2) while having an alcohol
concentration of .08 or more; or (3) while any amount of a controlled substanceis present
in my person as measured in my blood or urine. And that I have a prior conviction ofthc
the natureofthe chargeagainstme.
crime, Operating While lntoxicated. I understand
This oilbrrservascormlittcd bi mc in Sac County lorva by tny doing the firilorving:I did on

4
influence of alcohol and was intoxicated at the time when I was driving and did have a
blood alcohol concentration of .170 (BAC). and I receiveda nrior convictionfor Operatins
While Intoxicatedin Sac County Iowa. in Sac Countv District Court case#OWCR0ll530 in
CountII. on the 26th dav ofJanuary 2010.
Thereis a iactualbasisfbr rry plea of guilty and thereis no reasonwhy I shouldnot pleadguilt, .
I herebystatethat I submit thrs w tten plea of guilty with full knowledgeand wajvcr ol
my rights and I do so freely and voluntarily. No threatshavebccn madeagainstme to obtainthis
guilty plea. No promisesofleniency or favorablctreatmenthave beenmade,except for any plca
aqrccmentdisclosedto the Coufi at the time this Guilty Pleais offered for approvalin Court.
I havc beenadvisedof rny rights as sct fbrth in Count I of thts plea.
The plea agreement is: The recommendedsentencervill be ninetv (90) davs in the,Sac
County Jail. which will be susnendedafter I ser-vethe mandatoryminimum seven(7) davs.
rvith credit fbr time servedof eleven( I 1) hoursand forty-five (45) minutes:jail time can be
served in 48 hour increments.and I am eligible for the work releaseB!eg!q4-I!ci1!:hgu
WeekendAlcohol Programcanbe substitutedlor48 hoursjail time. IfI choosenot to attend
thc 48 hour WeekendAlcohol Prosram.then I will have to cornoletcthc 12 hour Drinking/
Oflcer fbr ;r
Drir,ing Coursc. I u ill be placcd on Probationto tlrc Sac County Probatior,r
periodofone vear from the Judgmententry date. I willpay a fine of$1.875.00. plus a 3570
surchargein the amountof$656.25. a $10.00DARE, surcharge.and court costslto be paid as
approved in the Sac County Probation Asreement. The pafires stizulale liIALLlq_lELbry
the reasonableability to pav restitutionlor court anoointedattomey fees. I wrll follow and
comolete the recomrnendationsof the SubstanceAbuse Evaluation. which is Extended
OutpatientTreatment. I understandthat if rny licenseto drive has not alreadvbccn rcvoked.
eqse
for this offense. the lowa Dcpartmcnt of Trans
nursuantto lowa CocleChapter32 I J 1brthe statutorvneriod
In admitting guilt. I understandthat any plea-bargainagreementswith the prosecutorare not
bindins on the Courl.

E-FILED 2014 OCT 28 9:30 AM SAC - CLERK OF DISTRICT COURT

I have been advised that I have the right to have a future date set for pronouncing
judgment and sentence,which cannot be less than fifteen (15) days after the guilty plca is
entered.uniessI conscntto a shortertimc. I understandthat any challengcto th(r guilty plea or
allegeddefectsin the plea proceedingsmust be raisedby a Motton in Arrest ofJudgment filed no
later than forty-five (45) days after the date my pleas is acceptedbut not lessthan five (5) days
before the date set for pronouncingjudgnient, and that failure to raise such challengeshall
precludethe right to assentliem in this Court or on appealto anotherCourt. I understandthat by
proceedingdirectly to sentencingI waive any right I may have to flle a Motion in Anest Of
Judgment. This rneans I will be forever precluded fiom challengingthe guilty plea or any
defectsin the pleaproceedings.
Basedon the foregoing,I herebyrvaiveall rry legal and trial rights. I requestthat my
euiltv nlea bc acceptedand enteredon record.

andjudgmentbe pronouncednow.
I requestsentencing

L.'"

STATEOF IO\\ A
SS
SACCOUNTY

the samcofhcr volurtaryactanddeed.

sheexecuted

NulJrj Pulrliuiri end l'or

e ol lo$J

A SCHULTE
,.. ". CI{ARLES
Number
124274
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E-FILED 2014 OCT 28 2:27 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012620
Plaintiff,

v.
CINDI MARIE FERTIG,

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

Defendant.

CHARGE:

Operating While Intoxicated, Second Offense, an aggravated

misdemeanor, in violation of Iowa Code 321J.2

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 crime of Operating While
Intoxicated, Second Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,875.00;
(2)
a 35% surcharge of $656.25;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and

E-FILED 2014 OCT 28 2:27 PM SAC - CLERK OF DISTRICT COURT

(5)

the court costs of this action, including court-appointed

attorney fees. The Court finds through information provided
by the parties, the Defendant is NOT reasonably able to pay
the expense of 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
make payments according to a plan of payment to be developed by
his probation officer.
b.

Defendant shall serve thirty (90) days in the county jail, with all but
seven (7) days of the sentence suspended. Defendant shall be
given credit for time previously served. The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by January 28, 2015.
The 7-day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule.
Defendant may
participate in the work release program if she qualifies. Defendant
may complete the OWI offender alcohol program in lieu of service
of 48 hours of the sentence. If Defendant does not serve the jail
sentence by that date, in addition to Defendant being subject to
contempt of court or probation revocation proceedings, upon
written request from the Sheriff, the Clerk of Court shall issue a
warrant for mittimus of the unsuspended portion of the sentence
and such warrant shall issue without further court order. In that
event, Defendants sentence shall be served continuously and not
in 48-hour installments.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation

E-FILED 2014 OCT 28 2:27 PM SAC - CLERK OF DISTRICT COURT

Supervisor) under the terms and conditions the Probation

Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

(3)

Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and

(4)

Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;

d.

Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and

e.

Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.

3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.

E-FILED 2014 OCT 28 2:27 PM SAC - CLERK OF DISTRICT COURT

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 amount of $5,000.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.

Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel: Charles Schulte
County Sheriff
Iowa Department of Transportation

E-FILED 2014 OCT 28 2:27 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012620

Case Title
STATE VS CINDI MARIE FERTIG
So Ordered

Electronically signed on 2014-10-28 14:27:30

page 5 of 5

E-FILED 2014 OCT 29 2:45 PM SAC - CLERK OF DISTRICT COURT