Owcr012983 PDF

IN T H E IOWA DISTRICT C O U R T IN A N D F O R
SAC
This Complaint and Affidavit is to be

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COUNTY
Filed with Court Clerk (cc: CA)
Agency Case Number: 15-13341

Arrest Date: 11/29/2015
Submitted to County Attorney
Filed with J C O - Defendant is a Juvenile
CD
THE STATE OF IOWA

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vs
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-o
D C
OFFENDER
Last
First
MAGANA
MANUEL
Suffix
Middle
< -~
Address
City
State fSJ Zip CodeJJi
402 ASH AVE
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)
O P E R A T I N G WHILE UNDER T H E I N F L U E N C E 1ST O F F E N S E
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
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
11/29/2015
Upper Date Range
Incident Time or Low Range
Zip Code
50535
Upper Time Range
11:15
STATUS OF OFFENDER/JUVENILE
N
CUSTODY
TAKEN INTO 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
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
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
SAC COUNTY SHERIFF'S OFFICE
11/29/2015
3 24 P M
Page 1
of 2
Form tt.
15-13341
81-8
GENERAL PROBABLE CAUSE

Defendant Implicated
01 - POSSESSED DRUGS/PARAPHERNALIA, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE
Other Physical Evidence
Operating Motor Vehicle in County
Attempted To Inflict Injury
S a c - 81
OWI
OWI
09 - REFUSED TEST AFTER IMPLIED CONSENT ADVISORY
B A C on Datamaster
DCI Lab Screen Positive for Drugs
Field Sobriety Tests Refused
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
Signature of Verifying Party
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
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be.

^<(]
Filed with Court Clerk (cc: CA)
Agency Case Number. 15-13341

Arrest Date: 11/29/2015
[ Submitted to County Attorney
| Filed with J C O - Defendant is a Juvenile
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4
THE STATE OF IOWA
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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?
Incident Date or Low Range
YES
11/29/2015
Zip Code
IA
Upper Date Range
Incident Time or Low Range
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:
Marijuana, A Schedule I Controlled Substance
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
GENERAL PROBABLE CAUSE

Defendant Implicated
01 - POSSESSED DRUGS/PARAPHERNALIA, 03 - ADMISSION/STATEMENTS,
05 - OPERATING MOTOR VEHICLE
Attempted To Inflict Injury
Other Physical Evidence
Operating Motor Vehicle in County
Sac - 81
POSSESSION
Possession of a Controlled Substance
3 - ODOR OF NARCOTICS, 4 - POSSESSED DRUG PARAPHERNALIA

Schedule Drugs
01 - MARIJUANA
Other Drugs
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
Printed At SAC COUNTY SHERIFF'S OFFICE
11/29/2015
Signature of Verifying Party
Peace Officer
11/29/2015
3:23 PM
Page 2
of 2
Notary
| Prosecuting Attorney
15-13341
E-FILED 2015 NOV 30 1:30 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012983
vs.
MANUEL MAGANA ,
Defendant.
ORDER ON INITIAL APPEARANCE
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
State of Iowa Courts

Case Number
OWCR012983
Type:
Case Title
STATE VS MANUAL MAGANA
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-11-30 13:29:35
4 of 4
oisrsicrco^,
| 0
20/5 NOV 30 PM 2:52

Sac
m THE IOWA DISTRICT COURT FOR
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: \
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Birth Date:
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Street Address: ~==;

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Pending charges:
Do you have a job? 9 No Job
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res, Full Time Yes, Part Time (List HoursAveek*-
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No
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Who do you work for? _

How much money do you currently make before taxes or deductions? ifiiJ^eC*' per hour month
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?
If a spouse lives with you, how much money does your spouse make?
year
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per hour month year
Listall other money

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ney>you, or anyone else living in your household, has coming
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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 ,
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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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E-FILED 2015 DEC 01 6:26 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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.
Attorney James A. Schall (712) 662-4715, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
OWCR012983
Type:
Case Title
STATE VS MANUEL MAGANA
ORDER APPOINTING
So Ordered
2 of 2
E-FILED 2015 DEC 03 9:46 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
MANUEL MAGANA,
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.
Clerk to provide copies to:

County Attorney
Defense Counsel/Defendant
Matt Speers, Assistant Boone County Attorney,
1 of 2

Case Number
OWCR012983
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
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.

