E-FILED 2014 SEP 06 9:24 AM SAC - CLERK OF DISTRICT COURT

SAC COUNTY JUDICIAL MAGISTRATE COURT

W A R R E N L. BUSH, JUDICIAL MAGISTRATE
(712) 662-7791, SAC CITY, IOWA 50583

DISTRI

SAC COUrUY
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BOND AGREEMENT

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secure my release.

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I have been released on my own recognizance pending my

appearance at Magistrate Court.

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I understand I have the right to be represented by an attorney. If I cannot afford
one, one will be appointed for me upon application.
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I understand there are severe penalities for failing to honor this agreement.

I understand my failure to appear at the designated date will cause this

agreement to become null and void and a warrant for my arrest will be issued by the Judicial
Magistrate.
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amounts owed may be paid therefrom upon disposition. That party further agrees that, if any
sums remain, it may be used for repayment of accrued or accruing room and board charges
during incarceration in jail.

Signage ofyPerson Posting Bond (Surety)

Received by:
Jailer

Clerk of CourtZDesignee

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B.O.J. Bond Service

108 S. 16th
Denison, lowa 51442
712-263-6734
712-263-5889

S u n Surety

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Statutory R e f e r e n c e :

O f f i c i a l Form

day of

Sun Surety
Insurance Company

POWER OF ATTORNEY

21 Main Street, Rapid City, SD 57701

POWER NO. 5A-277613

POWER AMOUNT

$5,500.00

IT IS UNLAWFUL TO PRINT THIS FORM WITHOUT WRITTEN C O N S E N T O F SUN SURETY INSURANCE COMPANY.
KNOW ALL MEN BY THESE PRESENTS that Sun Surety Insurance Company, a corporation duly organized and existing under the laws of the state of South Dakota does
constitute and appoint and by these presents does make, constitute and appoint the named agent its true and lawful Attorney-in-fact with full power and authority to sign
the Company name and affix its seal to, and deliver on its behalf as surety, a bail bond only. Authority of such Attorney-in-fact is limited to appearance bonds and cannot be
Construed to guarantee defendant's future lawful conduct, adherence to travel limitations, fees, restitution, payment or penalties or any other conditions imposed by a court
hot specifically related to court appearance.
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THE OBLIGATION OF THE COMPANY SHALL NOT EXCEED THE SUM OF FIVE THOUSAND FIVE HUNDRED DOLLARS $5,500

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Appearance^
; Date
Court City

Date ot Bond

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Case #
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Court County

IN WITNESS WHEREOF, SUN SURETY INSURANCE

COMPANY, has caused'these presents to be signed by its duly
authorized officer, proper for the purpose and its corporate seal
to be hereunto affixed!this 24th'day'of'April, 1998.
Patrick Wood, President

Offense
Attorneyy-in-fact

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This power of attorney is for use'wiJIa'Bail Bonds only. Not valid if used with Federal Immigration Bonds. This power void if altered or erased, void if used with other powers
of this company or in comfilr^tip/rwith powers from any other surety company, and void if used to furnish bail in excess of the stated face amount of this power, and can
only be used once. This powefof attorney is to be filed with the bond and retained as part of the court records and should remain a permanent part of the court records.

E-FILED 2014 SEP 15 9:09 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012640
vs.
BETH ANN MOHR ,
Defendant.

INITIAL APPEARANCE
POSSESSION OF MARIJUANA

Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE
Defendant's bond shall remain in place pending final disposition of this matter.
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:
6 Months in the County Jail
Years Prison
And/Or $a fine not to exceed $1000 +35% surcharge and court costs
You will lose your driver's license for a period of 180 days.
1 of 3

E-FILED 2014 SEP 15 9:09 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.
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
serous misdemeanor, additionally:
Upon consideration of the factors in Section 811.2, the Court imposes the following conditions
on your release:
(1) You must not use any alcohol or illegal drugs during the pendency of this matter.
(2) You must obey all laws of Iowa and the U.S.
(3) 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 10/06/2014 at 11:00 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
Sac County Sheriff
2 of 3

E-FILED 2014 SEP 15 9:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012640
Type:

Case Title
STATE VS BETH ANN MOHR
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-09-15 09:09:24

3 of 3

E-FILED 2014 OCT 06 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. SRCR012640

