E-FILED 2014 DEC 13 5:06 PM SAC - CLERK OF DISTRICT COURT

DISTRICT COUrf i Or 10V.A

SAC COUNT t
FILED
IN T H E IOWA DISTRICT COURT FOR SAC COUNTY

201M DEC 15 AH 8: 05

M A G I S T R A T E DIVISION
STATE OF IOWA,
MAGISTRATE NO

Plaintiff

INITIAL A P P E A R A N C E
OWI
Defendant

O n this ' *^
day of
the Defendant herein appears before the
undersigned Magistrate in and for Sac County, having been charged with the crime of Operating W h i l e
Intoxicated of u J & * offense, being a violation of Section "TvUsJ . 3- of the Code of Iowa.
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 of Section

,
Felony - Class
*x
Aggravated Misdemeanor
Serious Misdemeanor
3. That the
a)
b)
c)
d)

, which is classified as:

maximum punishment for a plea of guilty or conviction of the above charge is:
One Vcai C u u i i i y J a i l - M i n i m u m "7 days
.
3s
Years Prison
""
.
A n d / O r a fine of not less than $ | a l $ or more than $
.
_ You will lose your license for a minimum of 3 / ^ 5 a y s and cannot obtain
.
a work permit for 3<*-S days.

+3si si

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:
(a)
fN
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 pf a C I J S S D felony/serious misdemeanor; or
(b) *}L
(If appropriate) Upon consideration of the factors in Section 811.2,,tht Coui 1 is ItTjt
ronrnnnhly

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the

Court imposes the following conditions on your release:

(1) Y o u must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
(3) You must obey the laws of the State of Iowa and the United States.
| (4) You are ordered to complete a substance abuse evaluation immediately at New
\
Opportunities (Sac City - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 7325136) 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. Y O U A R E NOTIFIED T H A T THIS IS M A N D A T O R Y , AND YOUR F A I L U R E
TO C O M P L Y W I L L R E S U L T IN ISSUANCE OF A N ARREST WARRANT AND
R E V O C A T I O N OF YOUR P R E T R I A L R E L E A S E .

Lb

6. Defendant is entitled to a 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:
SL,

Set'for the 5 " ^

day of _
Magistrate Courtroom, Courthouse, Sac Cj?y, Sac County, Iowa.

A . M . in the

U l f 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 H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO T H E SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 D A Y S
F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED T H E M S E L V E S WITHIN 10
DAYS F R O M THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED A T HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (641) 421-0990. (If you are heating impaired, call Relay Iowa
T T Y at 1-800-735-2942.)

rren L. Bush/Joseph J. Heidehrerehr-^udicial Magistrate

Copies to:
County Attorney
Defendant
Sac County Sheriff

E-FILED 2015 JAN 02 2:55 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012719
Plaintiff,
vs.
TRIAL INFORMATION
NICHALOS LYN GALBRAITH,
DOB: 04/08/1987
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, Nichalos Lyn
Galbraith of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an
Aggravated Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Nichalos Lyn Galbraith, on or about December 12, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or
more of the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. While any amount of a controlled substance is present in the person as measured in the
person's blood or urine;
and Defendant having been convicted of / or received a deferred judgment for the crime once
before; the said Defendant, Nichalos Lyn Galbraith having received a deferred judgment for the
crime of Operating While Intoxicated in Sac County Iowa, in Sac County District Court, case
#OWCR011081 on or about the 14th day of April 2008.
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 2015 JAN 02 2:55 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. NICHALOS LYN GALBRAITH

Criminal No. OWCR012719
COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:
ALEX LADWIG, OFFICER, LAKE VIEW IOWA POLICE DEPARTMENT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
DONNA GEERY, CLERK OF DISTIRCT COURT, SAC COUNTY IOWA DISTRICT
COURT

E-FILED 2015 JAN 02 2:55 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012719

Case Title
STATE VS NICHALOS LYN GALBRAITH

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 2015-01-02 14:55:58

page 3 of 3

E-FILED 2015 JAN 02 2:55 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012719

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

NICHALOS LYN GALBRAITH ,

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 01/21/2015 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 2015 JAN 02 2:55 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012719

Case Title
STATE VS NICHALOS LYN GALBRAITH
So Ordered

Electronically signed on 2015-01-02 14:55:59

page 2 of 2

E-FILED 2015 JAN 07 2:08 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 07 2:08 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

2015 JAN 21 AM 9: 51

STATE OF IOWA,

NO. Q\OCcM?Oiq

PLAINTIFF

APPLICATION TO WAIVE

vs.

ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1.

I know I have a right to be represented by an attorney in this case

and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2.
I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3.
I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4.
Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.

Dated this

Defendant

>5

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
*
No. OWCR012719
Plaintiff,
vs.
NICHALOS LYN GALBRAITH,
Defendant.

*
*
*
*

WRITTEN ARRAIGNMENT
PLEA OF NOT GUILTY
ProSe

COMES NOW the Defendant in the above-captioned criminal case and under oath states:
1. I have been informed of my right to be represented by an Attorney, and decline to be
represented by an attorney and I wish to proceed ProSe.
2. My current mailing and residence addresses and telephone number are:
Address:

*16, Kw^4
c<

CV'W, 1 A

W V
SOTS?

