E-FILED 2013 MAY 02 6:27 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 03 8:14 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation ELIZABETH DIANE SCHARTON Defendant Case No. 02811 OWCR012300

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: OWI 1ST OFFENSE in violation of Section(s) 321J.2 of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 05/14/2013 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.

/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

Recipient List Case ID : 02811 OWCR012300 - STATE VS ELIZABETH DIANE SCHARTON E-FILED 2013 MAY 03 8:14 AM SAC - CLERK OF DISTRICT COURT Event Cd : SUMM ELIZABETH DIANE SCHARTON filed

E-FILED 2013 MAY 14 8:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 14 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012300 vs. ELIZABETH DIANE SCHARTON , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE Defendant appears by attorney Mandy L. Whidden The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime(s) indicated above. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - Minimum 2 days Years Prison And/Or a fine of not less than $1250.00 or more than $1875.00 You will lose your license for a minimum of 180 days and cannot obtain a work permit for 0 days.
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E-FILED 2013 MAY 14 11:02 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 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 - 712-732-5136) 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 05/31/2013 at 11:00 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

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E-FILED 2013 MAY 14 11:02 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

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E-FILED 2013 MAY 14 11:02 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012300 Type: Case Title STATE VS ELIZABETH DIANE SCHARTON HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-05-14 11:02:17

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E-FILED 2013 MAY 28 12:37 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 13 1:16 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. OWCR012300 STATE OF IOWA, Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. ELIZABETH DIANE SCHARTON , Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unex lained, to !arrant a conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment. IT IS ORDERED, the Defendant shall ersonall" a ear for Arrai !"#!$ at the Sac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the 2!% da" of &'() 2013 a$ *+00 a.".. The Defendant is advised that failure to a ear !ill result in the issuance of an arrest !arrant. IT IS FURTHER ORDERED, the Defendant&s bond and conditions for release from custod" in this matter shall be' Defendant is released on ersonal reco$ni(ance. )ond is set in the amount of *++++++++++++++++. )ond ma" be unsecured. )ond must be cash or secured in the amount of the )ond. ,-. cash ma" be osted. B,!% -r#.i,'/() /#$ /0a(( 1,!$i!'#. %ler/ of %ourt shall issue a summons for Defendant to A ear. %ler/ of %ourt shall issue an arrest !arrant. O$0#r C,!%i$i,!/ ,2 R#(#a/#+ D#2#!%a!$ /0a(( ,3#) a(( F#%#ra(, S$a$#, a!% L,1a( (a4/. The Defendant shall have no contact !ith the victim or an" !itness set forth in the minutes of evidence in this matter. The Defendant shall be on re0trial su ervision to the Second 1udicial District De artment of %orrectional Services. Other' 567 D#2#!%a!$ i/ Or%#r#% $, i""#%ia$#() ,3$ai! a S'3/$a!1# A3'/# E.a('a$i,! a!% -r,.i%# i$ $, $0# C,'r$. Fai('r# $, %, /, "a) r#/'($ i! $0# r#.,1a$i,! ,2 D#2#!%a!$8/ 9r# Tria( R#(#a/#.

State of Iowa Courts Type: Case Number OWCR012300 ORDER FOR ARRAIGNMENT Case Title STATE VS ELIZABETH DIANE SCHARTON So Ordered

Electronically signed on 2013-06-13 13:16:21

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012300 Plaintiff, vs. TRIAL INFORMATION ELIZABETH DIANE SCHARTON, DOB: 10/16/1982 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, Elizabeth Diane Scharton 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, Elizabeth Diane Scharton, on or about April 2, 2013, 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 /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: attorney@saccounty.org

E-FILED 2013 JUN 13 1:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012300 Approval of Trial Information Case Title STATE VS ELIZABETH DIANE SCHARTON

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 2013-06-13 13:16:21

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E-FILED 2013 JUN 12 2:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ELIZABETH DIANE SCHARTON, Defendant. CRIMINAL CAUSE NO. OWCR012300

