SMCR - Odebolt Man Pleads Guilty To Public Intoxication 2nd Offense PDF

E-FILED 2014 JUL 02 2:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

AARON TAYLOR BIRD ,
Defendant.

Case No: 02811 SMCR012578

INITIAL APPEARANCE

Charges:
01 - 123.46(2) - PUBLIC INTOXICATION
02 - 716.6 - CRIMINAL MISCHIEF 5TH DEGREE
Defendant has a simple misedemeanor which carries up to 30 days in jail and a fine of not less than
$65 not greater than $625 plus 35% surcharge and court costs.

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
Years Prison
And/Or $a fine of not less than $315 nor greater than $1,875 plus 35% surcharge and
court costs

1 of 3
E-FILED 2014 JUL 02 4:29 PM 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:
Defendant appears to be quite unstable at this time having been disruptive in the actions for which he
is charged and also during his arrest and during his confinement. The court believes that at this time
protection of the public interest requires that he be held without bond at this time. He shall be entitled
to a bond review hearing on July 7, 2014.

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 07/14/2014 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
Sac County Sheriff
2 of 3
State of Iowa Courts
Case Number Case Title
SMCR012578 STATE VS AARON TAYLOR BIRD
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-07-02 16:29:34
3 of 3

STATE OF IOWA,
Plaintiff,

vs.

AARON TAYLOR BIRD ,
Defendant.


INITIAL APPEARANCE

Charges:
01 - 123.46(2) - PUBLIC INTOXICATION
02 - 716.6 - CRIMINAL MISCHIEF 5TH DEGREE
Defendant has a simple misedemeanor which carries up to 30 days in jail and a fine of not less than
$65 not greater than $625 plus 35% surcharge and court costs.

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
Years Prison
And/Or $a fine of not less than $315 nor greater than $1,875 plus 35% surcharge and
court costs

1 of 3
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:
Defendant appears to be quite unstable at this time having been disruptive in the actions for which he
is charged and also during his arrest and during his confinement. The court believes that at this time
protection of the public interest requires that he be held without bond at this time. He shall be entitled
to a bond review hearing on July 7, 2014.

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 07/14/2014 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
Sac County Sheriff
2 of 3
SMCR012578 STATE VS AARON TAYLOR BIRD
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
IN THE IOWA DISTRICT COURT FOR.
Sac
DISTRICT COURT OF IOWA
SAC COUNTY
FILED
20IUUL-7 AH 8=51*
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
/Won 6ud
Defendant/Respondent
^Criminal Civi]
NO. SmciRDizs^'
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: /WTO Q . ffi^ (
/ W i ^j>- Ii Birth Date:
Home Phone:
Street Address:
Cell Phone: i ^ i f j M l H^' E-mai\:.
Street/P.O. Box Apt # City State Zip
Pending charges: %f ^. " i- A * ' f l a & t l ^ ' V ^ l A j j i AV v . gSj -WlnJail? Q*Yes No
,,
c
. ....
..>-'
Do you have a job? CT 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?
per hour month year If a spouse lives with you, how much money does your spouse make?
List all other money you, or anyone else living in your household, has coming in: rf\ V ^b.f3t f%SZ,
. r, m } , _ _ i \ -. t t f ^
List what
else worth
you own mcluding money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
l more than $100: 4 1 g
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date
Signature
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.

AARON TAYLOR BIRD ,

DEFENDANT.

02811 SMCR012578

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Robert E. Peterson, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

712-792-4485

COPY PROVIDED TO DEFENDANT

1 of 2
SMCR012578 STATE VS AARON TAYLOR BIRD (SERIOUS MISD)
Type: ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

v.

AARON TAYLOR BIRD ,

Defendant.

02811 SMCR012578

ORDER

This matter comes before the court for bond review. The court has talked to the jail supervisor who
reports that the defendant has now cooperated and is no longer displaying a combative attitude.
Based on that the court believes that the defendant is now a suitable candidate for release on his own
promise to appear at all further court proceedings. It is so ORDERED.