TRIAL INFORMATION

BETH ANN MOHR,

DOB: 08/24/1987
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, Beth Ann Mohr of the
crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,
FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 124.401(5)
committed as follows:
The said Defendant, Beth Ann Mohr, on or about September 6, 2014 in the County of
Sac and State of Iowa did unlawfully and willfully knowingly or intentionally possess a controlled
substance, to-wit: Marijuana, A Schedule I Controlled Substance.
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 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. BETH ANN MOHR

Criminal No. SRCR012640
COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

NAMES OF WITNESSES:
NATHAN BOECKMAN, RESERVE POLICE OFFICER, LAKE VIEW POLICE DEPARTMENT
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT

E-FILED 2014 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
SRCR012640

Case Title
STATE VS BETH ANN MOHR

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 2014-10-14 10:49:04

page 3 of 3

E-FILED 2014 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 SRCR012640

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

BETH ANN MOHR ,

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 11/05/2014 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 OCT 14 10:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
SRCR012640

Case Title
STATE VS BETH ANN MOHR
So Ordered

Electronically signed on 2014-10-14 10:49:05

page 2 of 2

E-FILED 2014 OCT 20 2:29 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 20 2:29 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 21 8:48 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
BETH ANN MOHR ,

Case No: 02811 SRCR012640

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

Defendant.
The defendant having filed a written arraignment in this matter on October 20, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 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 01/27/2015 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 OCT 21 8:48 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 OCT 21 8:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012640
Type:

Case Title
STATE VS BETH ANN MOHR
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-10-21 08:47:52

3 of 3

E-FILED 2014 NOV 24 11:49 PM SAC - CLERK OF DISTRICT COURT

Date: 11/24/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

SRCR012640

No.
vs.

BETH ANN MOHR

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for

expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___11/24/2014_____________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2014 NOV 25 10:21 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 SRCR012640

vs.
BETH ANN MOHR ,

ORDER

DEFENDANT.

The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before December 5, 2014. If any objection is filed on or
before December 5, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before December 5, 2014, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
JOSEPH EDWARD HALBUR
MEDIA COORDINATOR
BETH ANN MOHR

1 of 2

E-FILED 2014 NOV 25 10:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012640
Type:

Case Title
STATE VS BETH ANN MOHR
OTHER ORDER
So Ordered

Electronically signed on 2014-11-25 10:21:33

2 of 2

E-FILED 2014 DEC 19 11:14 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. SRCR012640

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

BETH ANN MOHR,

Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 17, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by her attorney, Joe Halbur 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 has agreed to plead guilty to Count 1 of the Trial Information, pay all
applicable costs, and pay the minimum fine / civil penalty, and the State has
agreed to recommend that Defendant receive a deferred judgment. Defendant
intends to submit a written guilty plea by January 7, 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 DEC 22 9:06 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 SRCR012640
Plaintiff,
vs.

ORDER

BETH ANN MOHR ,

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 01/07/2015 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 2014 DEC 22 9:06 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012640
Type:

Case Title
STATE VS BETH ANN MOHR
OTHER ORDER
So Ordered

Electronically signed on 2014-12-22 09:06:39

2 of 2

era

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

No. SRCRO12640
GUILTY PLEA

CO
V"

5
m
BETH ANN MOHR,
DOB: 08/24/1987
Defendant.
COUNT I
I, the undersigned Defendant, have carefully read and fully understand the following:
I am charged with POSSESSION OF M A R I J U A N A , A S C H E D U L E I C O N T R O L L E D
SUBSTANCE, FIRST OFFENSE, and I hereby request that my plea of guilty to the charge be
entered of record.
A. The maximum punishment for this crime is:
For the first offense, imprisonment of not more than six months in jail, and a fine of not
more than $1;000.00 plus statutory surcharges, plus all. court costs, and all costs and fees
incurred for legal assistance. The surcharges include a 35% surcharge, a $125 Law
Enforcement Initiative Surcharge and a $10.00 DARE surcharge. The fine is immediately due
on the date.ofsentencing, unless, a payment plan is approved by the Court within thirty days of
the Judgment date. The crime of First Offense Possession of Controlled Substance,
Marijuana, is a Serious Misdemeanor.
If a Deferred Judgment is not granted, the Court will also order the Department of
Transportation to revoke my driver's license for 180 days. This is in addition to any
suspension or revocation of driving privileges I am presently serving.
In addition, for any Possession of Controlled Substance conviction the Court shall
consider and may order denial of certain Federal and comparable State benefits, such as
student loans, grants, contracts, professional or commercial license. This does not include
retirement, welfare, Social Security, health, disability, veteran's benefits, public housing or
similar benefits.
I will be required to pay correctional fees for incarceration and enrollment fees for
probation. I am aware that sentencing options may include deferral of Judgment and
Sentence, the grant of probation and the suspension of sentence imposed.
I. understand I may . be required to complete a substance abuse evaluation at my own
expense. If ordered, I will provide the evaluation to the Court before I am sentenced.
The Court may order me to participate in a reality education substance abuse prevention
program.
.
...
'
.-\
The Court may order-restitution.to any victim of my.offense. In addition, the Court may
order restitution up to $500 each to any public agency (fife-fighting, law enforcement,
:

