E-FILED 2013 AUG 10 2:24 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:17 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012392 vs. MATTHEW J WESSELS , Defendant. INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE

Charges: 01 - 124.401(1)(c) - CONTROLLED SUBSTANCE VIOL. (FELC) Defendant enters a not guilty plea to the accompanying possession of drug paraphenalia charge 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 C 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 10 Years Prison And/Or $fine of not less than 1,000 nor more than 50,000 You will lose your driver's license for a period of days.
1 of 3

E-FILED 2013 AUG 12 9:17 AM 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: (1) You must not use any alcohol or illegal drugs during the pendency of this matter. (2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) 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. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE. 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 08/26/2013 at 9:00 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

E-FILED 2013 AUG 12 9:17 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012392 Type: Case Title STATE VS MATTHEW J WESSELS HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-08-12 09:16:50

3 of 3

E-FILED 2013 AUG 12 9:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner,

Sac

COUNTY

Criminal

Civil

NO. Fecm\i^i
FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

ipport of my application for appointment ap In support of counsel, and under penalty of perjury, the undersigned states: Name: ( ' \ (AJ\A v ^ i & C X & Home Phone: Street Address: Street/P.O. Box Pending charges: >r>j?t^" <k / $ X i H ^
c

Birth Date: Cell Phone: Apt # E-mail: City State Zip

In Jail? Yes ^ N o Yes, Part Time (List Hours/week: )

Do you have a job? ^ No Job Who do you work for?

Yes, Full Time

How much money do you currently make before taxes or deductions?

er

ft

n o u r

month year tAMP^f^ K^

/

How much money have you made in the last 12 monthsfromany source, before taxes or deductions? How many family members are supported by or live with you? If a spouse lives with you, how much money does your spouse make? Q^Q?

per hour month year

,&

List all other money you, or anyone else living in your household, has coming in: > P .

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything * else worth more than $100: L L Oirt U(J \ / QD& \V Q> KC cdL ^ j ( L

I^^arnojmts yor^p^nion&lyJorrriPrtgag^^

child support, or any other debts: $ 3

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. Signature
Rev. 1/6/12

Date

E-FILED 2013 AUG 20 5:54 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. MATTHEW J WESSELS , DEFENDANT. 02811 FECR012392 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 Peterson, a contract attorney, is appointed.

1 of 2

E-FILED 2013 AUG 20 5:54 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012392 Type: Case Title STATE VS MATTHEW J WESSELS ORDER APPOINTING So Ordered

Electronically signed on 2013-08-20 17:54:36

2 of 2

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MATTHEW J. WESSELS, DOB: 12/08/1980 Defendant. TRIAL INFORMATION Case No. FECR012392

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, Matthew J. Wessels (defendant) of the crime of POSSESSION OF A CONTROLLED SUBSTANCE (METHAMPHETAMINE) WITH INTENT TO DELIVER, a violation of Iowa Code section 124.401(1)(c)(6) a Class C Felony, committed as follows: On or about August 9, 2013, the defendant knowingly possessed methamphetamine, a controlled substance. The defendant knew that the substance he possessed was methamphetamine. The defendant possessed the substance with the intent to deliver the same. A TRUE INFORMATION /s/ Benjamin John Smith 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: [email protected]

E-FILED 2013 SEP 20 9:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012392 Approval of Trial Information Case Title STATE VS MATTHEW J WESSELS

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 2013-09-20 09:50:33

page 2 of 2

E-FILED 2013 SEP 20 9:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MATTHEW WESSELS Defendant. CRIMINAL CAUSE NO. FECR012392

Attachment to Trial Information Witness List

NAMES OF WITNESSES: ROYCE KEMMANN, OFFICER, LAKE VIEW/WALL LAKE POLICE DEPARTMENT JEFF DARRYL CARTER KATHLEEN KINSETH OR DESIGNEE, EVIDENCE TECHNICHIAN, IOWA DEPARTMENT OF PUBLIC SAFETY DCI CRIMINALISTICS LABORATORY AMY JOHNSON OR DESIGNEE, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY DCI CRIMINALISTICS LABORATORY

E-FILED 2013 SEP 20 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. FECR0 !"#! Plaintiff, ORDER SETTIN$ ARRAI$NMENT AND %OND VS. MATTHEW J. WESSELS, Defendant.

