Judgment - Driving While License Suspended, Denied, Revoked

40kB Size 3 Downloads 37 Views

The Defendant is guilty of the crime of Driving While License Was Suspended, Denied, Revoked or Barred, in violation of Section 321J.21, Iowa Code, and the ...
IN THE IOWA DISTRICT COURT IN AND FOR BUENA VISTA COUNTY | | | |STATE OF IOWA, |No. | |Plaintiff, | | | | | |v. |JUDGMENT ENTRY | | |Driving While License Suspended, | | |Denied, Revoked or Barred under | |Defendant. |Iowa Code § 321J.21, First Offense | | | |

This matter comes before the court with the State appearing by Assistant Buena Vista County Attorney and the Defendant appearing by ____________________ by written plea of guilty, waiving the right to appear in open court for plea [and sentencing].

______ [check if applicable] The Court specifically finds Defendant’s waiver of counsel both now and at the plea taking to be knowing, voluntary and intelligently entered.

The Court waives the defendant’s appearance in open court, finds a factual basis for the guilty plea, finds the plea to be knowingly and voluntarily entered, and accepts the plea. The Defendant requests sentencing this date, waives any right to further time before sentencing and waives the right to file a motion in arrest of judgment.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

The Defendant is guilty of the crime of Driving While License Was Suspended, Denied, Revoked or Barred, in violation of Section 321J.21, Iowa Code, and the Defendant is sentenced under the foregoing section and Section 903.1, Iowa Code to:

_____ Imprisonment in the Buena Vista County jail or such other jail as is approved by the Buena Vista County Sheriff for a term of ________ hours / days with credit for ________ hours / days previously served. Defendant shall serve _______ days with the remaining _________ days suspended. Any credit for time served before judgment shall be applied against that part of the sentence the defendant must serve. Defendant shall personally contact the Sheriff within seven (7) days to arrange for a specific date and time for serving the jail sentence. The serving of the sentence shall be completed by________________. Provided that the defendant timely arranges and begins serving the jail sentence, the jail sentence, if in excess of 48 hours, may be arranged to accommodate the defendant’s work schedule pursuant to Section 356.26, Iowa Code. If the defendant does not timely arrange or timely begin serving the jail sentence, work release or in-home confinement agreements that otherwise may be authorized by this judgment will not be permitted.

_____ The defendant is placed on probation and committed to the care, custody, and supervision of the Third Judicial District Department of Correctional Services Buena Vista County Sheriff’s Office for a term of _______ year(s) from this date. The defendant shall contact the probation supervisor within seven (7) days of this date to enter a probation agreement.

A. Pay a fine of $1,000.00, and the statutory 35% surcharge of $350.00, and the DARE surcharge of $10. B. Pay a probation supervision fee of ($200 to Buena Vista County Sheriff / $300 to Department of Corrections). C. Pursuant to Iowa Code Section 815.9(5), if the defendant is receiving court appointed legal assistance, the court finds upon inquiry, review of the case file and any other information provided by the parties, the defendant has the reasonable ability to pay restitution of fees and costs in the amount approved by the State Public Defender, and therefore the defendant is ordered to pay restitution, through the Clerk of this Court, for Court-appointed attorney fees as approved by the Court. D. Pursuant to Iowa Code Section 815.13, the defendant shall pay the costs of prosecution. D. Pay to the Sheriff of Buena Vista County, Iowa for the amount of the Sheriff’s Room and Board Reimbursement Claim, if any, that is hereafter filed, provided that the amount of restitution for such claim shall not exceed $55.00 for each day incarcerated and the amount of the Sheriff’s medical aid Reimbursement Claim, if any, that is hereafter filed. E. Defendant shall pay all court costs in this case and in any other cases dismissed as part of the plea agreement entered by the parties as calculated by the clerk and assessed in accordance with Iowa law.

In determining the sentence imposed in this matter, the Court has considered:

a. The nature and circumstances of the crime b. Protection of the public from further offenses c. Defendant’s criminal history d. Defendant’s substance abuse history e. Defendant’s propensity for further criminal acts f. Statutory sentence requirements g. Defendant’s statement h. Defendant’s mental health history i. Defendant’s family circumstances j. Maximum opportunity for rehabilitation k. Victim impact statement l. Defendant’s age and character m. Defendant’s employment n. The plea agreement o.

The Defendant is advised of the right to appeal to the Supreme Court of Iowa and Defendant’s appeal bond is fixed at $2,000.00. The Defendant’s appearance or bail bond is released.



NOTICE: If you need assistance to participate in court due to a disability call the disability coordinator at 712-279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.

Comments