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SAC COUNTY
15-2367 Agency Case Number:
03/09/2015 Arrest Date:
THE STATE OF IOWA
VS.
IN THE IOWA DISTRICT COURT IN AND FOR
This Complaint and Affidavit is to be:
Filed with Court Clerk (cc: CA)
Submitted to County Attorney
Filed with JCO - Defendant is a Juvenile
BAUMHOVER
Last
ERIC
First
MICHAEL
Middle Suffix
3497 VOSS AVE
Address
LAKE VIEW
City
IA
State
51450-0000
Zip Code
2/2/1989
Date of Birth
MALE
Gender
HITE - W
Race
NOT OF HISPANIC ORIGIN - N
Ethnicity
IA
State
5' 11"
Height Weight
BLUE - BLU
Eye Color
BROWN - BRO
Hair Color
OFFENDER
State Local
321J.2(2)(A)
Code Section
OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
Crime Description
SRMS
Class
13 - HIGHWAY/ROAD/ALLEYLocation Type
ADSLEY AVE AND 335TH ST
Literal Description
0000
Address
LAKE VIEW
City
IA
State
52450
Zip Code
YES
Is Date and Time of Incident Known?
03/09/2015
Incident Date or Low Range Upper Date Range
23:00
Incident Time or Low Range Upper T ime Range
OFFENSE
TAKEN INTO CUSTODY
1 - JAILED
CUSTODY
(Citation Issued)
SUMMONS TO APPEAR
WARRANT REQUESTED
REQUESTED
NO CONTACT ORDER RELEASED TO
PARENT/GUARDIAN
STATUS OF OFFENDER/JUVENILE
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 ofsuch substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while anyamount of a controlled substance is present in the person as measured in the person's blood or urine
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
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 ofsuch substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while anyamount of a controlled substance is present in the person as measured in the person's blood or urine
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
Last First Middle Suffix
STATE OF IOWA
Business/Organization/State/County/Municipality Name
Address City State Zip
VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)
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 mybelief that the defendant committed this crime
STATE OF IOWA,
AFFIDAVIT
State all facts and persons relied upon supporting elements of alleged crime
On March 9, 2015 at approximately 11:00 PM, the defendant was operating a black 2007 Chevrolet 2500 at 335th and Xavier Ave. The defendant wasasleep at the wheel with his foot on the brake in the middle of the intersection. Officer tapped on the window and theOn March 9, 2015 at approximately 11:00 PM, the defendant was operating a black 2007 Chevrolet 2500 at 335th and Xavier Ave. The defendant wasasleep at the wheel with his foot on the brake in the middle of the intersection. Officer tapped on the window and the
of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-23671 23/10/2015 8:02 AM
E-FILED 2015 MAR 10 8:01 AM SAC - CLERK OF DISTRICT COURT
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defendant awoke and pulled his foot off the brake and drove into the south ditch at the "T" intersection. Defendant exited the vehicle and had poorbalance. Defendant smelled strongly of consumed alcoholic beverage and his eyes were watery and bloodshot. Defendant consented to StandardizedField Sobriety Tests. The defendant's eyes displayed a lack of smooth pursuit, a sustained and distinct nystagmus at 45 degrees and prior to 45degrees in both eyes. Defendant performed poorly on the psychophysical tests. The defendant consented to a PBT test and the results were well inexcess of the legal limit. The defendant was read the Implied Consent form and consented to a breath specimen by checking the consent box andsigning the form. Defendant Datamaster test results were .268 bac.
defendant awoke and pulled his foot off the brake and drove into the south ditch at the "T" intersection. Defendant exited the vehicle and had poorbalance. Defendant smelled strongly of consumed alcoholic beverage and his eyes were watery and bloodshot. Defendant consented to StandardizedField Sobriety Tests. The defendant's eyes displayed a lack of smooth pursuit, a sustained and distinct nystagmus at 45 degrees and prior to 45degrees in both eyes. Defendant performed poorly on the psychophysical tests. The defendant consented to a PBT test and the results were well inexcess of the legal limit. The defendant was read the Implied Consent form and consented to a breath specimen by checking the consent box andsigning the form. Defendant Datamaster test results were .268 bac.
