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E-FILED 2015 SEP 28 8:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR


SAC COUNTY

This Complaint and Affidavit is to be:

Agency Case Number: 15-11014

Filed with Court Clerk (cc: CA)

Arrest Date: 09/28/2015

Submitted to County Attorney


Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA


VS.

OFFENDER
Last

First

Middle

SEFCIK

DANIEL

PAUL

Suffix

Address

City

State

Zip Code

251 LAKE ST

LAURENS

IA

50554

Date of Birth

Gender

Race

Ethnicity

7/29/1990

MALE

WHITE - W

NOT OF HISPANIC ORIGIN - N

State

Height

Weight

Eye Color

Hair Color

IA

5' 08"

150 LBS

HAZEL - HAZ

BLONDE OR STRAWBERRY - BLN

OFFENSE
State Local

Code Section

Crime Description

Class

716.4(1)

CRIMINAL MISCHIEF 2ND DEGREE

FELD

Location Type

20 - RESIDENCE/HOME
Literal Description

PERKINS AVE
Address

City

State

2035 PERKINS AVE

NEMAHA

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

09/27/2015

Upper Date Range

Incident Time or Low Range

Zip Code

50567
Upper Time Range

23:00

STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY

WARRANT REQUESTED

CUSTODY

SUMMONS TO APPEAR

1 - JAILED

(Citation Issued)

NO CONTACT ORDER

RELEASED TO

REQUESTED

PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did

intentionally damage, deface, alter or destroy tangible property, to-wit: spray painted and graffitied a house, garage, barn, a vehicle and
slashed the tires on the vehicle\___, the cost of replacing, restoring and/or repairing of which exceeds $1,000 but does not exceed $10,000

AFFIDAVIT

STATE OF IOWA,

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 my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime

On September 27, 2015 at approximately 11:00 PM, the defendant admitted to causing damage to a house, garage, barn and vehicle by spray painting
obscenities at 2035 Perkins Ave. The defendant also admits to slashing three tires on the vehicle with a multi tool. The defendant admitted to the
offense when questioned while trying to bail his accomplice out of jail.

HATTERMAN, JOHN
Signature of Complainant or Officer, Officer Name & Number

Printed At

SAC COUNTY SHERIFF'S OFFICE

9/28/2015

8:33 AM

Page 1

of 2

Form #:

15-11014

81-6

GENERAL PROBABLE CAUSE

E-FILED 2015 SEP 28 8:34 AM SAC - CLERK OF DISTRICT COURT

Defendant Implicated

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 09 - NEAR SCENE OF CRIME, 14 - OTHER
PHYSICAL EVIDENCE

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

MULTI-TOOL
STATE OF IOWA,

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

Printed At

Notary Name

KAREN KIME

Commission Number

777584

My Commission Expires

03/21/2016

SAC COUNTY SHERIFF'S OFFICE

09/28/2015

Signature of Verifying Party

Peace Officer

9/28/2015

8:33 AM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

15-11014

E-FILED 2015 SEP 28 8:34 AM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT IN AND FOR
SAC COUNTY

This Complaint and Affidavit is to be:

Agency Case Number: 15-11014

Filed with Court Clerk (cc: CA)

Arrest Date: 09/28/2015

Submitted to County Attorney


Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA


VS.

OFFENDER
Last

First

Middle

SEFCIK

DANIEL

PAUL

Suffix

Address

City

State

Zip Code

251 LAKE ST

LAURENS

IA

50554

Date of Birth

Gender

Race

Ethnicity

7/29/1990

MALE

WHITE - W

NOT OF HISPANIC ORIGIN - N

State

Height

Weight

Eye Color

Hair Color

IA

5' 08"

150 LBS

HAZEL - HAZ

BLONDE OR STRAWBERRY - BLN

OFFENSE
State Local

Code Section

Crime Description

Class

716.8(2)

TRESPASS - INJURY OR DAMAGE GREATER THAN $200

SRMS

Location Type

20 - RESIDENCE/HOME
Literal Description

PERKINS AVE
Address

City

State

2035 PERKINS AVE

NEMAHA

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

09/27/2015

Upper Date Range

Incident Time or Low Range

Zip Code

50567
Upper Time Range

23:00

STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY

WARRANT REQUESTED

CUSTODY

SUMMONS TO APPEAR

1 - JAILED

(Citation Issued)