Telephone: 7'>- U(eQ-2S6>

3.1 can read and understand English language and have completed the following level of
education: < 2 C ^ c ^
.
fM

4. I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the 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 Trial Information which charges me with the crime of
OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated
Misdemeanor in violation oflowa Code Section 321J. I have read it and I have familiarized
myself with it contents.
6. With regard to the name by which I am charged in the Trial Information (either check "a"
or check and complete "b"):
(<fi a. The name on the Trial Information is my true name. I have been advised and
understand that I am now precluded from objecting to the Trial Information upon the
grounds that I am improperly named.
( ) b. The name shown on the 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 against me by that true name, the Trial Information will be

amended accordingly, and when the Trial Information is so amended, I will be

precluded from objecting upon the grounds I am improperly named.
7. I have 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 contemplate my case,
and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa
Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the
Trial Information and (check either "a" or "b"):
(vfa. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).
11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal
Procedure. I will be available for trial on the following days:
.

/\UJ^ ^JcJ/l^

Defendant, Nichalos Lyn Galbraith

STATE OF IOWA

) SS
SAC COUNTY

On this
day of
^ (MM/P
2015 before my the undersigned, a Notary
Public 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 he executed the same of his voluntary act and deed.
Notary Public in and for the State of Iowa
Original e-filed
Copy to:
Sac County Attorney
Defendant

SHELLEY BASS
Cleric of District Court - Designee
Sao County

E-FILED 2015 JAN 21 10:21 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
NICHALOS LYN GALBRAITH ,

Case No: 02811 OWCR012719

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

Defendant.
The defendant having filed a written arraignment in this matter on January 21, 2015.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 02/18/2015 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 03/03/2015 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 2015 JAN 21 10:21 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 2015 JAN 21 10:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012719
Type:

Case Title
STATE VS NICHALOS LYN GALBRAITH
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-01-21 10:20:46

3 of 3

>

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
No. OWCR012719
Plaintiff,

vs.

GUILTY PLEA AGGRAVATED MISDEMEANORCount I- OWI 2 Offense

nd

NICHALOS LYN GALBRAITH,

DOB: 04/08/1987,
Defendant.

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33

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o

vO

COUNT I
COMES NOW the Defendant in the above action and states that I have been charged
with OPERATING A MOTOR V E H I C L E WHILE INTOXICATED - 2 OFFENSE, an
Aggravated Misdemeanor, in violation of Iowa Code Section 321 J.2, and I hereby request that
my plea of guilty to the charge be entered of record.
N D

In support of my guilty plea, I state that I fully understand and have been advised by my
attorney of the following rights:
That I have the right to proceed with a plea of not guilty and compel the State of Iowa to prove
my guilt to the unanimous satisfaction of a twelve-person jury in a speedy and public trial;
That I have the right to remain silent and could not be forced to testify or incriminate myself in
any manner; and that if I exercised my right to remain silent; this could not be used against me
and the State would be prohibited from commenting on my silence;
That I have the right to be represented by an attorney throughout the entire trial, and if I am
unable to afford an attorney, the Court would appoint one to represent me at public expense;
That I have the right to cross-examine all witnesses against me and to present evidence, if any,
on my own behalf;
That I am presumed innocent until the State proves, if ever, that I am guilty beyond a reasonable
doubt; and
That I have the right to subpoena witnesses to appear and testify on my behalf.
I have also been advised that the above-stated offense is an Aggravated Misdemeanor which
carries a maximum penalty of imprisonment not to exceed two (2) years or a $6,250 fine with
surcharges of 35% and $10.00 DARE thereon or both; I understand there is a seven (7) day
minimum jail sentence; I further understand that the minimum fine is $1,875 plus surcharges of
35% and $10.00; and that I may be required to make restitution of pecuniary damages to any
victim of this crime and of court-appointed attorney fees, if any, and pay the court costs. I may

be required to attend substance abuse treatment or education classes. In addition, I may be

required to pay correctional fees for incarceration and enrollment fees for supervised probation.
I have been informed that there may be effects to my license including suspension, revocations
and barments because of this plea. I have likewise been informed that other sentencing options
may be available to the Court, including but not limited to the deferral of Judgment and
Sentence, the grant of probation and the suspension of sentence imposed.
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: that I operated a motor vehicle (1) while under the influence of an alcoholic
beverage or other drug or a combination of such substances; or (2) while having an alcohol
concentration of .08 or more; or (3) while any amount of a controlled substance is present
in my person as measured in my blood or urine. And that I have a prior conviction of the
crime, Operating While Intoxicated. I understand the nature of the charge against me.
This offense was committed by me in Sac County Iowa by my doing the following: I did on
or about December 12, 2014 unlawfully operate a motor vehicle while under the
influence of alcohol and was intoxicated at the time when I was driving and did have a
blood alcohol concentration of .190 (BAC), and I received a Deferred Judgment for
Operating While Intoxicated in Sac County Iowa, in Sac County District Court, case #
OWCR011081 on the 14 day of April 2008.
th