Attachment to Trial Information Witness List

NAMES OF WITNESSES: MATT BIEDE, DEPUTY, Sac County Sheriff's Department

GAIL EISCHEID, EMT-Sac County Emergency Medical Services TONYA LANKFORD, ARNP, Loring Hospital Emergency Room ROBERT MONSERRATE, CRIMINALIST, Iowa Department of Public Safety, Department of Criminal Investigation, Criminalistics Laboratory

E-FILED 2013 JUL 02 9:56 AM SAC - CLERK OF DISTRICT COURT

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

OWCR012300

ELIZABETH SCHARTON, 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 Mandy L. Whiddon, whose address and telephone number are 506 South Main Street, Council Bluffs, Pottawattamie County, Iowa 51503; (712) 352-1000. 2. That I presently live and reside at 5001 South MacArthur Lane, Apt 304, Sioux Falls, SD 57108. 3. I am thirty (30) years old, having been born October 16, 1982. 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 instrument 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 plea of not guilty. 5. I have received a copy of the indictment / trial information which charges me with the crime(s) of Operating While Intoxicated, First Offense in violation of Section(s) 321J.2(1)(a), (b), or (c) and 321J.2(2) of the 2013 Code of Iowa.

E-FILED 2013 JUL 02 9:56 AM SAC - CLERK OF DISTRICT COURT

6. With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"): (X ) a. The name shown on the indictment / trial information is my true name. I have been advised and understand that I am now precluded from objecting to the indictment / trial information upon the ground I am improperly named. ( ) b. The name shown on the indictment / trial information is not my true name. My true name is . I request that an entry be made in the

minutes showing my true name. I have been advised and understand further proceedings will be had 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. 9. I plead NOT GUILTY to the charge(s) of Operating While Intoxicated, First Offense. 10. I have been advised and understand that I have a right under rule 2.33(2)(b) of the Iowa Rules of Criminal Procedure to a trial within ninety (90) days after indictment / filing of the trial information and (check either "a" or "b"): ( x ) a. I demand a speedy trial pursuant to rule 2.33 (2)(b).

E-FILED 2013 JUL 02 9:56 AM SAC - CLERK OF DISTRICT COURT

( ) 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 of the Iowa Rules of Criminal Procedure. My attorney and I will be available for trial on the following days: At the discretion of the Court.

STATE OF IOWA
)

SS.

COUNTY OF POTTAWATTAMIE Subscribed, sworn to, and acknowledged before me by the above-named Defendant on the
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2 nd day of

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CERTIFICATE OF SERVICE 1 The undersigned s;ertifies 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 the Sk-"e'. day of , 2013 by: U.S. Mail; _Han' l elivered; Certified Mail; Fax; Overnight 17SU 1 \I
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Courier;

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E-FILED 2013 JUL 05 9:45 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. ELIZABETH DIANE SCHARTON , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on July 2, 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 Mandy L. Whiddon. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on August 28, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on August 13, 2013, at 9:00 a.m. 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.
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Case No. 02811 OWCR012300

ORDER FOR TRIAL

E-FILED 2013 JUL 05 9:45 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY MANDY L. WHIDDON

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E-FILED 2013 JUL 05 9:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012300 Type: Case Title STATE VS ELIZABETH DIANE SCHARTON ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-07-05 09:45:46

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E-FILED 2013 SEP 10 12:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 10 12:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 10 1:08 PM SAC - CLERK OF DISTRICT COURT

2RCR20

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 OWCR012300 PLAINTIFF, VS. ELIZABETH DIANE SCHARTON , DEFENDANT. ORDER

The Defendant has filed a motion to continue the previously-established trial date. That motion is not resisted. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. The motion to continue is granted. 2. The jury trial of this case is rescheduled to October 2, 2013, at 9:00 a.m.