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
v.
AARON TAYLOR BIRD,
Defendant.
CASE NO. SMCR012578
TRIAL INFORMATION
COUNT 1
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,
AARON TAYLOR BIRD (Defendant) of the crime of PUBLIC INTOXICATION
SECOND OFFENSE, a violation of Iowa Code sections 123.46(2) and 123.91(1),
committed as follows: On or about July 2, 2014, in Sac County, Iowa, Defendant was
intoxicated in a public place, and Defendant was convicted of public intoxication on
May 14, 2010, in Sac County Case No. SMCR011630.
A TRUE INFORMATION
____________________________
Benjamin John Smith - AT0008834
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Facsimile: 712-662-4123
Email: attorney@saccounty.org
WITNESS LIST
KRISTIN ERSKINE, Deputy, Sac County Sheriffs Office
MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI
DONNA GEERY, Sac County Clerk of Court
Type: Approval of Trial Information
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 2014-07-23 13:35:49 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

AARON TAYLOR BIRD ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 08/06/2014 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
Type: ORDER FOR ARRAIGNMENT
So Ordered
STATE OF IOWA,
Plaintiff,
v.
AARON TAYLOR BIRD,
Defendant.
Criminal No. SMCR012578
WRITTEN ARRAIGNMENT
AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath
states:
1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are
P.O. Box 1144, Carroll, IA 51401, 712-792-4485.
2. My current mailing and residence addresses and telephone number are: 501 S. Main St, PO
Box 5, Odebolt, IA 51458 712-371-3971
3. I am 25 years old. I can read and understand the English language and have completed the
following level of education: /0 .
4. I have been advised by the above named attorney and understand that I have a right to
arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this
written arraignment and plea of not guilty. I understand that times for further proceedings
which are computed from the date of arraignment will be computed from the date of filing this
written arraignment and plea of not guilty.
5. I have received a copy of the indictment/trial information which charges me with the crime(s) of
Public Intoxication Second Offense in violation of Iowa Code section(s) 123.46(2),

123.91(1) (2013). I have read it, and I have familiarized myself with its contents.
6. With regard to the name by which I am charged in the indictment/trial information (either check
"a" or check and complete "b"):
1
(1a. The name shown on the indictment/trial information is my true name. I have been
dvised and understand that I am now precluded from objecting to the indictment/trial
information upon the ground I am improperly named.
[ ] b. The name shown on the indictment/trial information is not my true name. My true name
is . I request that an entry be made in the minutes
showing my true name. I have been advised and understand further proceedings will be had
E-FILED 2014 AUG 04 5:30 PM SAC - CLERK OF DISTRICT COURT
against me bythat name, the indictment/trial information will be amended accordingly, and
when the indictment/trial information is so amended I will be precluded from objecting upon the
ground I am improperly named.
7. I have been advised and understand that I may plead guilty, not guilty, or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above
named attorney, and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge(s) of Public Intoxication Second Offense
10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90
days after indictment/filing of trial information and [check either "a" or "b"]:
[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).
b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).
11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be
available for trial on the following days:
Defendant
State of Iowa Carroll County, ss.
Subscribed, sworn to, and acknowledged before me by Aaron Bird this
LP
, 20

day of

[seal]
ROBERT E. PETERSON
Commission Number 75840
MY COMMISSION
EXP4
m

MAY 21,
A
Notary p c or other officer authorized to take and
certify acknowledgements and administer oaths.
E-FILED 2014 AUG 04 5:30 PM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.

AARON TAYLOR BIRD ,

Defendant.


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

The defendant having filed a written arraignment in this matter on August 4, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 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 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
E-FILED 2014 AUG 05 10:22 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
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA,
Plaintiff,
v.
AARON TAYLOR BIRD,
Defendant.
Case No. SMCR012578
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On September 17, 2014, the parties conducted a Pretrial Conference as ordered
or in anticipation of the same. The State of Iowa appeared by Sac County
Attorney Ben Smith. Defendant appeared by Attorney Bob Peterson. 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 PUBLIC INTOXICATION SECOND
OFFENSE (Count 1 of the Trial Information), pay all costs and the minimum
fine, and the State agrees to dismiss the companion citation ODSMCR012579
should be dismissed with costs to Defendant, and recommend that Defendant
NOT be placed on probation.
Defendant intends to submit a written guilty plea by October 1, 2014. Defendant
intends to waive presence at sentencing. Defendant intends to waive time
between plea and sentencing.
__________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
E-FILED 2014 SEP 17 1:26 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.

AARON TAYLOR BIRD ,

Defendant.