HATTERMAN, JOHN 81-6
Signature of Complainant or Officer, Officer Name & Number
02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS
Defendant Implicated
Sac - 81
Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
GENERAL PROBABLE CAUSE
02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 08 - BLOODSHOT/WATERY EYES, 10 - FAILED WALK AND TURN TEST, 11 -IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH, 14 - FAILED ONE-LEG STAND
OWI
.268%
BAC on Datamaster DCI Lab Screen Positive for Drugs
Field Sobriety Tests Refused
1 - FIRST OFFENSE
Number of Offense
OWI
SAC COUNTY
03/10/2015
JENNIFER SCHRAMMNotary Name Signature of Verifying Party
786083Commission Number
09/11/2017My Commission Expires Prosecuting AttorneyPeace Officer Notary
STATE OF IOWA,
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-23672 23/10/2015 8:02 AM 2 23/10/2015 8:02 AM
E-FILED 2015 MAR 10 8:01 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,
vs.
ERIC M BAUMHOVER , Defendant.
Case No: 02811 OWCR012787
ORDER ON INITIAL APPEARANCE
Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSEUpon 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$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 andfirst offense operating while intoxicated which carries a minimum fine of $1250. In these cases adefendant can be sentenced to up to one year in the county jail except for possession of marijuanawhich carries a maximum sentence of six months in jail. In the cases of confiction for possessionof 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. Convictionof this offense will result in loss of your operators license for a period of 180 and you cannot qualifyfor a work permit for 0 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 proofbeyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if youqualify. You must fill out an application if you want court appointed counsel.
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E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT
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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, 712-732-5136or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Courtat 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILLRESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIALRELEASE. TERMS OF RELEASE:
You will be released from custody prior to trial on your own promise to appear at all further courtproceedings. If you willfully fail to appear before the court as required, you shall be guilty of a DFelony/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 reasonable assuredthat you will appear at all court proceedings in the future and therefore the court imposes the followingconditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST.
PRELIMINARY HEARING Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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:
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E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT
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Preliminary Hearing is scheduled on 03/30/2015 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 at712-662-4791 before attending this hearing to determine whether or not it will be held. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE 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
DefendantSac County SheriffThe Court has provided a copy to the Defendant
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E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-03-10 12:39:29
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, : CRIMINAL NO.: OWCR012787
Plaintiff, :
v. :
APPEARANCE; PLEA;
ERIC BAUMHOVER, : WAIVER OF PRELIMINARY
HEARING; AND REQUEST
Defendant. : TO CONSOLIDATE
COMES NOW attorney, Scott A. Michels, and hereby enters his
Appearance for the Defendant in the above captioned case. The Defendant pleads
NOT GUILTY and waives Preliminary Hearing. Defendant further requests that
any companion citations and/or misdemeanors be consolidated and that an
arraignment date be set.
Respectfully Submitted,
GOURLEY, REHKEMPER &
LINDHOLM, P.L.C.
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
[email protected] ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICEThe undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneysof record herein at their respective addresses disclosed on the
pleadings on March 19, 2015 .
By: □ U.S. Mail □ FAX□ Hand Delivered □ Overnight Courier□ Certified Mail X Other
E-Filed by: Leilani Belisario
E-FILED 2015 MAR 19 9:25 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]:[email protected]
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, : CRIMINAL NO.: OWCR012787
Plaintiff, :
v. :
APPEARANCE; PLEA;
ERIC BAUMHOVER, : WAIVER OF PRELIMINARY
HEARING; AND REQUEST
Defendant. : TO CONSOLIDATE
COMES NOW attorney, Scott A. Michels, and hereby enters his
Appearance for the Defendant in the above captioned case. The Defendant pleads
NOT GUILTY and waives Preliminary Hearing. Defendant further requests that
any companion citations and/or misdemeanors be consolidated and that an
arraignment date be set.
Respectfully Submitted,
GOURLEY, REHKEMPER &
LINDHOLM, P.L.C.
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
[email protected] ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICEThe undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneysof record herein at their respective addresses disclosed on the
pleadings on March 19, 2015 .
By: □ U.S. Mail □ FAX□ Hand Delivered □ Overnight Courier□ Certified Mail X Other
E-Filed by: Leilani Belisario
E-FILED 2015 MAR 19 9:25 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]:[email protected]
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
ERIC M BAUMHOVER ,
Defendant.
Case No: 02811 OWCR012787
ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 isscheduled on 04/29/2015 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 suchhearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause 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 AttorneyDefendant/Defense Attorney
E-FILED 2015 APR 16 9:12 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
OWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC M
So Ordered
Electronically signed on 2015-04-16 09:13:28 page 2 of 2
E-FILED 2015 APR 16 9:12 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012787
Plaintiff,
vs. TRIAL INFORMATION
ERIC MICHAEL BAUMHOVER,DOB: 02/02/1989, 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, Eric Michael
Baumhover of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Eric Michael Baumhover, on or about March 9, 2015 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.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
E-FILED 2015 APR 16 9:13 AM SAC - CLERK OF DISTRICT COURT
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THE STATE OF IOWA vs. ERIC MICHAEL BAUMHOVER
Criminal No. OWCR012787COUNT I: Operating While Intoxicated, First Offense
NAMES OF WITNESSES:
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
E-FILED 2015 APR 16 9:13 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC M
On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2015-04-16 09:13:27 page 3 of 3
E-FILED 2015 APR 16 9:13 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 APR 27 2:38 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 APR 27 2:38 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 APR 27 2:38 PM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs. ERIC M BAUMHOVER ,
Defendant.