CLERK TO FURNISH COPIES: DISTRICT COURT ADMINISTRATOR COUNTY ATTORNEY MANDY L. WHIDDON

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E-FILED 2013 SEP 10 1:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012300 Type: Case Title STATE VS ELIZABETH DIANE SCHARTON OTHER ORDER So Ordered

Electronically signed on 2013-09-10 13:07:56

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E-FILED 2013 OCT 02 9:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 02 10:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, OWCR012300 Plaintiff, v. ELI A!ETH SCHARTON, D#f#n$ant. COMES NOW the Court this 2nd day of October, 2013, being fully apprised of the pre ises, and continues the hearing to the !th day of No"e ber, 2013 at #$00 o%cloc& a' ' in the Sac County Courthouse' ORDER CONTINUIN" HEARIN"

Cler& to furnish copies to$ County (ttorney Mandy Whiddon Court (d inistration

E-FILED 2013 OCT 02 10:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012300 ORDER FOR CONTINUANCE Case Title STATE VS ELIZABETH DIANE SCHARTON So Ordered

Electronically signed on 2013-10-02 10:53:59

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E-FILED 2013 NOV 05 11:09 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, OWCR012300 Plaintiff, v. ELI A!ETH SCHARTON, D#f#n$ant. COMES NOW the Court this 5th day of November, 2013, being fu y a!!rised of the !remises, and "ontinues then #ria to the 1$#% day of &e"ember, 2013 at '(00 o)" o"* a+m+ in the Sa" County Courthouse+ ORDER CONTINUIN" HEARIN"

E-FILED 2013 NOV 05 11:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012300 ORDER FOR CONTINUANCE Case Title STATE VS ELIZABETH DIANE SCHARTON So Ordered

Electronically signed on 2013-11-05 11:09:33

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E-FILED 2013 NOV 25 9:36 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 25 9:36 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 25 9:36 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 25 9:36 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 06 12:14 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ELIZABETH DIANE SCHARTON, Defendant. COMES NOW the State of Iowa, and, for its application for an order to show cause, states: 1. On or about May 14, 2013, and again on July 2, 2013, Defendant was ordered to undergo a substance abuse evaluation, and provide the results of that evaluation to the court. 2. Defendant received notice of the aforementioned court orders. 3. Defendant has not completed the substance abuse evaluation and return it to the court as ordered. 4. Defendant should be ordered to appear before this court and show cause why he / she should not be held in contempt and sanctioned for failing to comply with the order to complete the substance abuse evaluation, and sanctioned therefore. WHEREFORE, the State prays that the matter be set for hearing, and that the court issue an order for Defendant to appear and show cause why he / she should not be held in contempt and sanctioned for failing to comply with the order to complete the substance abuse evaluation, and for such other and further relief as the court deems just and equitable in the premises. APPLICATION FOR ORDER TO SHOW CAUSE Case No. OWCR012300

_________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org

E-FILED 2013 DEC 08 12:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ELIZABETH DIANE SCHARTON, Defendant. T&i 'atte( )a'e *ef!(e t&e )!+(t +,!n t&e State- a,,li)ati!n f!( an !(de( f!( Defendant t! a,,ea( and &!. )la+ e .&/ &e 0 &e &!+ld n!t *e &eld in )!nte',t, and an)ti!ned t&e(ef!(e, f!( failin1 t! )!',l/ .it& t&e )!+(t !(de( t! !*tain 0 )!',lete a +* tan)e a*+ e eval+ati!n. T&e C!+(t, +,!n (evie.in1 t&e (e)!(d and *ein1 advi ed in t&e ,(e'i e FINDS and ORDERS t&at Defendant &all a,,ea( and &!. )a+ e at t&e Sa) C!+nt/ C!+(t&!+ e, Sa) Cit/, I!.a, at #"2"" a.'. !n De)e'*e( #3, $"#%. Defendant i n!tified t&at if Defendant d!e n!t ,e( !nall/ a,,ea( f!( t&i &!. )a+ e &ea(in1, a .a((ant/ &all i +e f!( &i 0 &e( a((e t, and Defendant &all *e +*4e)t t! f+(t&e( an)ti!n f!( failin1 t! a,,ea(. ORDER TO SHOW CAUSE Ca e N!. OWCR"#$%""