02811 SMCR012578

ORDER

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 10/01/2014 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
Type: OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
VS.
AARON TAYLOR BIRD,
DOB: 02/12/1989
Defendant.
*
* No. SMCR012578
* GUILTY PLEA
* (Serious Misdemeanor)
*
*
*
*
I, the undersigned Defendant, have carefully read and fully understand the following:
A. I am charged with PUBLIC INTOXICATIONSECOND OFFENSE, in violation of Iowa
Code Sections 123.46(2) and 123.91(1), a Serious Misdemeanor; I hereby request that my
plea of guilty to the charge be entered of record.
B. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one
year in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all court
costs and all costs and fees incurred for legal assistance. There is a minimum fine of $315.00,
plus a 35% surcharge in the amount of $110.25, which is immediately due on the date of
sentencing, unless a payment plan is approved by the Court within thirty days of the Judgment
date. In addition, if the charge is a violation of Code Chapters, 124, 155A, 453B, 713, 714,
715A, 716, or Code Sections 719.8, 725.1, 725.2 or 725.3, there is an additional Law
Enforcement Initiative surcharge of $125. I acknowledge that the Court may order me to
perform community service work if the Court is of the opinion that community service work
will deter and discourage others from similar criminal activity. (The rate at which community
service shall be calculated against my fine shall be the federal minimum wage.) In addition, I
may 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 the sentence imposed.
C. I understand that a criminal conviction, deferred judgment or deferred sentence may affect my
status under federal immigration laws.
D. If I plead not guilty, 1 would be entitled to the following rights. 1 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 if I choose not to testify, the State may not comment on the fact of my failure to
1
E-FILED 2014 SEP 29 10:40 AM SAC - CLERK OF DISTRICT COURT
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.
E. 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.
F. 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 Count I as charged. The County
Attorney will recommend a Jail sentence of time previously served, with credit for time served
of five (5) days, and that Defendant NOT be placed on probation. I will pay a fine in the
amount of $315.00, plus the 35% surcharge in the amount of $110.25, court costs and court
appointed attorney fees: to be paid by paying $50.00 per month on the 15 th day of the month
following the judgment entry and on the 15 th day of each month thereafter until paid in full.
Terms of the plea agreement include dismissal of the charge of Criminal Mischief 5 th Degree,
and dismissal of ODSMCR012579 with court costs assessed to Defendant.
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, 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 made to induce me to enter my plea of guilty. I have been informed that the elements of
the crime are: I was intoxicated in a public place and I had previously been convicted of
Public Intoxication. I understand the nature of the charge against me.
This offense was committed by me in Sac County low Ally my doing the following: On or
about the rd day of July 2014 I was intoxicated ar aland Main Street in Lake-View-
Iowa, which is a public place, and I was convicted of Public Intoxication in Sac County
Iowa, in Sac County Magistrate Court case #SMCR011630 on May 10, 2010.
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.
G. 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
2
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.
ack4.0,127(%ki
Defendant, Aaron Taylor Bird
efendant's Attorney, Robert E. Peterson
STATE OF IOWA
) SS
SACCOUNTY
On this2-1 day of .5 e-pf 2014 before me the undersigned, a Notary Public in and for said
State, personally appeared fr.4.,16% . 8; rot , to me known to be the identical person named in and
who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.
Notary Public in and for the State of Iowa
3

1


STATE OF IOWA,

Plaintiff,

v.

AARON TAYLOR BIRD,

Defendant.

SMCR01!"#

RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER

DATE: Se$te%&e' (, 01)

CHARGE: P*&li+ Int,-i+ati,n, Se+,nd Offen.e, a .e'i,*. %i.de%ean,', in vi,lati,n
,f I,/a C,de 0 11.)234 and 11.(1314

Defendant 5a. filed a /'itten 6*ilt7 $lea and a /aive' ,f Defendant8. 'i65t t, &e
$'e.ent f,' .enten+in6. Defendant a.9. t5at t5e $lea t, t5e a&,ve +5a'6e &e a++e$ted and
t5at .enten+e &e i%$,.ed $*'.*ant t, t5e $lea a''an6e%ent a6'eed *$,n &7 t5e $a'tie.
/it5,*t t5e f,'%alit7 ,f t5e 'e+,'d 'e:*i'ed &7 R*le. .# and .10 ,f t5e I,/a R*le. ,f
C'i%inal P',+ed*'e.
T5e C,*'t 5e'e&7 inf,'%. Defendant t5at Defendant8. $lea ,f 6*ilt7 t, t5e a&,ve;
'efe'en+ed +5a'6e i. a++e$ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i. ad<*di+ated 6*ilt7 ,f t5e a&,ve;de.+'i&ed +'i%e and $*'.*ant t,
I,/a C,de Se+ti,n (01.1.
. Defendant i. 5e'e&7 .enten+ed a. f,ll,/.=
a. Defendant .5all $a7 finan+ial ,&li6ati,n. a. f,ll,/.=
314 a fine in t5e .*% ,f >11!.00?
34 a 1!@ .*'+5a'6e ,f >110.!?
314 +,*'t;a$$,inted att,'ne7 fee. a. +e'tified &7 M'. Pete'.,n?
and
3)4 t5e +,*'t +,.t. ,f t5i. a+ti,n.