NO CONTACT ORDER

RELEASED TO

REQUESTED

PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did

commit criminal trespass upon the property of 2035 Perkins Ave (causing more than $200 in damage) by entering upon or in property by one
or more of the following means: without the express permission of the owner, lessee, or person in lawful possession with the intent to
commit a public offense, to use, remove therefrom, alter, damage, harass or place thereon or therein anything animate or inanimate or to
hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer or preserve whitetail,
which is on or in the property by a person who is outside the property; without justification after being notified or requested to abstain from
entering or to remove or vacate therefrom by the owner, lessee or person in lawful possession, or the agent or employee thereof, or by any
peace officer, magistrate or public employee whose duty it is to supervise the use of maintenance of the property; for purposes of or with the
effect of unduly interfering with the lawful use of the property by others; wrongfully using, removing therefrom, altering, damaging, harassing
or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee or person in lawful
possession; in railway property without lawful authority or without the consent of the railway corporation which owns, leases or operates the
railway property

AFFIDAVIT

STATE OF IOWA,

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 my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime

On September 27, 2015 at approximately 11:00 PM,the defendant and an accomplice trespassed onto the property at 2035 Perkins Ave and committed
criminal mischief 2nd degree by damaging with spray paint the house, garage, barn and a vehicle. Tires were also slashed
Printed At

SAC COUNTY SHERIFF'S OFFICE

9/28/2015

8:33 AM

Page 1

of 2

Form #:

15-11014

E-FILED 2015 SEP 28 8:34 AM SAC - CLERK OF DISTRICT COURT

on the vehicle.

HATTERMAN, JOHN

81-6

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE


Defendant Implicated

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 09 - NEAR SCENE OF CRIME, 14 - OTHER
PHYSICAL EVIDENCE

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

MULTI-TOOL
STATE OF IOWA,

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

Printed At

Notary Name

KAREM KIME

Commission Number

777584

My Commission Expires

03/21/2016

SAC COUNTY SHERIFF'S OFFICE

09/28/2015

Signature of Verifying Party

Peace Officer

9/28/2015

8:33 AM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

15-11014

E-FILED 2015 SEP 28 1:00 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 FECR012949
vs.
DANIEL PAUL SEFCIK ,
Defendant.

ORDER ON INITIAL APPEARANCE

Charges:
01 - 716.4(1) - CRIMINAL MISCHIEF 2ND DEGREE
02 - 716.8(2) - TRESPASS - INJURY OR DAMAGE GREATER THAN $200
Upon 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
$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 and
first offense operating while intoxicated which carries a minimum fine of $1,250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of conviction for possession
of 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. Conviction
of this offense will result in loss of your operator's license for a period of and you cannot qualify for a
work permit for days.
Felony, Class D: This charge ordinarily carries a fine of not less than $750 nor greater than $7,500
except in the case of third offense or greater operating while intoxicated which carries a minimum
fine of $1,875 and a maximum of $6,250. Defendant may also be sentenced to an indeterminate
sentence of up to five years in prison. In the case of a third offense operating while intoxicated there
is a minimum 30 day jail sentence and a six year license suspension.
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.
1 of 4

E-FILED 2015 SEP 28 1:00 PM SAC - CLERK OF DISTRICT COURT

You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
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, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/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 reasonably assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on 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 laws of Iowa and the United States.
You must post a Cash or Surety bond in the amount of $6,000.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.

PRELIMINARY HEARING
2 of 4

E-FILED 2015 SEP 28 1:00 PM SAC - CLERK OF DISTRICT COURT

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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Preliminary Hearing is scheduled on 10/20/2015 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 at
712-662-4791 before attending this hearing to determine whether or not it will be held.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, 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
Defendant
Sac County Sheriff
The Court has provided a copy to the Defendant

3 of 4

E-FILED 2015 SEP 28 1:00 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012949
Type:

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2015-09-28 13:00:31

4 of 4

SEP 28 PM3--37

IN T H E IOWA DISTRICT C O U R T FOR

STATE OF IOWA or

.
V

Criminal

COUNTY

Civil

Plaintiff/Petitioner,
F I N A N C I A L AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Defen dant/RespOnd cut.

tn support of my application for appointment of counsel, nnd under penalty of perjury, the undersigned

Name:
Home Phone:

states:

BirthDate: 7 /

CL

Cell Phone:
1

StTeet Address:
Street/P.O.Box

Apt#

No Job ,51 Yes, Full Time

City

State

Pending charges: f * Y ' ' ^ i .'H^B/


Do yoo have a job?