E-FILED 2013 DEC 08 12:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012300 OTHER ORDER Case Title STATE VS ELIZABETH DIANE SCHARTON So Ordered

Electronically signed on 2013-12-08 12:11:22

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E-FILED 2013 DEC 11 3:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ELIZABETH DIANE SCHARTON, Defendant. COMES NOW the State of Iowa, and, for its motion to dismiss its show cause application, states that on December 6, the State filed an application for a show cause hearing alleging the Defendant willfully failed to obtain a substance abuse evaluation as ordered by the Court. On December 11, 2013, Defendant filed her substance abuse evaluation with the Court. WHEREFORE, the State respectfully requests that the Court enter an order dismissing the States application to show cause. STATES MOTION TO DISMISS SHOW CAUSE APPLICATION Case No. OWCR012300

_________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org

E-FILED 2013 DEC 12 10:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ELIZABETH DIANE SCHARTON, Defendant. T)i *atte+ ,a*e -ef!+e t)e C!.+t !n t)e State( &!ti!n t! di *i t)e )!/ ,a. e a,ti!n )e+ein initiated -0 t)e filin1 !f an a22li,ati!n t! )!/ ,a. e !n De,e*-e+ 3, $"#%. T)e C!.+t, .2!n +evie/in1 t)e +e,!+d and -ein1 advi ed in t)e 2+e*i e , FINDS and ORDERS t)at t)e State( &!ti!n t! Di *i it A22li,ati!n t! S)!/ Ca. e )all -e and i di *i ed f!+ t)e +ea !n et f!+t) in t)e State( &!ti!n. ORDER DIS&ISSIN' THE STATE(S APPLICATION TO SHOW CAUSE Ca e N!. OWCR"#$%""

E-FILED 2013 DEC 12 10:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012300 OTHER ORDER Case Title STATE VS ELIZABETH DIANE SCHARTON So Ordered

