Professional Documents
Culture Documents
SAC
COUNTY
CD
vs
fOO
-o
D C
OFFENDER
Last
First
MAGANA
MANUEL
Suffix
Middle
< -~
Address
City
LAKE VIEW
IA
Date of Birth
Gender
Race
10/07/1996
MALE
WHITE-W
HISPANIC ORIGIN - H
Weight
Eye Color
Hair Color
BROWN - BRO
BLACK - BLK
State
Height
IA
5' 07"
51450-0000
Ethnicity
OFFENSE
State Local
Code Section
Crime Description
Class
321J.2(2)(A)
SRMS
Location Type
13 - H I G H W A Y / R O A D / A L L E Y
Literal Description
6TH S T A N D U S 7 1 / K A R R A V E
Address
City
State
H I G H W A Y 71 & 6TH S T R E E T
EARLY
IA
YES
11/29/2015
Zip Code
50535
Upper Time Range
11:15
STATUS OF OFFENDER/JUVENILE
N
CUSTODY
,
:
.|
WARRANT REQUESTED
|
'
SUMMONS TO APPEAR
(Citation Issued)
NO CONTACT ORDER
:|
RELEASED TO
REQUESTED
PARENT/GUARDIAN
1 - JAILED
'
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
AFFIDAVIT
S T A T E O F IOWA,
SAC
COUNTY
I. the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On November 29, 2015 I Deputy Meyer was on routine patrol when i observed a vehicle go by me with is registration tags line up on the lefts side and
touching the numbers on the plate. I activated my emergency light to initiate a traffic stop on the vehicle. I made contact with the driver and identified
him as Manny Magana. While speaking with Magana i could smell the odor of marijuana coming from the vehicle. I asked Magana if there was illegal
drugs in the vehicle where would they be. Magana advised me they would be in the center console. Magana admitted that he had paraphernalia.
Magana also admitted to smoking Marijuana two hours prior to me stopping him. When searching the vehicle i located a glass container with marijuana
in it. Also in the bag that was in the center console was a pipe used to smoke marijuana. Magana completed field sobriety test. And refused to
consent to a urine sample to test for drugs.
MEYER, JONATHAN
Signature of Complainant or Officer, Officer Name & Number
Primed Ai
11/29/2015
3 24 P M
Page 1
of 2
Form tt.
15-13341
81-8
S a c - 81
OWI
OWI
B A C on Datamaster
Number of Offense
1 - FIRST O F F E N S E
S T A T E O F IOWA,
SAC
COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Notary Name
Commission
DENISE WOLTMAN
Number
My Commission Expires
Printed Ai
11/29/2015
786032
<ttx~~-ui.+^^.
09/11/2017
11/29/2015
3:24 P M
Peace Officer
Page 2
of 2
i^]
Notary
FormS:
F[]
Prosecuting Attorney
15-13341
O "
oo
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> i
i o
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0
CO
VS
OFFENDER
Last
First
MAGANA
MANUEL
Middle
Suffix
3 j
-*c~.
-< ~
i\J
Address
City
State
402 A S H A V E
L A K E VIEW
IA
Date of Birth
10/07/1996
State
Height
IA
5' 07"
Gender
Race
MALE
WHITE - W
HISPANIC ORIGIN - H
Weight
Eye Color
Hair Color
BROWN - BRO
BLACK - BLK
Code
^
._
ar:
450-000rj
>
Ethnicity
OFFENSE
State
Local
Code Section
Crime Description
124.401(5)
POSSESSION OF C O N T R O L L E D S U B S T A N C E - MARIJUANA
Class
1ST O F F E
SRMS
Location Type
13 -
HIGHWAY/ROAD/ALLEY
Literal Description
6TH S T A N D U S 7 1 / K A R R A V E
City
Address
State
EARLY
H I G H W A Y 71 & 6TH S T R E E T
Is Date and Time of Incident Known?