Zip

d i n .Jail? ,63 Yes No'


Yes, Part Time (List Hours/week:

Who do you work for?


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

2lper C^hour

month

year

How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members arc supported by or live with you?

If a spouse lives with you, how much money does your spouse make?

S" ^ per ^Sfhour month year

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

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: Ftfr&\h9.
PiCk^P,
9*1* ML . 3? J- ^Ki . <, P^G f&i C

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts

1 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 nny changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application arc true
nnd that I am unable to pay for an attorney to represent me.

Date

$ignature*^2<

6*r

fttv. 1/6/12

E-FILED 2015 SEP 29 6:39 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
DANIEL PAUL SEFCIK ,

02811 FECR012949
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

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 over 200% of the guidelines, but a felony charge, not appointing would
cause financial hardship.

Attorney John M. Loughlin 712-225-2514, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2015 SEP 29 6:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012949
Type:

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
ORDER APPOINTING
So Ordered

Electronically signed on 2015-09-29 06:39:50

2 of 2

STATE OF IOWA, COUNTY OF


STATE OF IOWA
VS.

Before (Judge, Magistrate)


Criminal Case No.
BAIL BOND
Defendant

An indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of
.on the

charging

- day of

.with the crime

CfrflMfilAU M&Ctft&f- 2 ^ f e # ^

(designating
it aas
complaint),
person having been duly admitted to bail in the sum of
'Oiv^i i a in l y 11
o
1in
1 i the
u i c warrant,
i v a i i a m , indictment,
11 I U I ^ U n o i n , or
ui
u u i i W I U I I \\), and/such
ui
OU\J
DOLLARS:
Defendant. and

We,
Lederman Bonding Company

Surety, hereby undertake that the said


Defendant, shall appear at the District
on the

Court of the County of

and

answer the said indictment (or charge), and submit to the orders and judgment of said court, and not depart without leave of same,
or if such person fails to perform either of these conditions, that such person will pay to the State of lowa the sum of

(Insert the sum in which the Defendant is admitted to bail).

LEDERMAN BAIL BONDS


712 Sycamore Street
Waterloo, IA 50703
319-233-6624
800-564-8898
Acknowledged before and accepted by me at
in the County of

in the Township of
-this

(Signature)

(Official title)

day of

WARNING! DO NOT ACCEPT THIS DOCUMENT UNLESS YOU CAN SEE A TRUE WATERMARK AND VISIBLE FIBERS FROM BOTH SIDES.
VALID IF POSTED BY:

POWER O F A T T O R N E Y

November 1, 2015

INSURANCE COWANY. WC.


160 WATER ST.. NEW YORK. NY 10038

26,000

POWER AMOUNT^

s\

POWER NO.

02333490

S26

KNOW ALL MEN BY THESE PRESENTS that Seneca Insurance Company, Inc., has constituted and appointed, and does hereby constitute and appoint the named Executing Agent its true and lawful Attorneyin-Fact, with full power and authority to sign the company's name and affix its corporate seal to, and deliver on its behalf as surety, any and all obligations as herein provided, and the execution of such obligations
in pursuance of these presents shall be as binding upon the company as fully and to all intents and purposes as if done by the regularly elected officers of said company at its home office in their own proper
person; and the said company hereby ratifies and confirms all and whatsoever its said Executing Agent may lawfully do and perform in the premises by virtue of these presents.

'

The obligation of the company shall not exceed the sum of


N

'

T W E N T Y SIX T H O U S A N D

'

\-

D O L L A R S

>.

|. .

The authority ofthe Executing Agent under this Power of Attorney is limited to appearance bonds only and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitation,
fines, restitution, payments pr-penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of Attorney is for use with Bail Bonds only
and js void if altered, erased, or used with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or Civil Bonds. A separate Power of Attorney must be attached
to each bond executed. STACKING OF POWERS IS STRICTLY PROHIBITED! No more than one power from this Surety, may be used to execute any one bond. Powers of Attorney must not be returned
to Executing Agent, but should remain a permanent part of the court records.
v

IF BOND FORFEITS, attach a copy ofthis Power of Attorney to the forfeiture not^eand mail to SENEGA INSURANCE COMPANY, INC., ATTN: BAIL BOND DEPT., 160 WATER ST., 16TH FL.,
NEW YORK, NY 10038 and.the Executing Agent named below at:

UtZ&&fi-flJjQift

?mj/

<^j&fiJQ[$^

d&lAJj$Q

IN WITNESS WHEREOF, Seneca Insurance Company Inc. has caused these presents to be signed by its duly authorized Executing Agent and Attorney-in-Fact, proper for the purpose
and its'corporate seal to be hereunto affixed this _
Bond Amount $_
Defendant

A..

day of .