T&e TRIAL INFORMATION and t&e MINUTES OF EVIDENCE in t&i' (atte) &a*e +een e,a(ined and f-.nd t- /-ntain '.ffi/ient e*iden/e, if .ne,0lained, t- 1a))ant a /-n*i/ti-n in a t)ial +2 3.)2, t&e)ef-)e, t&i' (atte) '&all +e 'et f-) A))ai4n(ent. IT IS ORDERED, t&e Defendant '&all 0e)'-nall2 a00ea) f-) A))ai4n(ent at t&e Sa/ C-.nt2 C-.)t&-.'e, Di't)i/t C-.)t)--(, Sa/ Cit2, I-1a -n t&e 5t& da2 -f OCTO%ER !0 " at #600 a.(.. T&e Defendant i' ad*i'ed t&at fail.)e t- a00ea) 1ill )e'.lt in t&e i''.an/e -f an a))e't 1a))ant. IT IS FURTHER ORDERED, t&e Defendant7' +-nd and /-nditi-n' f-) )elea'e f)-( /.'t-d2 in t&i' (atte) '&all +e6 Defendant i' )elea'ed -n 0e)'-nal )e/-4ni8an/e. %-nd i' 'et in t&e a(-.nt -f 9::::::::::::::::. %-nd (a2 +e .n'e/.)ed. %-nd (.'t +e /a'& -) 'e/.)ed in t&e a(-.nt -f t&e %-nd. 0; /a'& (a2 +e 0-'ted. %-nd 0)e*i-.'l2 'et '&all /-ntin.e. Cle)< -f C-.)t '&all i''.e a '.((-n' f-) Defendant t- A00ea). Cle)< -f C-.)t '&all i''.e an a))e't 1a))ant. Ot&e) C-nditi-n' -f Relea'e6 Defendant '&all -+e2 all Fede)al, State, and L-/al la1'. T&e Defendant '&all +e -n 0)e=t)ial '.0e)*i'i-n t- t&e Se/-nd >.di/ial Di't)i/t De0a)t(ent -f C-))e/ti-nal Se)*i/e'.

State of Iowa Courts Type: Case Number FECR012392 ORDER FOR ARRAIGNMENT Case Title STATE VS MATTHEW J WESSELS So Ordered

Electronically signed on 2013-09-20 09:50:34

page 2 of 2

E-FILED 2013 OCT 03 8:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff, v.

Criminal No. FECR012392

MATTHEW J. WESSELS,
Defendant.

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 108 West 8th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485. 2. My current mailing and residence addresses and telephone number are: Lake, IA 51466 712-210-7726 302 Summit St, Wall

3.

I am _32 years old. I can read and understand the English language and have completed the following level of education:

pi.5

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. I have received a copy of the indictment/trial information which charges me with the crime(s) of Possession of a Controlled Substance (methamphetamine) with Intent to Deliver in violation of (2013). I have read it, and I have familiarized 124.401(1)(c)(6) Iowa Code section(s) myself with its contents.

5.

6.

With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"): ] a. 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 . I request that an entry be made in the minutes is

E-FILED 2013 OCT 03 8:34 PM SAC - CLERK OF DISTRICT COURT

showing my true name. I have been advised and understand further proceedings will be had against me by that 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. I plead NOT GUILTY to the charge(s) of Possession of a Controlled Substance (methamphetamine) with intent to Deliver

9.

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"]: [)14 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 Matthew Wessels this , 20

j3

day of

Notary pu lc or other officer authorized to take and certify acknowledgements and administer oaths. [seal]
ROBERT E. PETERSON Commission Number 758404 MY COMMSSIOVE2T 15ES MAY 21,

bo

,________-_-

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. MATTHEW J WESSELS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 3, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Robert Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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

Case No. 02811 FECR012392

ORDER FOR TRIAL

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012392 Type: Case Title STATE VS MATTHEW J WESSELS ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-04 09:54:27

3 of 3

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. MATTHEW J WESSELS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 3, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Robert Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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

Case No. 02811 FECR012392

ORDER FOR TRIAL

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012392 Type: Case Title STATE VS MATTHEW J WESSELS ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-04 09:54:27