YES
11/29/2015
Zip Code
IA
50535
Upper Time Range
11:15
STATUS OF OFFENDER/JUVENILE
v >
T A K E N INTO C U S T O D Y
WARRANT REQUESTED
CUSTODY
1 - JAILED
'
NO C O N T A C T O R D E R
'
REQUESTED
S U M M O N S TO A P P E A R
(Citation Issued)
R E L E A S E D TO
'
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
knowingly or intentionally possess a controlled s u b s t a n c e , to-wit:
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
O n N o v e m b e r 2 9 , 2 0 1 5 I D e p u t y M e y e r w a s o n r o u t i n e p a t r o l w h e n i o b s e r v e d a v e h i c l e g o b y m e w i t h is r e g i s t r a t i o n t a g s line u p o n t h e lefts s i d e a n d
t o u c h i n g t h e n u m b e r s o n t h e p l a t e . I a c t i v a t e d m y e m e r g e n c y light to initiate a traffic s t o p o n t h e v e h i c l e . I m a d e c o n t a c t w i t h t h e d r i v e r a n d i d e n t i f i e d
h i m a s M a n n y M a g a n a . W h i l e s p e a k i n g w i t h M a g a n a i c o u l d s m e l l the o d o r of m a r i j u a n a c o m i n g f r o m t h e v e h i c l e . I a s k e d M a g a n a if t h e r e w a s i l l e g a l
d r u g s in t h e v e h i c l e w h e r e w o u l d t h e y b e . M a g a n a a d v i s e d m e t h e y w o u l d b e in t h e c e n t e r c o n s o l e . M a g a n a a d m i t t e d that h e h a d p a r a p h e r n a l i a .
M a g a n a a l s o a d m i t t e d to s m o k i n g M a r i j u a n a t w o h o u r s p r i o r to m e s t o p p i n g h i m . W h e n s e a r c h i n g t h e v e h i c l e i l o c a t e d a g l a s s c o n t a i n e r w i t h m a r i j u a n a
in it.
MEYER, JONATHAN
Signature of Complainant or Officer. Officer Name & Number
PrintedAt
11/29/2015
3:23 P M
Page 1
of 2
Form
ff:
15-13341
81-8
Sac - 81
POSSESSION
Possession of a Controlled Substance
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Notary Name
DENISE W O L T M A N
Commission Number
786032
My Commission Expires
09/11/2017
11/29/2015
Peace Officer
11/29/2015
3:23 PM
Page 2
of 2
Notary
| Prosecuting Attorney
15-13341
Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
02 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE
Each of the charges carries a potential jail sentence. the OWI charge up to 1 year and the marijuana
charge up to 6 months. The OWI charge has a minimum 48 hour jail sentence while the marijuana
charge has no minimum.
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 and
first offense operating while intoxicated which carries a minimum fine of $1,250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of conviction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operator's license for a period of 365 and you cannot qualify
for a work permit for days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
1 of 4
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
MANDATORY SUBSTANCE ABUSE EVALUATION:
You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code 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:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the amount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
PRELIMINARY HEARING
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
2 of 4
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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Preliminary Hearing is scheduled on 11/17/2015 at 10:00 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa. in the magistrate courtroom.
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.
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
Defendant
Sac County Sheriff
3 of 4
Case Title
STATE VS MANUAL MAGANA
HEARING FOR INITIAL APPEARANCE
So Ordered
4 of 4
oisrsicrco^,
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STATE OF IOWA or
PlamtiflTPetitioner,
Criminal
NO.
vs.
COUNTY
Civil
OUXflO)9-<tt3
FINANCIAL AFFIDAVTT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of^counsel, and under penalty of perjury, the undersigned states:
Name: \
i ^ W )fj\
Home Phones? I Z 7 R
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Birth Date:
f/? 7.
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City
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State
ft?.
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t In Jail? fef"
Yes
Pending charges:
Do you have a job? 9 No Job
i-v.
No
A ;
If a spouse lives with you, how much money does your spouse make?
year
l/lf}\-f'/
inTT^^
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List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: i/Vl i A />* f l m f\ i T ^ r < r \ / ) h O l ,
~7 y j
'r
r*
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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^makef iin this application are true
and that I am unable to pay for an attorney to represent me. \
\ \
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^
Date , \ I ' W j / I S
Signature I j
i % I
1/1 A ] / i f t i f 1 3 \
STATE OF IOWA,
PLAINTIFF,
VS.
MANUEL MAGANA ,
02811 OWCR012983
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.
