Judgment Felony Agg Mis Imprisonment with License Revoc

							       IN THE IOWA DISTRICT COURT IN AND FOR BUENA VISTA COUNTY

STATE OF IOWA,                                                    No.
                      Plaintiff,

v.
                                                    JUDGMENT AND SENTENCE
,
                      Defendant.


       On this          day of                           , 20     , this matter comes on
for sentencing. The State appears by __________________________ and defendant
appears personally with attorney                                           . The Court is
advised that the defendant has filed a written plea of guilty and requests immediate
sentencing, waives time for sentencing and waives his/her right to file a motion in arrest
of judgment, and acknowledges that this criminal conviction may have adverse
immigration consequences if she/he is not a U.S. citizen. The Court has determined
that there is a factual basis for accepting the defendant's plea of guilty and the Court
does accept the plea. In determining the sentence to be imposed the Court has
considered that such sentence is consistent with the protection of the public, the gravity
of the offense and the rehabilitative needs of the defendant. Defendant, having been
found guilty, shows no legal cause why judgment should not be entered and none
appears on the record.

       IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that defendant is
convicted of the crime of                                             , a Class _____
felony (an aggravated misdemeanor), in violation of Iowa Code Section(s) _________
Defendant is committed to the custody of the director of the Department of Corrections
for a period of not more than _____________ years. Defendant shall receive credit
against such sentence of               days served _________________________ while
unable to furnish bail. Pursuant to Section 901.5 of the Iowa Code, the defendant is
advised that the term of incarceration may be reduced from the maximum sentence
because of statutory earned time, work credits, and program credits, and that the
defendant may be eligible for parole before the sentence is discharged. The Iowa
Medical        &        Classification      Center,       Oakdale,      Iowa,        is
designated as the reception center to which defendant shall be delivered by the Sheriff.
Mittimus shall issue forthwith.

     IT IS FURTHER ORDERED:
     Pursuant to Iowa Code §§ (902.7 / 124.406 / 124.413), that defendant shall
     serve not less than ___________________________ as a mandatory minimum
     term of incarceration.
____ Pursuant to Iowa Code §81.2, Iowa Code §81.4, and Iowa Code §901.5 (8A), the
     defendant shall submit a DNA sample for DNA profiling.
     Defendant shall pay a fine of $_________ and surcharge(s) of $___________.


Defendant shall make restitution payments as follows:
____ (a)    Name of Victim                                           Amount




____ (b)       All court costs as calculated by the clerk and assessed in accordance with
Iowa law.
____ (c)       Pursuant to Iowa Code Section 815.9(5), if the defendant is receiving
court appointed legal assistance, the court finds upon inquiry, review of the case file and
any other information provided by the parties, the defendant has the reasonable ability
to pay restitution of fees and costs in the amount approved by the State Public Defender
or $_______ whichever is less, and therefore the defendant is ordered to pay restitution,
through the Clerk of this Court, for Court-appointed attorney fees as approved by the
Court.

____   Report to the ______________County Sheriff for fingerprinting within 24 hours.
____   Abide by the separate No Contact Order issued herein.
____   Pay a $125.00 law enforcement initiative surcharge.
____   Pay to the Sheriff of Buena Vista County, Iowa for the amount of the Sheriff’s
       Room and Board Reimbursement Claim, if any, that is hereafter filed, provided
       that the amount of restitution for such claim shall not exceed $55.00 for each day
       incarcerated and the amount of the Sheriff’s medical aid Reimbursement Claim, if
       any, that is hereafter filed.

       IT IS FURTHER ORDERED _________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________.

       In determining the sentence imposed in this matter, the Court has considered:

___    the defendant’s characteristics
___    the defendant’s family and financial circumstances
___    the defendant’s criminal record and social history
___    the circumstances of the offense
___    the harm to the victim, the victim’s family and the community
___    the plea agreement
___    mitigating circumstances.
___    other factors:_____________________________________________________



Having considered these factors, the Court has determined that the sentence imposed
will provide maximum opportunity for the rehabilitation of the defendant and for the
protection of the community from further offenses by the defendant and others.

_____ The Iowa Department of Transportation is ordered to revoke the defendant’s
driver’s license or motor vehicle operating privilege for a period of 180 days, or to delay
the issuance of a motor vehicle license for 180 days after the defendant is first eligible if
the defendant has not been issued a motor vehicle license, as required under Iowa
Code Section 901.5. If the defendant’s operating privileges are suspended or revoked
as of the date of this Judgment Entry, the 180-day revocation period ordered herein
shall not begin until all other suspensions or revocations are terminated.

_____ Defendant shall be entitled to the immediate issuance of a temporary restricted
license pursuant to the rules as promulgated by the Iowa Department of Transportation.

        Pursuant to Rule 2.23(3)e, I.R.Cr.P., the defendant is advised of the statutory
right to appeal and the right of a person who is unable to pay the costs of appeal to
apply to the Court for the appointment of counsel and the furnishing of a transcript of the
evidence.

___    Pursuant to Iowa Code Section 811.1(2), defendant is remitted to custody without
       bond.
___    Defendant's appeal bond is fixed at $_____________.
___    Defendant’s appearance bond is released, and surety is exonerated.
       Defendant's appeal bond is fixed at $ _______________.

      IT IS FURTHER ORDERED that the law enforcement agency in possession of
any controlled substances seized from defendant shall cause those substances to be
destroyed on a date not less than sixty (60) days from the date of this order.




___ Contested     _____ Uncontested               ________________________________
                                                  Judge, Third Judicial District
NOTICE: If you need assistance to participate in court due to a disability call the
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provide legal advice.


Copies to:
             Prosecuting Attorney
             Defendant
             Defense Counsel
             Department of Correctional Services
             Department of Corrections
             Sheriff
             State Court Administrator
             Other ___________________________