3 of 3

E-FILED 2013 OCT 07 9:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA Plaintiff, vs. MATTHEW J WESSELS, Defendant. The defendant, in the above captioned case, through the undersigned counsel, provides notice that he intends to depose, according to Iowa Rule of Criminal Procedure 2.13, the following individuals listed in the Trial Information filed on September 20, 2013: Royce Kemmann Jeff Darryl Carter Kathleen Kinseth Amy Johnson _/s/ Robert Peterson__________ Robert E. Peterson, AT0009773 Robert E. Peterson, Attorney at Law 108 W 8th St., PO Box 1144 Carroll, IA 51401 712-792-4485 Fax: 712-792-4124 [email protected] NOTICE OF DEPOSITION Criminal Number FECR012392

E-FILED 2013 NOV 20 11:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, No. FECR012392 Plaintiff, REQUEST FOR LEAVE OF vs. COURT TO AMEND TRIAL INFORMATION MATTHEW J. WESSELS, Defendant. COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial Information in the above entitled matter states to the Court: 1. The amendment will not materially change the issues nor work any hardship on the Defendant. 2. Substantial rights of the defendant are not prejudiced by the attached Amendment. 3. A wholly new and different offense is not being charged. 4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: Possession of Methamphetamine, a Schedule II Controlled Substance, First Offense, a Serious Misdemeanor in violation of Iowa Code Section 124.401(5). 5. A copy of the amended and substituted Trial Information is attached. WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted and amended Trial Information. /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: [email protected] Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on November 5, 2013 by: [ ] U.S. Mail [ x] email [ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ ] EDMS Signature: /s/Norma Hecht

E-FILED 2013 NOV 20 11:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MATTHEW J. WESSELS, DOB: 12/08/1980 Defendant. CRIMINAL CAUSE NO. FECR012392 AMENDED TRIAL INFORMATION

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, Matthew Wessels of the crime of POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 124.401(5) committed as follows: The said Defendant, Matthew Wessels, on or about August 9, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled substance, to-wit: Methamphetamine, a Schedule II Controlled Substance. A TRUE INFORMATION

/s/Benjamin John Smith

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: [email protected]

E-FILED 2013 NOV 20 3:33 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, "#. MATTHEW J. WESSELS, D%f%n&ant. No. FECR012392 ORDER PER ITTIN! A ENDED TRIA$ INFOR ATION

T'% (att%) of t'% Stat% of Io*a+# R%,-%#t fo) $%a"% of Co-)t to A(%n& T)ial Info)(ation .o(%# on /%fo)% t'% Co-)t an& t'% Co-)t -0on %1a(ination of t'% fil%# an& )%.o)&# '%)%in fin&# t'at t'% a(%n&(%nt *ill not (at%)iall2 .'an3% t'% i##-%# no) *o)4 an2 'a)&#'i0# on t'% D%f%n&ant, an& t'at #ai& T)ial Info)(ation a# a(%n&%& 'a# /%%n %1a(in%& /2 (% an& fo-n& to .ontain #-ffi.i%nt %"i&%n.%, if -n%10lain%&, to *a))ant a .on"i.tion# /2 a t)ial 5-)26 t'% filin3 of t'i# a(%n&%& T)ial Info)(ation i# '%)%/2 a00)o"%&.

O)i3inal fil%& ED S, .o02 to7 Co-nt2 Atto)n%2 D%f%n&ant+# Atto)n%28Ro/%)t P%t%)#on

E-FILED 2013 NOV 20 3:33 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012392 OTHER ORDER Case Title STATE VS MATTHEW J WESSELS So Ordered

Electronically signed on 2013-11-20 15:33:52

page 2 of 2

E-FILED 2013 NOV 21 12:28 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff
V S.

No. FECR012392

GUILTY PLEA Amended-Serious Misdemeanor

MATTHEW J. WESSELS,

DOB: 12/08/1980
Defendant.