Defendant .5all $a7 t5e.e finan+ial ,&li6ati,n. t, t5e Cle'9 ,f C,*'t ,f
t5i. +,*nt7 ,' ,nline at ///.i,/a+,*'t..6,v. S*+5 finan+ial ,&li6ati,n.
%a7 &e $aid in %,nt5l7 in.tall%ent. ,f at lea.t >!0.00 $e' %,nt5
&e6innin6 ,n t5e 1!
t5
da7 ,f O+t,&e', 01), and +,ntin*in6 ,n t5e 1!
t5

da7 ,f ea+5 %,nt5 t5e'eafte' *ntil $aid in f*ll. If an7 in.tall%ent i.
%i..ed, in /5,le ,' in $a't, it %a7 &e +,n.ide'ed a vi,lati,n ,f t5i.
O'de'. In additi,n, if t5e in.tall%ent $a7%ent &e+,%e. delin:*ent &7 10
da7. ,' %,'e, t5en, $*'.*ant t, I,/a C,de Se+ti,n 20.#10", t5i. +a.e
.5all &e a..i6ned t, t5e Cent'aliAed C,lle+ti,n Bnit ,f t5e I,/a
De$a't%ent ,f Reven*e ,' it. de.i6nee t, +,lle+t t5e de&t. ,/ed t, t5e

2

Cle'9 ,f C,*'t. In t5e event t5i. %atte' i. a..i6ned f,' +,lle+ti,n,
additi,nal fee. %a7 &e i%$,.ed $*'.*ant t, la/? and

&. Defendant .5all .e've five 3!4 da7. in t5e +,*nt7 <ail, /it5 +'edit f,' ti%e
$'evi,*.l7 .e'ved. Mitti%*. .5all i..*e i%%ediatel7 and Defendant i.
di.+5a'6ed f',% f*'t5e' a$$ea'an+e 'e:*i'e%ent. /it5 'e.$e+t t, t5i.
five;da7 .enten+e.
In +,%$lian+e /it5 I,/a C,de Se+ti,n 1!2.", Defendant .5all $a7
fee. a. late' a..e..ed f,' t5e ',,% and &,a'd $',vided t, Defendant
/5ile in t5e +*.t,d7 ,f t5e S5e'iff a. a 'e.*lt ,f Defendant8. +'i%inal
+,nvi+ti,n in t5i. %atte'. T5e a+t*al a%,*nt a..e..ed /ill &e a. .et f,'t5
in t5e R,,% C B,a'd Rei%&*'.e%ent Clai% filed /it5 t5e Cle'9 &7 t5e
S5e'iff. T5e a%,*nt a..e..ed .5all 5ave t5e f,'+e and effe+t ,f a
<*d6%ent f,' $*'$,.e. ,f enf,'+e%ent. S5,*ld Defendant di.$*te t5e
a%,*nt a..e..ed, Defendant 5a. t5e 'i65t t, 'e:*e.t a 5ea'in6 ,n t5at
i..*e.