Premium Charged

, / ^ f l M ^ U

Appearance Date

J*

D.O.B. 7 / 2 f / / f ? Q

< Z & P < U g j .

Case No.

Court

State / v y y ^ ^ V /

Charge C^li^jW^

f ( A ^ & * \

yCounty

O&Sft&Z

/C^^Aj^^.^ji^^A^

Charge.

Amount $

Executing Agent
Attorney-in-Fact

Executing Agent
License No.

FOR STATE USE ONLY


NOT VALID IF USED, IN FEDERAL COURT

Secretary
MARC T.A. WOLIN

DOtJGLAS M . LIBBY

\
IT IS UNLAWFUL TO PRINT OR REPRODUCE THIS FORM.

S6NPOA121-0198/R6V. 5-t4

COURT COPY
/
\

v
\

E-FILED 2015 OCT 19 9:09 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. FECR012949

TRIAL INFORMATION

DANIEL PAUL SEFCIK,


DOB: 07/29/1990,
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, Daniel Paul Sefcik of
the crime of CRIMINAL MISCHIEF IN THE SECOND DEGREE, a Class D Felony in violation of
Iowa Code Sections 716.1, 716.4(1), and 716.4(2) committed as follows:
The said Defendant, Daniel Paul Sefcik, on or about September 27, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter
or destroy tangible property, to-wit: Damage-deface, with spray paint, a house, garage, barn,
and vehicle, and slashed three tires on said vehicle, at 2035 Perkins Avenue, Nemaha Iowa;
and the cost of replacing, restoring and/or repairing of which exceeds $1,000 but does not
exceed $10,000.
COUNT II
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, Daniel Paul Sefcik of
the crime of TRESPASS, a Serious Misdemeanor in violation of Iowa Code Sections 716.8(2)
and 716.7 committed as follows:
The said Defendant, Daniel Paul Sefcik, on or about September 27, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully commit criminal trespass upon the
property at 2035 Perkins Avenue, Nemaha Iowa, owned by Seth and Loretta Smith and
occupied by Taylor Miller and T.M. a juvenile, causing more than $200 in damage, by entering
upon or in property by one or more of the following means:
Without the express permission of the owner, lessee, or person in lawful possession with
the intent to commit a public offense, to use, remove therefrom, alter, damage, harass or place
thereon or therein anything animate or inanimate or to hunt, fish or trap on or in the property,

E-FILED 2015 OCT 19 9:09 AM SAC - CLERK OF DISTRICT COURT

including the act of taking or attempting to take a deer, other than a farm deer or preserve
whitetail, which is on or in the property by a person who is outside the property; without
justification after being notified or requested to abstain from entering or to remove or vacate
therefrom by the owner, lessee or person in lawful possession, or the agent or employee
thereof, or by any peace officer, magistrate or public employee whose duty it is to supervise the
use of maintenance of the property; for purposes of or with the effect of unduly interfering with
the lawful use of the property by others; wrongfully using, removing therefrom, altering,
damaging, harassing or placing thereon or therein anything animate or inanimate, without the
implied or actual permission of the owner, lessee or person in lawful possession; in railway
property without lawful authority or without the consent of the railway corporation which owns,
leases or operates the railway property.
A TRUE INFORMATION

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
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 2015 OCT 19 9:09 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. DANIEL PAUL SEFCIK


Criminal No. FECR012949
COUNT I: Criminal Mischief in the Second Degree
COUNT II: Trespass

NAMES OF WITNESSES:
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
DEANNA COHOON, OCCUPATION UNKNOWN
TAYLOR MILLER, OCCUPATION UNKNOWN
T.M., A JUVENILE MALE, VEHICLE OWNER
SETH and LORETTA SMITH, PROPERTY OWNER

E-FILED 2015 OCT 19 9:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
FECR012949

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P

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 2015-10-19 09:10:10

page 4 of 4

E-FILED 2015 OCT 19 9:09 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 FECR012949