Type:
Approval of Trial Information
Case Number
OWCR012983
Case Title
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
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
Case No: 02811 OWCR012983

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
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.
Clerk to provide notice or copies to:

County Attorney
Defendant/Defense Attorney

Type:
ORDER FOR ARRAIGNMENT
Case Number
OWCR012983
Case Title
So Ordered
page 2 of 2
E-FILED 2016 JAN 08 3:37 PM SAC - CLERK OF DISTRICT COURT

02811 OWCR012983
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

MANUEL MAGANA ,
Defendant.
The Court finds that the arraignment should be rescheduled.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/20/2016
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 2016 JAN 08 3:37 PM SAC - CLERK OF DISTRICT COURT

Case Number
OWCR012983
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2016 JAN 20 9:52 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
OWCR012983 (Count II)

Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

DEFERRED JUDGMENT ORDER
MANUEL MAGANA,
Defendant.
DATE:
January 20, 2016
CHARGE:
Count II: 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 $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-
appointed attorney fees.

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 in full on or before the 30th day following the filing of this
Order. If the financial obligations are not paid in full within 30 days of
filing of this Order, it may be considered a violation of this Order and the
terms of Defendants probation. In addition, pursuant to Iowa Code
Section 602.8107, a failure to pay in full within 30 days may result in this
case being assigned to the Centralized Collection Unit of the Iowa
Department of Revenue or its designee to collect the debts owed to the
Clerk of Court. In the event this matter is assigned for collection,
additional fees may be imposed pursuant to law;
3.
conditions:
Defendant is placed on probation under the following terms and
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 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;
(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
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;
(8)
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; and
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.
Clerk Shall Furnish Copies To:

Special Prosecutor
Defense Counsel
Probation Supervisor

Type:
OTHER ORDER
Case Number
OWCR012983
Case Title
So Ordered
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IN T H E IOWA DISTRICT C O U R T IN A N D F O R

This Complaint and Affidavit is to be

Filed with Court Clerk (cc: CA)

Agency Case Number: 15-13341

Submitted to County Attorney

Filed with J C O - Defendant is a Juvenile

THE STATE OF IOWA

State fSJ Zip CodeJJi

402 ASH AVE

O P E R A T I N G WHILE UNDER T H E I N F L U E N C E 1ST O F F E N S E

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

TAKEN INTO CUSTODY

operate a motor vehicle by one or more of the following means:

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

01 - POSSESSED DRUGS/PARAPHERNALIA, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE

Other Physical Evidence

Operating Motor Vehicle in County

Attempted To Inflict Injury

09 - REFUSED TEST AFTER IMPLIED CONSENT ADVISORY

DCI Lab Screen Positive for Drugs

Field Sobriety Tests Refused

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be.

Filed with Court Clerk (cc: CA)

Agency Case Number. 15-13341

[ Submitted to County Attorney

| Filed with J C O - Defendant is a Juvenile

THE STATE OF IOWA

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

Marijuana, A Schedule I Controlled Substance

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

05 - OPERATING MOTOR VEHICLE

Attempted To Inflict Injury

Other Physical Evidence

Operating Motor Vehicle in County

3 - ODOR OF NARCOTICS, 4 - POSSESSED DRUG PARAPHERNALIA

Printed At SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2015 NOV 30 1:30 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2015 NOV 30 1:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 NOV 30 1:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 NOV 30 1:30 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-11-30 13:29:35

20/5 NOV 30 PM 2:52

m THE IOWA DISTRICT COURT FOR

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Street Address: ~==;

^ O V i ^ ' j - V I A U . ' W V i | I ;(./\

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per hour month year