1 of 2
Case Title
STATE VS MANUEL MAGANA
ORDER APPOINTING
So Ordered
2 of 2
No. OWCR012983
APPLICATION FOR SPECIAL
PROSECUTOR
Defendant.
COMES NOW, the State of Iowa by and through the undersigned and
states the following:
1. That the undersigned, the Sac County Attorney, has a conflict-ofinterest or an appearance of a conflict of interest in the above-entitled case.
2. That the undersigned has consulted with Assistant Boone County
Attorney Matt Speers who indicated that he is willing and able to represent the
State in this matter.
WHEREFORE, the Sac County Attorneys Office requests the Court
appoint Assistant Boone County Attorney Matt Speers as special prosecutor in
this case.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
STATE OF IOWA
02811 OWCR012983
Plaintiff
vs.
ORDER APPOINTING
SPECIAL PROSECUTOR
MANUEL MAGANA
Defendant
BE IT REMEMBERED this matter came before the Court upon application of the County
Attorney.
THE COURT FINDS that a special prosecutor should be appointed.
IT IS THEREFORE ORDERED that Matt Speers, Assistant Boone County Attorney, is
appointed as special prosecutor of this matter.
1 of 2
Case Title
STATE VS MANUEL MAGANA
OTHER ORDER
So Ordered
2 of 2
No. OWCR012983
Plaintiff,
TRIAL INFORMATION
v.
MANUEL MAGANA,
DOB: 10-07-1996
Defendant.
COUNT I
COMES NOW Matthew Speers, as Special Prosecutor, and in the name and by the authority of the
State of Iowa, accuses defendant, MANUEL MAGANA (Defendant) of the crime of OPERATING
WHILE INTOXICATED FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code
Section 321J.2, committed as follows: On or about November 29, 2015, in Sac County and State of Iowa,
Defendant operated a motor vehiclewhile under the influence of a drug.
COUNT I
COMES NOW Matthew Speers, as Special Prosecutor and in the name and by the authority of the
State of Iowa, accuses Defendant, MANUEL MAGANA (Defendant) of the crime of POSSESSION OF
A CONTROLLED SUBSTANCE, a Serious Misdemeanor in violation of Iowa Code section 124.401(5),
committed as follows: On or about November 29, 2015, in Sac County, Iowa, Defendant knowingly
possessed marijuana, a controlled substance.
A TRUE INFORMATION
/s/ Matthew J. Speers
_______________________
MATTHEW SPEERS
Assistant Boone County Attorney
Special Prosecutor
201 State Street
Boone, Iowa 50036
(515) 433-0542 (Phone)
(515) 433-0552 (FAX)
mspeers@boonecounty.iowa.gov
WITNESS LIST:
JONATHAN MEYER, Sheriffs Deputy, Sac County Sheriff's Office.
MARK L. HEINO, Police Officer and Marijuana Examiner, Carroll Police Department.
Case Number
OWCR012983
Case Title
STATE VS MANUEL MAGANA
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
page 3 of 3
STATE OF IOWA,
Plaintiff,
vs
MANUEL MAGANA ,
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 01/06/2016 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
OWCR012983
Case Title
STATE VS MANUEL MAGANA
So Ordered
page 2 of 2
STATE OF IOWA,
Plaintiff,
v.
County Attorney
Defendant
Defense Counsel
1 of 2
Case Title
STATE VS MANUEL MAGANA
ORDER FOR CONTINUANCE
So Ordered
2 of 2
v.
MANUEL MAGANA,
Defendant.
DATE:
CHARGE:
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 $100.00;
b.
a law enforcement initiative surcharge of $125.00 pursuant to Iowa
Code Section 911.3;
c.
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
d.
the court costs of these proceedings, including court-appointed
attorney fees. The Court has determined, by information
presented by the parties, that Defendant is able to pay court-
a.
b.
(2)
(3)
(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)
(6)
(7)
(8)
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 Count I of the Trial Information, a charge
of Operating While Intoxicated, is dismissed upon motion of the county attorney and
pursuant to plea agreement. Costs are taxed to the Defendant.
OTHER ORDER
Case Number
OWCR012983
Case Title
STATE VS MANUEL MAGANA
So Ordered
page 5 of 5