Electronically signed on 2013-12-12 10:25:27

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E-FILED 2013 DEC 12 10:28 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, No. OWCR012300 Plaintiff, vs. ELIZABETH DIANE SCHARTON, OWI 1st OFFENSE DOB: 10/16/1 !2, JUDGMENT ENTRY D"f"n#ant. COUNT I BE IT REMEMBERED t$i% &att"' (a&" on fo' %"nt"n(in). T$" Stat" i% '"*'"%"nt"# +, Sa( Co-nt, Atto'n", B"n.a&in /o$n S&it$, an# t$" D"f"n#ant i% '"*'"%"nt"# +, Atto'n", at 0a1 2an#, 0. W$i##on. T$" Co-'t fin#% t$at D"f"n#ant $a3in) fil"# a *l"a of )-ilt, $"'"in, 1$i($ $a% +""n '"3i"1"# +, t$i% Co-'t, an# i% in(o'*o'at"# $"'"in +, t$i% '"f"'"n(", 4no1% of no l")al (a-%" 1$, .-#)&"nt %$o-l# not no1 +" "nt"'"#, an# non" a**"a'% -*on t$" '"(o'#. T$" Co-'t, t$"'"fo'", a(("*t% t$" D"f"n#ant5% *l"a of 6-ilt, an# fin#% t$at t$" D"f"n#ant i% )-ilt, of OPERATING WHILE INTOXICATED, FIRST OFFENSE in 3iolation of Io1a Co#" S"(tion 321/.2, a S"'io-% 2i%#"&"ano'. IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, *-'%-ant to S"(tion% 321/.2, an# 03.1, Co#" of Io1a, t$at t$" D"f"n#ant +" %"nt"n("# to: 1. T$" (onfin"&"nt in t$" Sa( Co-nt, /ail fo' a *"'io# of t$i't,78309 #a,%, all ti&" %-%*"n#"# aft"' D"f"n#ant $a% %"'3"# t1o 829 #a,% in t$" Sa( Co-nt, /ail, 1it$ ('"#it fo' an, ti&" al'"a#, %"'3"#. a. D"f"n#ant %$all al%o +" a%%"%%"# t$" (o''"(tional f"" of :;;.00 *"' #a, ($a')"# +, t$" Sa( Co-nt, S$"'iff5% Offi(". D"f"n#ant %$all %"'3" %ai# %"nt"n(" 1it$in %i< 869 &ont$% of t$" #at" of t$i% o'#"'. If t$" D"f"n#ant $a% not %"'3"# t$" .ail ti&" at t$" "n# of %i< 869 &ont$%, t$" Sa( Co-nt, S$"'iff i% o'#"'"# at $i% (on3"ni"n(", to *i(4 -* D"f"n#ant to %"'3" %ai# .ail ti&". +. D"f"n#ant &a,, at D"f"n#ant5% "<*"n%", (o&*l"t" a =!7$o-' Al(o$ol Int"'3"ntion P'o)'a& in li"- of =! $o-'% of .ail ti&". P'oof of (o&*l"tion &-%t +" *'o3i#"# to t$" Cl"'4 of Co-'t an# Co-nt, Atto'n", 1it$in %i< 869 &ont$% of to#a,5% #at". In t$" "3"nt t$" D"f"n#ant #o"% not att"n# t$" =!7$o-' Al(o$ol Int"'3"ntion P'o)'a&, %$" %$all 8at $"' o1n "<*"n%"9 !"#$%t% & 1'()!*+ P+,"% -!+ L,-% !*+s% !+ s,",$&+ #+!.+&" /,t),0 s,1 234 "!0t)s !- t),s 5&t%. 2. D"f"n#ant i% *la("# on *'o+ation to t$" Sa( Co-nt, P'o+ation Offi("' fo' a *"'io# of on" ,"a', an# #-'in) %-($ *'o+ation *"'io# D"f"n#ant %$all a+i#" +, all t$" t"'&% an# (on#ition% of t$" *'o+ation a% %"t fo't$ on t$" P'o+ation A)'""&"nt. D"f"n#ant i% O'#"'"# to %i)n a P'o+ation A)'""&"nt 1it$in >2 $o-'% of t$i% /-#)&"nt, 1it$ t$" Sa( Co-nt, P'o+ation Offi("' at t$" Sa( Co-nt, Co-'t$o-%", 100 NW Stat" St'""t, 2n# Floo', S-it" , Sa( Cit,, Io1a. a. D"f"n#ant %$all o+", all Stat", F"#"'al an# lo(al la1% an# o'#inan("%. +. D"f"n#ant i% O'#"'"# to '"*o't an, n"1 a''"%t% to t$" Sa( Co-nt, P'o+ation Offi("' 1it$in %"3"n #a,% of t$" a''"%t #at". (. D"f"n#ant %$all ti&"l, *a, all a&o-nt% o'#"'"# +, t$i% /-#)&"nt. 3. D"f"n#ant i% O'#"'"# to *a, a fin" of 61,'78.88 an# a 3;? %-'($a')" in t$" a&o-nt of 69:;.78, *l-%