COUNT I I, the undersigned Defendant, have carefully read and fully understand the following: I am charged with Possession of a Controlled Substance (Methamphetamine) with Intent to Deliver a violation of Iowa Code Section 124.401(1)(c)(6) a Class C Felony. In conjunction with a Plea Agreement made with the Sac County Attorney whereby he will amend Count I to: POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED SUBSTANCE, FIRST OFFENSE, in violation of Iowa Code Section 124.401(5), a Serious Misdemeanor, and I hereby request that my plea of guilty to the charge be entered of record. A. The maximum punishment for this crime is: For the first offense, imprisonment of not more than six months in jail, and a fine of not more than $1,000.00 plus statutory surcharges, plus all court costs and all costs and fees incurred for legal assistance. The surcharges include a 35% surcharge, a $125 Law Enforcement Initiative Surcharge and a $10.00 DARE surcharge. Fine, costs, and surcharges are immediately due on the date of sentencing unless a payment plan has been approved by the court within thirty days of the judgment entry date. The Court will also order the Department of Transportation to revoke Defendant's driver's license for 180 days. This is in addition to any suspension or revocation of driving privileges I am presently serving. The crime of First Offense Possession of Controlled Substance is a Serious Misdemeanor. In addition, for any Possession of Controlled Substance conviction the Court shall consider and may order denial of certain Federal and comparable State benefits, such as student loans, grants, contracts, professional or commercial license. This does not include retirement, welfare, Social Security, health, disability, veteran's benefits, public housing or similar benefits. I will be required to pay correctional fees for incarceration and enrollment fees for probation. I am aware that sentencing options may include deferral of sentence of judgment, the grant of probation and the suspension of sentence imposed. I understand I may be required to complete a substance abuse evaluation at my own expense. If ordered, I will provide the evaluation to the Court before I am sentenced. The Court may order me to participate in a reality education substance abuse prevention program.

E-FILED 2013 NOV 21 12:28 PM SAC - CLERK OF DISTRICT COURT

The Court may order restitution to any victim of my offense. In addition, the Court may order restitution up to $500 each to any public agency (fire-fighting, law enforcement, ambulance, medical or any other emergency services) which responded as a result of my violation. B. I understand that a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws. C. If I plead not guilty, I would be entitled to the following rights. I 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 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. D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, 1 waive my right to trial, and will be treated as if I had been tried and found guilty by a jury. E. 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 the amended charge of

POSSESSION OF METHAMPHET'AMINE, A SCHEDULE II CONTROLLED SUBSTANCE, FIRST OFFENSE, in violation of Iowa Code Section 124.401(5), a Serious Misdemeanor. The recommended jail time is six (6) months in the Sac County Jail, all of which will be suspended after given credit for time served. I will be placed on probation to the Sac County Probation Officer for a period of one-(1) year from the Judgment entry date. The County Attorney will recommend that the fine in the amount of $315.00 be suspended. I will pay the $125.00 Law Enforcement Initiative surcharge, the $10.00 DARE surcharge court costs, and court appointed attorney fees; to be paid as ordered by the court. The Department of Transportation will revoke my driver's license for a period of 180 days.

E-FILED 2013 NOV 21 12:28 PM SAC - CLERK OF DISTRICT COURT

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, correction (jail) fee for any jail time 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 did knowingly and intentionally, knowingly, or intentionally possess a
controlled substance, to-wit: Methamphetamine, A Schedule II Controlled Substance, unless such was obtained by valid prescription. I understand the nature of the charge

against me.
This offense was committed by me in Sac County Iowa by my doing the following: 1 did on or about August 9, 2013, possess a Schedule II Controlled Substance, Methamphetamine, in/at 308 West 3rd Street in Wall Lake.

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. F. 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 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.

E-FILED 2013 NOV 21 12:28 PM SAC - CLERK OF DISTRICT COURT

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. Matthew Wess efendant

Robert . Peterson, Defendant's Attorney STATE OF IOWA ) SS SAC COUNTY On this 20 day of /t) t. 1L2013 before me the undersigned, a Notary Public in and for said State, personally appeared PA -yrkeel.) L(De s, (s 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