ambulance, medical or any other emergency services), which responded as a result of my

violation.
B. I understand that a criminal conviction, deferred judgment or deferred sentence may affect my
status under federal immigration laws.
C. If I plead not guilty, I would be entitled to the following rights. I give up these rights by
pleading guilty:
(1) . The right to a speedy and public trial by a jury of twelve people.
(2) . The right to have an attorney represent me at trial and, if the Court found I was unable to
afford an attorney, the Court would, at public expense, appoint an attorney to represent me.
(3) . At trial, I would be presumed innocent until such time, if ever, the State established my
guilt beyond a reasonable doubt.
(4) . At trial, a jury verdict of guilty would have to be unanimous.
(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forced
to testify, and i f i choose not to testify, the State may not comment on the fact of my failure to
testify and, at my request, I would be entitled to a jury instruction stating that the jury could
not infer guilt from my failure to testify.
(6) . At trial, the State would have to confront me with witnesses upon whose testimony it
relied to obtain conviction, and I would have the right to cross examine those witnesses.
(7) . At trial, I would be entitled to present witnesses to testify on my behalf and to
compulsory process to secure those witnesses.
D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to
trial, and will be treated as if I had been tried and found guilty by a jury.
E. The Court, in determining whether there is a factual basis for this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the Trial
Information, by reviewing the investigative reports of law enforcement agents who have
investigated the offense, or by asking me or counsel to recite and summarize the material facts
that would be offered at trial.
The Court has the discretion to accept or reject any plea agreement made between the State
and -myself. . The plea agreement is: I will plead guilty to Possession of Marijuana, a
Schedule I Controlled Substance, First Offense a violation of Iowa Code Section 124.401(5).
a Serious Misdemeanor. The County Attorney will recommend a Deferred Judgment. I will be
placed on probation to the Sac County Probation Officer for a period of one- (1) year from
the Judgment date. I will pay a Civil Penalty to the State Court Administrator, through the
Clerk of Court, in the amount of $315.00. the $125.00 Law Enforcement Initiative surcharge,
and court costs: to be paid as set out in the Probation Agreement. Pursuant to the plea
agreement, the County Attorney will recommend dismissal of companion citation
#STA0021437 and Count I and Count II of complaint #SMCR012641. '
This plea agreement includes that I will be responsible to pay court costs, payment of all
costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail
time and all surcharges and mandatory punishments (see paragraph B) applicable to my case.
I now state to the Court that I am, in fact GUILTY and that no threats or promises have been
2

made to induce me to enter my plea of guilty. I have been informed that the elements of the
crime are: that I
knowingly or intentionally possess a controlled substance, to-wit:
Marijuana, A Schedule I Controlled Substance I understand the nature of the charge
against me.
This offense was committed by me in Sac County Iowa by my doing the following: On
or about September 6. 2014 I did knowingly or intentionally possess a controlled
substance, to-wit: Marijuana. A Schedule I Controlled Substance, in Sac County. Iowa.
I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights
and I do so freely and voluntarily. No threats have been made against me to obtain this guilty
plea. No promises of leniency or favorable treatment have been made, except for any plea bargain
disclosed to the Court at the time of this guilty plea.
F. If the Court accepts my plea of guilty, I realize:
(1). The Court will set a sentencing date not less than fifteen days after the date of its
acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I
must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to
file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence
today.
(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty,
and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have
the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:
1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of
judgment, and that the Court will set a sentencing date not less than fifteen days after the
date of its acceptance of this guilty plea unless I waive this right, and the right to file a
Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this plea of
guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I waive any time to which I may be entitled
for sentencing at a later date.

WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at my sentencing
and present evidence in my own behalf. I understand that it is my choice to be present or not, and
that no one can exclude me from sentencing.
With the above in mind, and further understanding that my decision whether to be present
or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my
sentencing.

D/fendi

iTtoniey foi^jdfendant, Joseph E. Halbur

STATE OF IOWA
) SS
SAC COUNTY
01<f)before
me^he under
undersigned, a Notary Public
On this \ v
day o
before meiie
in and for said State, personally appeared
to me known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that she executed the same of her voluntary act and deed.

lie in and for the State of Iowa

Notary mjolic

E-FILED 2015 JAN 08 1:47 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

SRCR012640
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND

DEFERRED JUDGMENT ORDER

BETH ANN MOHR,

Defendant.
DATE:

January 8, 2015

CHARGE:

Possession of Marijuana, a serious misdemeanor, in violation of

Iowa Code 124.401(5)

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 granted a deferred judgment pursuant to Iowa Code
Sections 901.5 and 907.3.
2.

Defendant shall pay all of the following financial obligations:

a.
Pursuant to Iowa Code Section 907.14, a civil penalty of $315.00;
b.
a law enforcement initiative surcharge of $125.00 pursuant to Iowa
Code Section 911.3; and
c.
the court costs of these proceedings.
Defendant shall pay all financial obligations owed to the Clerk of Court of
this county or online at www.iowacourts.gov. All such financial obligations
shall be paid by way of a plan of payment developed by the probation
officer.

3.
conditions:

Defendant is placed on probation under the following terms and

E-FILED 2015 JAN 08 1:47 PM SAC - CLERK OF DISTRICT COURT

a.

Defendant is placed on informal probation to the Sac County

Probation Office (the Probation Supervisor) for a period of one
(1) year from the date of filing of this Order;

b.

Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems
appropriate. In addition to any terms and conditions imposed by
the Probation Supervisor, the Court specifically imposes all of the
following additional terms and conditions:
(1)

Defendant shall make in-person contact with the Probation

Supervisor [within seven (7) days of the filing of this
Order][immediately following the sentencing hearing] 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)

If Defendant becomes eligible for reinstatement of

Defendants drivers license during the term of probation,
Defendant shall take all steps necessary to obtain a valid
drivers license as soon as Defendant is eligible;

(4)

Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;

(5)

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;

(6)

If Defendant has not already done so, Defendant shall

undergo a substance abuse evaluation and follow any
recommendations for treatment or counseling made as a
result of the evaluation, all at Defendant's own expense. If

E-FILED 2015 JAN 08 1:47 PM SAC - CLERK OF DISTRICT COURT

Defendant has not already done so, in order to provide proof

that Defendant has undergone the required evaluation,
Defendant shall procure from the substance abuse evaluator
a letter or written report which shall be filed with the Clerk
of this Court no later than 21 days from the date this Order
is filed; and
(7)

Defendant shall comply with all terms of this Order,

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

4.
The Court grants this deferred judgment because it provides for the
rehabilitation of Defendant and for the protection of the community. The Court has
considered the recommendation of the parties with respect to disposition. The terms of
this Order are appropriate in light of the relevant facts, including Defendant's criminal
record, or lack thereof, and/or the circumstances of the case.
5.
Due to the fact that judgment has been deferred, appeal rights do not
apply.
6.
Defendant is advised that, in the event Defendant does not fulfill the
conditions of probation, in addition to potential contempt of court sanctions, the Court
may revoke Defendants probation, revoke Defendants deferred judgment, and impose
any sentence authorized by law.
7.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
8.
IT IS FURTHER ORDERED that Counts I and II of Case No. SMCR012641
and Case No. STA0021437 are dismissed upon motion of the county attorney and
pursuant to plea agreement.
Clerk Shall Furnish Copies To:
County Attorney
Defense Counsel
Probation Supervisor

E-FILED 2015 JAN 08 1:47 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SRCR012640

Case Title
STATE VS BETH ANN MOHR
So Ordered

Electronically signed on 2015-01-08 13:47:06

page 4 of 4

E-FILED 2015 JAN 12 9:20 AM SAC - CLERK OF DISTRICT COURT