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

DANIEL PAUL SEFCIK ,

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled on 11/04/2015 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 such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause 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 Attorney
Defendant/Defense Attorney

E-FILED 2015 OCT 19 9:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
FECR012949

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
So Ordered

Electronically signed on 2015-10-19 09:10:11

page 2 of 2

E-FILED 2015 NOV 04 9:26 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 NOV 04 9:26 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 NOV 04 10:09 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
DANIEL PAUL SEFCIK ,

Case No: 02811 FECR012949


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on November 4, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/16/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior 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 01/26/2016 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the 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 NOV 04 10:09 AM SAC - CLERK OF DISTRICT COURT


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

2 of 3

E-FILED 2015 NOV 04 10:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012949
Type:

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-11-04 10:09:39

3 of 3

E-FILED 2015 DEC 18 12:44 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012949

Plaintiff,
v.
DANIEL PAUL SEFCIK,

REPORT OF PRETRIAL
CONFERENCE

Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 16, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith. The
Defendant appeared by his attorney, John M. Loughlin. The parties, through the
undersigned, represent to the Court that an agreement has been reached, the
terms of which are as follows:
1.

That Defendant has agreed to plead guilty to count one amended to

criminal mischief in the third degree and pay restitution.


2.

That the State has agreed to recommend that Defendant pay the

minimum fine, pay costs, receive a suspended jail sentence and be placed on
informal probation through the Sac County Probation Office.
3.

That Defendant intends to waive presence at sentencing and the time

to waive time between plea and sentencing.

STATE OF IOWA

_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org

E-FILED 2015 DEC 18 1:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 FECR012949
Plaintiff,
vs.

ORDER

DANIEL PAUL SEFCIK ,


Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 01/20/2016 at 9:30 AM
at 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 arrest
being issued.

1 of 2

E-FILED 2015 DEC 18 1:34 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012949
Type:

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
OTHER ORDER
So Ordered

Electronically signed on 2015-12-18 13:34:07

2 of 2

E-FILED 2015 DEC 21 3:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA
Plaintiff,
vs.

CRIMINAL CAUSE NO. FECR012949

STATEMENT OF PECUNIARY LOSS

DANIEL PAUL SEFCIK,


Defendant.
COMES NOW Benjamin John Smith Sac County Attorney, as prosecuting attorney for the State of Iowa,
and states to the Court; the victim requests that restitution be ordered in the above-captioned cause as shown below
and on the attached sheets.
Victim Name/Address:
SETH SMITH
2561 175TH STREET
NEMAHA IA 50567
Type of Loss

Amount of Loss

Deductible

Damages: at 2035 Perkins Avenue, Nemaha IA


Property Damages with Insurance Coverage
Miscellaneous Damages no Insurance Coverage

$3135.60
$ 700.00

$1000.00
$ n/a

Total Restitution to be Ordered:

Restitution
Amount
$1000.00
$ 700.00

$1,700.00

Joint and Several with Co-Defendant Deanna Elizabeth Cohoon - FECR012947


Dated this 21st day of December 2015.

Benjamin John Smith,


Sac County Attorney
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
copy to: Defendants Attorney John M. Loughlin
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served
upon all parties to the above cause by:
[ X]
EDMS
to each of the attorney/s parties of record as disclosed on
the pleadings
on December 21, 2015
by: /s/Norma Hecht

E-FILED 2015 DEC 22 10:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. FECR012949

AMENDED
TRIAL INFORMATION
COUNT I

DANIEL PAUL SEFCIK,


DOB: 07/29/1990,
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, Daniel Paul Sefcik of
the crime of CRIMINAL MISCHIEF IN THE THIRD DEGREE, an Aggravated Misdemeanor in
violation of Iowa Code Sections 716.1 and 716.5 committed as follows:
The said Defendant, Daniel Paul Sefcik, on or about September 27, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter
or destroy tangible property, to-wit: Damage-deface, a house, garage, barn, and a vehicle at
2035 Perkins Avenue, Nemaha; and the cost of replacing, restoring and/or repairing of which
exceeds $500 but less than $1,000.
A TRUE INFORMATION

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
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 2015 DEC 22 10:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
FECR012949

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P

On this date, I have reviewed the attached Amended Trial Information and find that it
contains 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
Amended Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered

Electronically signed on 2015-12-22 10:51:17

page 2 of 2

E-FILED 2015 DEC 22 10:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

No. FECR012949
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION

vs.
DANIEL PAUL SEFCIK,
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: CRIMINAL MISCHIEF IN THE THIRD DEGREE, an Aggravated
Misdemeanor in violation of Iowa Code Sections 716.1 and 716.5.
5. A copy of the amended and substituted Trial Information is submitted to the Court.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
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
Copy to: Defendants Attorney John M. Loughlin
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 December 22, 2015
by:
[ ] U.S. Mail
[ ] Fax
[ ] Certified Mail
[ x] EDMS
Signature: /s/Norma Hecht

E-FILED 2015 DEC 22 10:50 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No. FECR012949
Plaintiff,
vs.
ORDER
DANIEL PAUL SEFCIK,
Defendant.
NOW, on this 22nd day of December, 2015, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with Criminal Mischief
in the Third Degree, an Aggravated Misdemeanor, in violation of Iowa Code Sections
716.1 and 716.5.

Clerk to furnish copies to:


County Attorney
Defense Counsel

E-FILED 2015 DEC 22 10:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012949

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
So Ordered

Electronically signed on 2015-12-22 10:51:17

page 2 of 2

IN THE IOWA DISTRICT COURT EN AND FOR SAC COUNTY


STATE OF IOWA,
No. FECRO12949
Plaintiff,
GUILTY PLEA-Count I
vs.
(Aggravated Misdemeanor)
DANIEL PAUL SEFCIK,
DOB: 07/29/1990,
Defendant.

o
Co
23,

3Z
O

I, the undersigned Defendant, have carefully read and fully understand the following:
O:
N D

I am charged with Count I, CRIMINAL MISCHIEF IN THE 2


DEGREE^in
violation of Iowa Code Section 716.1, 716.4(1), and 716.4(2) a Class D Felony.oln
conjunction with a Plea Agreement made with the Sac County Attorney whereby he~will
amend the charge to C R I M I N A L M I S C H I E F EN T H E THIRD D E G R E E , an
Aggravated Misdemeanor in violation of Iowa Code Section 716.1 and 716.5. I
now request that my plea of not guilty be changed to a Plea of Guilty to the amended
charge.
B. The maximum punishment for an Aggravated Misdemeanor is custody to the Director
of the Iowa Department of Correctional Services for an indeterminate term not to
exceed two years, and a fine of not more than $6,250.00 plus statutory surcharges, plus
all court costs and all costs and fees incurred for legal assistance. There is a minimum
fine of $625.00, plus a 35% surcharge in the amount of $218.75, which is immediately
due on the date of sentencing, unless a payment plan is approved by the Court within
thirty days of the Judgment entry date. In addition, if the charge is a violation of Code
Chapters 124, 155A, 453B, 713, 714, 715A, 716, or Code Sections 719.8, 725.1, 725.2
or 725.3, there is an additional Law Enforcement Initiative surcharge of $125. In
addition, I may be required to pay correctional fees for incarceration and enrollment fees
for probation. I am aware that sentencing options may include deferral of Judgment and
Sentence, the grant of probation and the suspension of the sentence imposed.
C. I understand that a criminal conviction, deferred judgment or deferred sentence may
affect my status under federal immigration laws.
D. I f l 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-mcrunination, that is, I cannot be
forced to testify, and i f l 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.
E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my
right to trial, and will be treated as i f l had been tried and found guilty by a jury.
F. 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: The County Attorney will amend Count I to
the charge of Criminal Mischief in the Third Degree and I will plead guilty to the
amended charge. The County Attorney will recommend that I be sentenced to serve
sixty (60) days in the Sac County Jail, which will be suspended, with credit for time
already served. I will be placed on Informal Probation to the Sac County Probation
Officer for a period of one vear from the Judgment date. I will pay a fine in the amount
of $625.00. plus the 35% surcharge in the amount of $218.75. the $125.00 Law
Enforcement Initiative surcharge, court appointed attorney fees, and court costs. I will
pay restitution, joint and several, in the amount of $1.700.00 to Mr. Seth Smith, through
the Clerk of Court, as filed in the Statement of Damages. Additional restitution, if any,
for the damage to the vehicle will be filed with the court within thirty days of the
Judgment entry. As part of the plea agreement, the County Attorney will recommend
dismissal of Count II of the Trial Information.
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: Defendant did unlawfully and intentionally damage,
deface, alter, or destruct tangible property, and the cost of replacing, repairing, or
restoring the damage to the property exceeds $500.00 but does not exceed
$1000.00. 1 understand the nature of the charge against me.