E-FILED 2013 NOV 21 2:29 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. FECR012392 Plaintiff !. "UD#$ENT ENTRY SERIOUS $ISDE$EANOR MATTHEW J. WESSELS, DO%& 12'0('19(0 D)f)n*ant. COUNT I BE IT REMEMBERED t+at t+i! ,att)- .a,) on fo- !)nt)n.in/. T+) Stat) i! -)0-)!)nt)* 12 Sa. Co3nt2 Atto-n)2 %)n4a,in "o+n S,it+, an* D)f)n*ant i! -)0-)!)nt)* 12 an* a00)a-! 12 Atto-n)2 at 5a6 Ro1)-t E. P)t)-!on. T+) 0a-ti)! info-, t+) Co3-t t+at a 0l)a a/-)),)nt +a! 1))n -)a.+)* 6+)-)in t+) D)f)n*ant )nt)-! +i! 6-itt)n 0l)a of /3ilt2 to t+) .+a-/) of Possession of Metham hetamine, a S!he"#$e II Cont%o$$e" S#&stan!e, 'i%st Offense, a Se%io#s Mis"emeano%, in (io$ation of Io)a Co"e Se!tion *+,.,-*./0. In )7.+an/) fo- t+) 0l)a of /3ilt2 to t+) a,)n*)* .+a-/), t+) Stat) +a! a/-))* to a,)n* t+) o-i/inal .+a-/) a! ,)ntion)* a1o ). T+) Stat)8! $otion to A,)n* i! +)-)12 /-ant)*. Ha in/ fil)* a 6-itt)n 0l)a of /3ilt2 +)-)in, 6+i.+ +a! 1))n -) i)6)* 12 t+i! Co3-t an* i! in.o-0o-at)* +)-)in 12 t+i! -)f)-)n.), 9no6! of no l)/al .a3!) 6+2 43*/,)nt !+o3l* not no6 1) )nt)-)*, an* non) a00)a-! 30on t+) -).o-*. T+) Co3-t, t+)-)fo-), a..)0t! t+) D)f)n*ant8! 0l)a of #3ilt2 an* fin*! t+at t+) D)f)n*ant i! /3ilt2 of POSSESSION O' METHAMPHETAMINE, A SCHEDULE II CONTROLLED SUBSTANCE, 'IRST O''ENSE, a Se%io#s Mis"emeano%, in (io$ation of Io)a Co"e Se!tion *+,.,-*./0. IT IS THERE'ORE THE JUD1MENT AND SENTENCE O' THE COURT, 03-!3ant to S).tion! 12:.:01;<= an* 903.1, Co*) of Io6a, t+at t+) D)f)n*ant 1) !)nt)n.)* to& 1. Confin),)nt in t+) Sa. Co3nt2 "ail fo- a 0)-io* of !i7 ;>= ,ont+!, all 4ail ti,) !+all 1) !3!0)n*)* aft)- /i )n .-)*it fo- ti,) !)- )*. T+) D)f)n*ant i! t+)-)aft)0la.)* on 0-o1ation to t+) Sa. Co3nt2 P-o1ation Offi.)- fo- a 0)-io* of on) ;1= 2)a-, an* *3-in/ !3.+ 0-o1ation 0)-io* D)f)n*ant !+all a1i*) 12 all t+) t)-,! an* .on*ition! of t+) 0-o1ation a! !)t fo-t+ on t+) P-o1ation A/-)),)nt. a. D)f)n*ant, 6it+in ?2 +o3-! of t+i! "3*/,)nt, !+all !i/n a P-o1ation A/-)),)nt 6it+ t+) Sa. Co3nt2 P-o1ation Offi.)- at t+) Sa. Co3nt2 Co3-t+o3!), 100 NW Stat) St-))t, S3it) 9, 2n* Floo-, Sa. Cit2, Io6a. 1. D)f)n*ant !+all o1)2 all F)*)-al, Stat), an* lo.al la6! an* o-*inan.)!. .. D)f)n*ant !+all ti,)l2 0a2 all a,o3nt! o-*)-)* 12 t+i! "3*/,)nt. 2. T+) fin) in t+) a,o3nt of @31<.00 i! +)-)12 !3!0)n*)*. 3. In a**ition, D)f)n*ant !+all 0a2 t+) @10.00 DARE !3-.+a-/) an* t+) 5a6 Enfo-.),)nt Initiati ) S3-.+a-/) of @12<.00 03-!3ant to S).tion 911.3A ;fo-

