E-FILED 2015 JAN 23 10:42 PM SAC - CLERK OF DISTRICT COURT

Item #: 14-000105

Complaint

STATE OF IOWA, COUNTY OF SAC

Before (Judge, Magistrate)

STATE OF IOWA
Vs.

Criminal Case No.

Matthew Luverne Birt

Defendant

Address 303 1et Street

Complaint

Lake View, IA 51450

Date of Birth 03-27-92

Simple Misdemeanor

The defendant is accused of the crime of Public Intoxication in violation of (Section 123.46 of the Code of Iowa) or
Ordinance No. __

iz" and Audubon

of the City of __

, in that the defendant on the 23rd day of January,

20.1, at the intersection of

Street, Sac City, Iowa in Sac County, did:

appear in public while intoxicated.

(State acts or omissions constituting offense)

Dated

Complainant
Statutory Reference 804.1 Code of Iowa

Address

Sc -+>1)

STATE OF IOWA,
COUNTY OF SAC, ss.
I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other
reliable persons form my belief that Matthew Luverne Birt the defendant committed the crime charged.
On Friday, January 23, 2015 at approximately 2120 hours I was traveling behind a silver Pontiac Grand Prix in the 1100 block of
Audubon Street. At the intersection of 1
& Audubon, two subjects, one male and one female jumped out of the vehicle's passenger
side while it was still moving. The female ran before I was able to get stopped. The male was running after her yelling. I turned on my
emergency lights, got out and advised the male to stop. I recognized him as Matt Birt from Lake View. While speaking with him, I could
smell an odor of an intoxicating beverage coming off his person. He admitted that he had been drinking. I placed him under arrest and
transported him to the Sac County Law Enforcement Center where he was charged with Public Intoxication and jailed.

z"

Signature
Subscribed and sworn to before me by the said __
the 25 (~ day of :IC~","~'-\ , , 20 ~.

=-_=.;:;~.......;;...=--'-'=.!--'----------' Complainant, on

Complaint and affidavit filed and probable cause found that the defendant committed the offense charged.

Magistrate

~JJ-Il

!jWtp~n

expires

E-FILED 2015 JAN 26 9:57 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Plaintiff

02811 SMCR012742

VS
MATTHEW LUVERNE BIRT

ORDER

Defendant

Defendant appears on a charge of public intoxication. Defendant was advised of his rights and the
maximum range of penalty. After discussion with the court about the penalty that would be imposed
if the defendant chooses to plead guilty, he elected to do so. Based on that guilty plea the court
sentences the defendant to serve a term of confinement of five days in the Sac County jail with all but
time served suspended for a period of one year during the defendant's good behavior. Court costs
are taxed to the defendant and shall be paid on or before February 20, 2015 or the defendant shall
appear and show cause on February 23, 2015 at 10:30 AM.

Copy Provided to Defendant

1 of 2

E-FILED 2015 JAN 26 9:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012742
Type:

Case Title
STATE VS MATTHEW LUVERNE BIRT
OTHER ORDER
So Ordered

Electronically signed on 2015-01-26 09:57:40

2 of 2

E-FILED 2015 JAN 26 10:00 AM SAC - CLERK OF DISTRICT COURT