G. This offense was committed by me in Sac County Iowa by my doing the following:
I did on or about the 27 day of September 2015 knowingly and without the right
to do so. damage tangible property, at the Seth Smith property at 2035 Perkins
Avenue, Nemaha, and the cost of repairing and or replacing the damaged
property exceeds $500.00 but does not exceed $1000.00.
>h

I hereby state that I submit this written plea of guilty with full knowledge and waiver ofmy
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.
H. 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, 1 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.

W A I V E R OF R I G H T T O B E 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.

Attorney for Defendant, John M. Loughlin


STATE OF IOWA

)
) SS

SACCOUNTY
)
On this
day of _
2015 before me the undersigned, a Notary Public in
and for On
saidthis
State, personally appeared
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 injand for the State m Iowa


TFTT
SHELLEY BASS
,
m t CtokolDtaWrtC*- 9 I
Sao County
D88,

nofl

E-FILED 2016 JAN 20 1:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

FECR012949
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND


SENTENCING ORDER

DANIEL PAUL SEFCIK,


Defendant.
DATE:

January 20, 2016

CHARGE:

Criminal Mischief in the Third Degree, an aggravated misdemeanor,


as amended, in violation of Iowa Code 716.1 and 716.5

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge of $218.75;
(3)
court-appointed attorney fees. The Court has
determined, by information presented by the parties, that
Defendant is able to pay court-appointed attorney fees;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in favor of Seth Smith in the amount of
$1,700.00. to be paid jointly and severally with any codefendant convicted in connection with this matter.
Additional restitution, if any, in connection with a damaged
vehicle may be determined at a later time. The State shall
file a statement of pecuniary damages within 30 days of

E-FILED 2016 JAN 20 1:07 PM SAC - CLERK OF DISTRICT COURT

(6)

todays date, or no restitution shall be ordered. Upon filing


of such a statement, the amount claimed in the statement
shall be considered to be ordered to be paid unless
Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
the court costs of this action.

Defendant shall pay all financial obligations owed to the Clerk of


Court of this county or online at www.iowacourts.gov. All such
financial obligations shall be paid in full on or before the 30th day
following the filing of this Order. If the financial obligations are not
paid in full within 30 days of filing of this Order, it may be
considered a violation of this Order and the terms of Defendants
probation. In addition, pursuant to Iowa Code Section 602.8107, a
failure to pay in full within 30 days may result in this case being
assigned to the Centralized Collection Unit of the Iowa Department
of Revenue or its designee to collect the debts owed to the Clerk of
Court. In the event this matter is assigned for collection, additional
fees may be imposed pursuant to law;
b.

Defendant shall serve sixty (60) days in the county jail. This
sentence is suspended in its entirety. Defendant shall be given
credit for time previously served. The County Sheriff shall
designate the appropriate county jail facility.
In compliance with Iowa Code Section 356.7, Defendant
shall pay fees as later assessed for the room and board provided to
Defendant while in the custody of the Sheriff as a result of
Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue; and

c.

As a condition of a portion of Defendants sentence being


suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:

E-FILED 2016 JAN 20 1:07 PM SAC - CLERK OF DISTRICT COURT

d.

(1)

Defendant shall make in-person contact with the Probation


Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

(3)

If Defendant becomes eligible for reinstatement of


Defendants drivers license during the term of probation,
Defendant shall take all steps necessary to obtain a valid
drivers license as soon as Defendant is eligible;

(4)

Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation; and

(5)

Defendant shall comply with all terms of this Order,


including paying all financial obligations and completing all
required tasks in a timely manner.

The Defendant shall submit a physical specimen for DNA profiling.

3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the sum of $5,000.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.

E-FILED 2016 JAN 20 1:07 PM SAC - CLERK OF DISTRICT COURT

7. IT IS FURTHER ORDERED that Count II of the original Trial Information is


dismissed upon motion of the County Attorney and pursuant to plea agreement. Costs
are taxed to Defendant.

Clerk Shall Furnish Copies To:


County Attorney
Defense Counsel
County Sheriff

E-FILED 2016 JAN 20 1:07 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012949

Case Title
STATE OF IOWA VS SEFCIK, DANIEL P
So Ordered

Electronically signed on 2016-01-20 13:07:24

page 5 of 5

E-FILED 2016 JAN 22 12:37 PM SAC - CLERK OF DISTRICT COURT