There is a factual basis for my plea of guilty and there is no reason why I should not plead guilty.
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
agreement disclosed to the Court at the time this Guilty Plea is offered for approval in Court.
I have been advised of my rights as set forth in Count I of this plea.
The plea agreement is: The recommended sentence is 364 days in the Sac County Jail,
which will all be suspended except the mandatory minimum seven (7)) dav jail sentence.
Defendant shall serve seven (7) days in the Sac County Jail, with credit for time served. The
Jail Sentence may be served in 48 hour increments and Defendant is eligible for the Sac
County Jail Work Release Program. Defendant may substitute a 48-hour Weekend Alcohol
Program for 48 hours jail time. If I choose not to attend the 48 hour Weekend Alcohol
Program, then I will have to complete the 12 hour Drinking-Driving Course. I will be placed
on Probation to the Sac County Probation Officer for a period of one year from the Judgment
entry date. I will pay a fine of $1,875.00. plus a 35% surcharge in the amount of $656.25, a
$10.00 DARE surcharge, and court costs: to be paid as approved in the Sac County Standard
Probation Agreement. I will follow and complete the recommendations of the Substance
Abuse Evaluation, which I obtained on December 22, 2014 from New Opportunities. I
understand that if my license to drive has not already been revoked, for this offense, the Iowa
Department of Transportation will revoke my driver's license pursuant to Iowa Code Chapter
32IJ for the statutory period.

In admitting guilt, I understand that any plea-bargain agreements with the prosecutor are not
binding on the Court.
I have been advised that I have the right to have a future date set for pronouncing
judgment and sentence, which cannot be less than fifteen (15) days after the guilty plea is
entered, unless I consent to a shorter time. I understand that any challenge to the guilty plea or
alleged defects in the plea proceedings must be raised by a Motion in Arrest of Judgment filed no
later than forty-five (45) days after the date my pleas is accepted but not less than five (5) days
before the date set for pronouncing judgment, and that failure to raise such challenge shall
preclude the right to assert them in this Court or on appeal to another Court. I understand that by
proceeding directly to sentencing I waive any right I may have to file a Motion in Arrest Of
Judgment. This means I will be forever precluded from challenging the guilty plea or any
defects in the plea proceedings.
Based on the foregoing, I hereby waive all my legal and trial rights. I request that my
guilty plea be accepted and entered on record.
I request sentencing and judgment be pronounced now.

Defendant, Nichalos Lyn Galbraith

STATE OF IOWA
SAC COUNTY

)
) SS
)

On this ^/^"day of jLt/KjfaApL

, 2015 before my the undersigned, a Notary Public in and for
said State, personally
appeared
lally appeared
CT
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

NORMA D HECHT
Commission Number 740827
MY COMMISSION EXPIRES
'CUV

m a y i f. j o < J *

E-FILED 2015 JAN 21 3:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012719
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

NICHALOS LYN GALBRAITH,

Defendant.

CHARGE:

Operating While Intoxicated, Second Offense, an aggravated

misdemeanor, in violation of Iowa Code 321J.2

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, Second Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,875.00;
(2)
a 35% surcharge of $656.25;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and

E-FILED 2015 JAN 21 3:02 PM SAC - CLERK OF DISTRICT COURT

(5)

the court costs of this action.

Defendant shall pay these financial obligations to the Clerk of Court
of this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.

b.

Defendant shall serve 364 days in the county jail, with all but seven
(7) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by April 21, 2015. The
7-day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule. Defendant may serve
this sentence via the work release program facilitated by the Sac
County Sheriff, if the Sheriff deems that he is qualifiedDefendant
may serve this sentence via the work release program facilitated by
the Sac County Sheriff, if the Sheriff deems that he is qualified for
that program. Defendant may complete 48 hours of this sentence
via the 48-hour Weekend Alcohol Program. If Defendant does not
serve the jail sentence by that date, in addition to Defendant being
subject to contempt of court or probation revocation proceedings,
upon written request from the Sheriff, the Clerk of Court shall issue
a warrant for mittimus of the unsuspended portion of the sentence
and such warrant shall issue without further court order. In that
event, Defendants sentence shall be served continuously and not
in 48-hour installments.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being

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

E-FILED 2015 JAN 21 3:02 PM SAC - CLERK OF DISTRICT COURT

Supervisor deems appropriate. In addition to any terms the

Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation

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

(2)

Defendant shall obey all laws;

(3)

Defendant is prohibited from consuming or possessing

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

(4)

Defendant shall comply with all terms of this Order,

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

d.

Defendant has obtained a substance abuse evaluation. Defendant

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

e.

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

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

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

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appointment of counsel and the furnishing of a transcript of the evidence as provided in

Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $5,000.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.

Clerk Shall Furnish Copies To:

County Attorney
Defendant
County Sheriff
Iowa Department of Transportation

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State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012719

Case Title
STATE VS NICHALOS LYN GALBRAITH
So Ordered

Electronically signed on 2015-01-21 15:02:18

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