E-FILED 2013 DEC 12 10:28 AM SAC - CLERK OF DISTRICT COURT

t$" 618.88 DARE %-'($a')" *-'%-ant to Io1a Co#" S"(tion 11.2. If D"f"n#ant %$o1% *'oof of $a3in) o+tain"# a 1o'4 *"'&it, t$" fin" 1ill +" '"#-("# to :62;.00 an# t$" 3;? %-'($a')" 1ill +" '"#-("# a((o'#in)l,, to :21!.>;. =. T$" D"f"n#ant %$all (o&*l, 1it$ all '"(o&&"n#ation% %"t fo't$ in t$" al(o$ol "3al-ation #at"# N!v%"<%+ 19, '81: f'o& B&+t%$s C!*0s%$,0. S%+v, %s, I0 . a. D"f"n#ant %$all a+i#" +, all '"(o&&"n#ation% of t$" "3al-ation in(l-#in) in*ati"nt o' ot$"' t'"at&"nt if '"(o&&"n#"#. If t'"at&"nt i% '"(o&&"n#"#, D"f"n#ant %$all "n'oll in t$" fi'%t a3aila+l" '"(o&&"n#"# t'"at&"nt )'o-* an# ti&"l, (o&*l"t" t$" t'"at&"nt. T$" %-+%tan(" a+-%" a)"n(, %$all notif, t$" Sa( Co-nt, P'o+ation Offi("' of an, non7(o&*lian(". +. D"f"n#ant i% O'#"'"# to *'o3i#" *'oof of (o&*lian(" 1it$ t$" '"(o&&"n#ation% of t$" S-+%tan(" A+-%" E3al-ation, to t$" Sa( Co-nt, P'o+ation Offi("', on a &ont$l, +a%i% -ntil %-($ ti&" a% t$" '"(o&&"n#"# t'"at&"nt %$all +" (o&*l"t"#. ;. D"f"n#ant %$all *a, (o-'t (o%t% in t$" a&o-nt of 6188.88= to +" *ai# a% o'#"'"# +, t$" Co-'t. 6. D"f"n#ant %$all 4""* t$" Cl"'4 of Co-'t an# Sa( Co-nt, P'o+ation notifi"# a% to an, ($an)" in a##'"%% -ntil all o+li)ation% of t$i% (a%" $a3" +""n (o&*l"t"#. >. If t$" D"f"n#ant5% li("n%" $a% not al'"a#, +""n '"3o4"#, fo' t$i% off"n%", t$" D"*a't&"nt of T'an%*o'tation %$all '"3o4" D"f"n#ant5% li("n%" *-'%-ant to Io1a Co#" C$a*t"' 321/. !. IT IS FURTHER ORDERED t$at D"f"n#ant %$all *a, all a&o-nt% o'#"'"# +, t$i% /-#)&"nt +, *a,in) 6188.88 #%+ "!0t) to t$" S& C!*0t> C$%+? !- C!*+t 1it$ *a,&"nt% to +")in on t$" 17t) #a, of t$" &ont$ follo1in) t$i% o'#"' an# %$all (ontin-" on t$" 17t) #a, of "a($ &ont$ -ntil *ai# in f-ll. HOWE@ER IF THE ABO@E PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN '9 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. D%-%05&0t ,s &5v,s%5 t)&t ,- !0% #&>"%0t ,s ",ss%5, t)% %0t,+% !<$,.&t,!0 <% !"%s ,""%5,&t%$> 5*%. D"f"n#ant $a3in) a**"a'"# an# %"nt"n(" +"in) *'ono-n("#, IT IS FURTHER ORDERED t$at an, +alan(" of a**"a'an(" +on# i% '"l"a%"# aft"' a**li(ation to fin", %-'($a')", (o-'t (o%t%, atto'n", f""%, an# '"%tit-tion. D"f"n#ant i% a#3i%"# of t$" 'i)$t to a**"al t$i% .-#)&"nt an# %"nt"n(" an# of t$" 'i)$t to a**l, fo' a**oint&"nt of a**"llat" (o-n%"l an# t$" f-'ni%$in) of a t'an%('i*t if -na+l" to *a, t$" a**"al (o%t%. D"f"n#ant i% al%o a#3i%"# of t$" n"("%%it, to (o&*l, 1it$ t$" %tat-to', '"@-i'"&"nt% in filin) a noti(" of a**"al. Noti(" of A**"al &-%t +" fil"# 1it$in 30 #a,% of t$i% /-#)&"nt. D"f"n#ant5% a**"al +on# i% fi<"# in t$" %-& of :2,6;0.00.

O'i)inal "7fil"#, Co*, to: Co-nt, Atto'n", D"f"n#ant/D"f"n%" Atto'n",7 2an#, 0. W$i##on DOT S-+%tan(" A+-%" A)"n(, Sa( Co-nt, S$"'iff

E-FILED 2013 DEC 12 10:28 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012300 ORDER FOR JUDGMENT Case Title STATE VS ELIZABETH DIANE SCHARTON So Ordered

Electronically signed on 2013-12-12 10:28:54

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