1. T5e C,*'t 6'ant. t5i. .enten+e &e+a*.e it $',vide. f,' Defendant8.
'e5a&ilitati,n and t5e $',te+ti,n ,f t5e +,%%*nit7. T5e C,*'t 5a. +,n.ide'ed t5e .enten+in6
'e+,%%endati,n ,f t5e $a'tie..
). Defendant 5a. a .tat*t,'7 'i65t t, a$$eal &7 filin6 /'itten n,ti+e ,f a$$eal /it5
t5e Cle'9 ,f C,*'t ,f t5i. +,*nt7 /it5in 10 da7. ,f t5e date ,f t5e.e $',+eedin6.. If
Defendant i. *na&le t, $a7 t5e +,.t. ,f a$$eal, Defendant %a7 a$$l7 t, t5e C,*'t f,'
a$$,int%ent ,f +,*n.el and t5e f*'ni.5in6 ,f a t'an.+'i$t ,f t5e eviden+e a. $',vided in I,/a
C,de Se+ti,n. #1).( and #1).11. Filin6 a n,ti+e ,f a$$eal /it5in t5e ti%e and in t5e %anne'
.$e+ified in I,/a R*le ,f A$$ellate P',+ed*'e 2.101 i. <*'i.di+ti,nal and fail*'e t, +,%$l7
/it5 t5e.e $',vi.i,n. .5all $'e+l*de Defendant8. 'i65t ,f a$$eal.
!. A$$eal B,nd i. .et in t5e .*% ,f >!,000.00, +a.5 ,' .*'et7.
2. An7 +a.5 &ail $,.ted &7 Defendant ,' ,n Defendant8. &e5alf &7 a t5i'd $a't7
t5at 5a. a+9n,/led6ed ,' a6'eed t5at t5e %,ne7 $,.ted +an &e a$$lied t,/a'd Defendant8.
finan+ial ,&li6ati,n. .5all &e a$$lied t,/a'd Defendant8. finan+ial ,&li6ati,n.. All +a.5 &ail
'e%ainin6, if an7, afte' $a7%ent ,f Defendant8. finan+ial ,&li6ati,n. and all +a.5 &ail $,.ted
&7 a t5i'd $a't7 t5at 5a. n,t a+9n,/led6ed ,' a6'eed t5at t5e %,ne7 $,.ted +an &e a$$lied
t,/a'd Defendant8. finan+ial ,&li6ati,n. i. 5e'e&7 e-,ne'ated and .5all &e 'et*'ned t, t5e
$e'.,n $,.tin6 t5e +a.5 &ail. All n,n;+a.5 &ail &,nd. $,.ted, if an7, a'e 5e'e&7 e-,ne'ated.
". IT IS FBRTDER ORDERED t5at Ca.e N,. ODSMCR01!"( i. di.%i..ed *$,n
%,ti,n ,f t5e +,*nt7 att,'ne7 and $*'.*ant t, $lea a6'ee%ent. C,.t. a'e ta-ed t, t5e
Defendant.

Clerk Shall Furnish Coies To:
C,*nt7 Att,'ne7
Defen.e C,*n.el
C,*nt7 S5e'iff
Type: OTHER ORDER
So Ordered
(Magistrate Division)
STATE OF IOWA,
Plaintiff,
Criminal Cause No. SMCR012578
vs. MOTION for ORDER TO DISMISS
Count II
AARON TAYLOR BIRD,
Defendant.
COMES NOW Plaintiff in the above entitled matter and pursuant to Iowa Rules of
Criminal Procedure moves to dismiss the charge of Criminal Mischief in the Fifth Degree a
Simple Misdemeanor, pursuant to Iowa Rule of Criminal Procedure 27(1) for the reasons that
Defendant plead guilty to the indictable charge of Count I, wherein court costs were assessed in
the Judgment entry on September 29, 2014, and the interests of justice can best be attained by
dismissal.
WHEREFORE, Plaintiff PRAYS for an Order dismissing the charge and terminating the
conditions of pretrial release.
Respectfully submitted,
Sac County Attorney, Benjamin John Smith
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Original filed, copy to:
Defendants Attorney, Robert E. Peterson
(Magistrate Division)
STATE OF IOWA,
Plaintiff,
No. SMCR!"#$%

&s.

ORDER DISMISS Count II

AARON TAYLOR BIRD,
Defen'ant.

T(e Plaintiff)s Motion to Dis*iss +o*es ,efore t(e Co-rt an' t(e Co-rt (aving e.a*ine'
t(e Motion an' t(e file, FINDS t(at t(e +(arge s(o-l' ,e 'is*isse' /-rs-ant to Io0a R-le of
Cri*inal Pro+e'-re "$(!), an' t(e Co-rt f-rt(er fin's t(at +o-rt +osts 0ere /revio-sl1 assesse' in
t(e 2-'g*ent entr1 for Co-nt I.

IT IS THEREFORE ORDERED t(at t(e a,ove entitle' +(arge ,e, an' t(e sa*e is
(ere,1 'is*isse' an' t(at t(e Defen'ant)s ,on' is e.onerate', an' all +on'itions of release. T(is
or'er 'oes not affe+t an1 ot(er ,on' or +on'ition of release or /ro,ation or'ere' -n'er ot(er
+o-nts, if an1, file' in t(is +ase.

Original file',
Co-nt1 Attorne1
Defen'ant)s Attorne1, Ro,ert E. Peterson

Type: ORDER DISMISSING AT APPLICATION
So Ordered
E-FILED 2014 OCT 01 2:47 PM SAC - CLERK OF DISTRICT COURT

SMCR - Odebolt Man Pleads Guilty To Public Intoxication 2nd Offense PDF

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E-FILED 2014 JUL 02 2:43 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUL 02 2:43 AM SAC - CLERK OF DISTRICT COURT

Public Intoxication Second Offense in violation of Iowa Code section(s) 123.46(2),

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