Case No: 02811 OWCR012787
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on April 27, 2015. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 06/03/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior 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 06/09/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe 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.
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E-FILED 2015 APR 27 4:07 PM SAC - CLERK OF DISTRICT COURT
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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
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E-FILED 2015 APR 27 4:07 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2015-04-27 16:05:58
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E-FILED 2015 APR 27 4:07 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, : CRIMINAL NO.: OWCR012787
Plaintiff, :
v. :
NOTICE OF INTENT TO FILE
ERIC BAUMHOVER, : WRITTEN GUILTY PLEA
Defendant. :
COMES NOW Defendant, Eric Baumhover, through his attorney, Scott A.
Michels, and hereby notifies the Court that he intends to file a Written Guilty Plea.
Pretrial Conference is currently set for June 3, 2015 at 9:30 a.m. Defendant
requests that the Pretrial Conference be cancelled and that a Plea Hearing be set.
Defendant requests the Plea Hearing be set out at least two weeks.
Respectfully Submitted,
GOURLEY, REHKEMPER &
LINDHOLM, P.L.C.
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
[email protected] ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICEThe undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneysof record herein at their respective addresses disclosed on the
pleadings on June 1, 2015.
By: □ U.S. Mail □ FAX□ Hand Delivered □ Overnight Courier□ Certified Mail X Other
E-Filed by: Leilani Belisario
E-FILED 2015 JUN 01 8:41 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]:[email protected]
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
ERIC M BAUMHOVER ,
Defendant.
02811 OWCR012787
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 06/17/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
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E-FILED 2015 JUN 02 9:36 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: OTHER ORDER
So Ordered
Electronically signed on 2015-06-02 09:33:40
2 of 2
E-FILED 2015 JUN 02 9:36 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 03 2:47 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
ERIC M BAUMHOVER ,
Defendant.
02811 OWCR012787
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 07/01/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
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E-FILED 2015 JUN 03 3:53 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC MType: OTHER ORDER
So Ordered
Electronically signed on 2015-06-03 15:14:20
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E-FILED 2015 JUN 03 3:53 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 16 11:45 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 16 11:45 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 16 11:45 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 16 11:45 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 16 11:45 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 16 11:45 AM SAC - CLERK OF DISTRICT COURT
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1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
ERIC M. BAUMHOVER,
Defendant.
OWCR01!"!
RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER
CHARGE: O#e$atin% W&ile Int'(i)ated, Fi$*t Offen*e, a *e$i'+* i*deean'$,in vi'lati'n 'f I'-a C'de /1.
Defendant &a* filed a -$itten %+ilt #lea and a -aive$ 'f Defendant2* $i%&t t' 3e#$e*ent f'$ *enten)in%. Defendant a*4* t&at t&e #lea t' t&e a3've )&a$%e 3e a))e#tedand t&at *enten)e 3e i#'*ed #+$*+ant t' t&e #lea a$$an%eent a%$eed +#'n 3 t&e#a$tie* -it&'+t t&e f'$alit 'f t&e $e)'$d $e5+i$ed 3 R+le* ." and .10 'f t&e I'-aR+le* 'f C$iinal P$')ed+$e.
T&e C'+$t &e$e3 inf'$* Defendant t&at Defendant2* #lea 'f %+ilt t' t&ea3've6$efe$en)ed )&a$%e i* a))e#ted.
IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant i* ad7+di)ated %+ilt 'f t&e )$ie 'f O#e$atin% W&ile
Int'(i)ated, Fi$*t Offen*e, in vi'lati'n 'f I'-a C'de /1... Defendant i* &e$e3 *enten)ed a* f'll'-*8
a. Defendant *&all #a all 'f t&e f'll'-in% finan)ial '3li%ati'n*891: a fine in t&e *+ 'f ;1,
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2
H'-eve$, *in)e n' #e$*'nal '$ #$'#e$t in7+$ $e*+lted f$'Defendant2* a)ti'n*, ;
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3
P$'3ati'n S+#e$vi*'$ i#'*e*, t&e C'+$t *#e)ifi)all i#'*e* all 'ft&e f'll'-in% te$* 'f #$'3ati'n8
91: Defendant *&all a4e in6#e$*'n )'nta)t -it& t&e P$'3ati'nS+#e$vi*'$ -it&in *even 9!: da* 'f t&e filin% 'f t&i* O$de$ t'*i%n +# f'$ #$'3ati'n and *i%n an #$'3ati'n *+#e$vi*i'na%$eeent $e5+e*ted 3 t&e P$'3ati'n S+#e$vi*'$.Tee!"#$e %#$t&%t 's $#t su(('%'e$t=
9: Defendant *&all '3e all la-*=
9/: Defendant i* #$'&i3ited f$' )'n*+in% '$ #'**e**in%al)'&'l '$ an ille%al d$+% '$ an d$+% f'$ -&i)& Defendantd'e* n't &ave a valid #$e*)$i#ti'n. In additi'n, Defendant i*#$'&i3ited f$' 3ein% at an l')ati'n -&e$e al)'&'l '$ ille%ald$+%* a$e #$e*ent, $e%a$dle** 'f -&et&e$ Defendant i*
a)t+all in #'**e**i'n 'f '$ )'n*+in% *+)& al)'&'l '$ ille%ald$+%*. T&i* #$'&i3iti'n d'e* n't #$'&i3it Defendant f$'3ein% at a #+3li) l')ati'n 9e.%., $e*ta+$ant: -&e$e al)'&'l i**e$ved, *' l'n% a* t&e #$ia$ #+$#'*e 'f t&e e*ta3li*&enti* n't t&e *e$vin% 'f al)'&'l and Defendant i* n't )'n*+in%'$ in #'**e**i'n 'f al)'&'l at t&at l')ati'n= and
9?: Defendant *&all )'#l -it& all te$* 'f t&i* O$de$,in)l+din% #ain% all finan)ial '3li%ati'n* and )'#letin% all$e5+i$ed ta*4* in a tiel anne$=
d. Defendant &a* '3tained a *+3*tan)e a3+*e eval+ati'n. Defendant*&all f'll'- an $e)'endati'n* f'$ t$eatent '$ )'+n*elin%ade a* a $e*+lt 'f t&e eval+ati'n, all at Defendant* '-n e(#en*e=and
e. Defendant *&all en$'ll in and )'#lete t&e D$in4in% D$ive$* S)&''l*#'n*'$ed 3 t&e )'+nit )'lle%e **te. On '$ 3ef'$e t&e 0t& da f'll'-in% t&e filin% 'f t&i* O$de$, Defendant *&all file -$itten#$''f -it& t&e Cle$4 'f C'+$t t&at Defendant &a* )'#leted t&eD$in4in% D$ive$* S)&''l.
/. T&e C'+$t %$ant* t&i* *enten)e 3e)a+*e it #$'vide* f'$ Defendant2*$e&a3ilitati'n and t&e #$'te)ti'n 'f t&e )'+nit. T&e C'+$t &a* )'n*ide$ed t&e*enten)in% $e)'endati'n 'f t&e #a$tie*.
?. Defendant &a* a *tat+t'$ $i%&t t' a##eal 3 filin% -$itten n'ti)e 'f a##eal-it& t&e Cle$4 'f C'+$t 'f t&i* )'+nt -it&in /0 da* 'f t&e date 'f t&e*e #$')eedin%*.If Defendant i* +na3le t' #a t&e )'*t* 'f a##eal, Defendant a a##l t' t&e C'+$t f'$a##'intent 'f )'+n*el and t&e f+$ni*&in% 'f a t$an*)$i#t 'f t&e eviden)e a* #$'vided in
E-FILED 2015 JUN 18 9:55 AM SAC - CLERK OF DISTRICT COURT
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4
I'-a C'de Se)ti'n* "1?.@ and "1?.11. Filin% a n'ti)e 'f a##eal -it&in t&e tie and int&e anne$ *#e)ified in I'-a R+le 'f A##ellate P$')ed+$e .101 i* 7+$i*di)ti'nal andfail+$e t' )'#l -it& t&e*e #$'vi*i'n* *&all #$e)l+de Defendant2* $i%&t 'f a##eal.
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012787 STATE OF IOWA VS BAUMHOVER, ERIC M
So Ordered
Electronically signed on 2015-06-18 09:55:42 page 5 of 5
E-FILED 2015 JUN 18 9:55 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUN 19 9:22 AM SAC - CLERK OF DISTRICT COURT