E-FILED 2013 NOV 21 2:29 PM SAC - CLERK OF DISTRICT COURT

iolation! 3n*)- C+a0t)-! 12:, 1<<A :<3%, ?13, ?1:, ?1<A, ?1>, o- S).tion! ?19.(, ?2<.1, ?2<.2 an* ?2<.3 of t+) Io6a Co*)=. :. D)f)n*ant !+all ,a9) -)!tit3tion fo- +i! .o3-t a00oint)* atto-n)2 f))!, in t+) a,o3nt of @B?00B. <. D)f)n*ant !+all 0a2 t+) follo6in/ .o3-t .o!t! of @100.00. >. D)f)n*ant !+all 9))0 t+) Cl)-9 of Co3-t an* t+) Sa. Co3nt2 P-o1ation Offi.)notifi)* a! to an2 .+an/) in a**-)!! 3ntil all o1li/ation! of t+i! .a!) +a ) 1))n .o,0l)t)*. T+) Io6a Stat) D)0a-t,)nt of T-an!0o-tation !+all -) o9) t+) D)f)n*ant8! *-i )-8! li.)n!), ,oto- )+i.l) o0)-atin/ 0-i il)/) fo- a 0)-io* of 1(0 *a2!, o- *)la2 t+) i!!3an.) of a ,oto- )+i.l) fo- 1(0 *a2! aft)- t+) D)f)n*ant i! fi-!t )li/i1l) if t+) D)f)n*ant +a! not 1))n i!!3)* a ,oto- )+i.l) li.)n!). If D)f)n*ant8! o0)-atin/ 0-i il)/)! a-) !3!0)n*)* o- -) o9)* at t+) ti,) of t+i! !)nt)n.in/, !ai* 1(0 *a2! -) o.ation 0)-io* !+all not 1)/in 3ntil all ot+)- !3!0)n!ion! o- -) o.ation! +a ) t)-,inat)*. T+) D)0a-t,)nt of T-an!0o-tation !+all not i!!3) a t),0o-a-2 -)!t-i.t)* li.)n!) to t+) D)f)n*ant *3-in/ t+) -) o.ation 0)-io* 6it+o3t f3-t+)- o-*)- 12 t+i! Co3-t.

?.

(. IT IS 'URTHER OREDRED t+at D)f)n*ant !+all 0a2 all a,o3nt! O-*)-)* 12 t+i! "3*/,)nt, 12 0a2in/ 2/- 0)- ,ont+ to t+) Sa. Co3nt2 Cl)-9 of Co3-t 6it+ 0a2,)nt to 1)/in on t+) */th "a3 of t+) ,ont+ follo6in/ t+i! o-*)- an* !+all .ontin3) on t+) */th *a2 of )a.+ ,ont+ 3ntil 0ai* in f3ll. HOWE4ER, I' THE ABO4E PA5MENT PLAN DOES NOT RESULT IN THE TOTAL OBLI1ATION BEIN1 PAID WITHIN +, MONTHS O' THE DATE O' THIS JUD1MENT, THE BALANCE IS DUE AT THAT TIME. Defen"ant is a"(ise" that if one a3ment is misse", the enti%e o&$i6ation &e!omes imme"iate$3 "#e. D)f)n*ant +a in/ a00)a-)* an* !)nt)n.) 1)in/ 0-ono3n.)*, IT IS 'URTHER ORDERED t+at an2 1alan.) of a00)a-an.) 1on* i! -)l)a!)* aft)- a00li.ation to fin), !3-.+a-/), .o3-t .o!t!, atto-n)2 f))!, an* -)!tit3tion. D)f)n*ant i! a* i!)* of t+) -i/+t to a00)al t+i! 43*/,)nt an* !)nt)n.) an* of t+) -i/+t to a00l2 fo- a00oint,)nt of a00)llat) .o3n!)l an* t+) f3-ni!+in/ of a t-an!.-i0t if 3na1l) to 0a2 t+) a00)al .o!t!. D)f)n*ant i! al!o a* i!)* of t+) n).)!!it2 to .o,0l2 6it+ t+) !tat3to-2 -)C3i-),)nt! in filin/ a noti.) of a00)al. Noti.) of A00)al ,3!t 1) fil)* 6it+in 30 *a2! of t+i! "3*/,)nt. D)f)n*ant8! a00)al 1on* i! fi7)* in t+) !3, of @1,9<0.00.
O-i/inal fil)*, .o02 to& Co3nt2 Atto-n)2 D)f)n*ant'D)f)n!) Co3n!)lDRo1)-t E. P)t)-!on DOT

E-FILED 2013 NOV 21 2:29 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012392 ORDER FOR DISPOSITION Case Title STATE VS MATTHEW J WESSELS So Ordered

Electronically signed on 2013-11-21 14:28:59

page 3 of 3