E-FILED 2013 JUL 08 2:49 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 09 10:51 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS CODY ANTHONY DUPRE Defendant 02811 AGCR012356

ORDER

Law Enforcement is requesting a warrant. Good reason exists for the warrant based on facts stated in the complaint. Clerk to issue.

Copy Provided to Defendant Copy Provided to Plaintiff

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E-FILED 2013 JUL 09 10:51 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012356 Type: Case Title STATE VS CODY ANTHONY DUPRE OTHER ORDER So Ordered

Electronically signed on 2013-07-09 10:51:13

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E-FILED 2013 JUL 16 11:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 AGCR012356 vs. CODY ANTHONY DUPRE , Defendant. INITIAL APPEARANCE

Charges: 01 - 720.4 - TAMPERING W/WITNESS OR JUROR - 1978 (AGMS) 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 2 Years Prison And/Or $Not less than $625 nor greater than a $6,250 fine plus 35% surcharge and court costs 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.
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E-FILED 2013 JUL 16 11:34 AM SAC - CLERK OF DISTRICT 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: Defendant shall be held pending his posting of a $2,000 cash only bond for both this charge and the accompanying charge of Harrassment in the Second Degree.

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 07/26/2013 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 Sac County Sheriff

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E-FILED 2013 JUL 16 11:34 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012356 Type: Case Title STATE VS CODY ANTHONY DUPRE HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-16 11:33:52

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DISTRICT COURT Of IOWA SAC COUNTY FILED

2013 JUL 16 PM 12: 31

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or PlamtiflTPetMoner, . . ) J ) ) ) )
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Sac Criminal

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Defejiidaiit/RespondentS-'

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: / C a f f y Home Phone: Street Address: Street/P.O.Box Pending charges: V\-ft;rt>&mp Do you have a job? ft*r Apt# City ft State Zip ' ' O l l P ^ " BirthPate: E-mail: Q .

Cell Phone: ^ ^ Q ' ^ H h 6

T ^ / l f o r ' . V ^ Vi )) 113"t4-r\<^R

In Jail? H^Yes O N o )

No Job ^ Y e s , Full Time

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Yes, Part Time (List Hours/week: T * < f ' O A i '.

Whodovouworkfbr?

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

per hour month year . i "7 ' \

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

per hour month year

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

List what you own mcluding money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: f,-, -r n i

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

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me. Date Signature
Rev. 1/6/12

E-FILED 2013 JUL 16 1:03 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. CODY ANTHONY DUPRE , DEFENDANT. 02811 AGCR012356 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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E-FILED 2013 JUL 16 1:03 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012356 Type: Case Title STATE VS CODY ANTHONY DUPRE ORDER APPOINTING So Ordered

Electronically signed on 2013-07-16 13:03:27

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E-FILED 2013 JUL 16 1:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 16 4:51 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. CODY ANTHONY DUPRE DEFENDANT

) ) ) Crim No.AGCR12356 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on behalf of the above-named defendant and on behalf of the defendant, waives preliminary hearing in the captioned matter.

/s/Charles A. Schulte AT0007137 SCHULTE LAW FIRM, L C 421 Main St., PO Box 392 Sac City, IA 50583 Phone: (712) 662-4715 Fax: (712) 662-4884

Original filed Copy to: County Attorney

E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS CODY ANTHONY DUPRE Defendant 02811 AGCR012356

ORDER

The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m. Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to the magistrate.

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E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012356 Type: Case Title STATE VS CODY ANTHONY DUPRE OTHER ORDER So Ordered

Electronically signed on 2013-07-23 10:54:28

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CODY ANTHONY DUPRE, DOB: 09 / 25/ 1990 Defendant. TRIAL INFORMATION Case No. AGCR012356

COUNT 1 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses Cody Dupre (defendant), of the crime of WITNESS TAMPERING, an Aggravated Misdemeanor in violation of Iowa Code section 720.4, committed as follows: On July 7, 2013, defendant drove by at 304 Sherwood Street, Wall Lake, Iowa (Sac County), and yelled profanities out of the car window toward 304 Sherwood and / or aided Josh Skirvin in doing the same, and that defendant did so without legitimate purpose, in a manner likely to cause the residents of 304 Sherwood annoyance or harm and with the specific intent to intimidate, annoy or alarm the residents at the above-mentioned 304 Sherwood residence and harassed said residents in retaliation for their reporting of a crime perpetrated by defendant on or around June 29, 2013 (see Sac County Case No. SRCR012355). IOWA CODE 708.7(1), 720.4, 703.1, 703.2 (2013)

COUNT 2 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses Cody Dupre (defendant), of the crime of STALKING, an Aggravated Misdemeanor in violation of Iowa Code Section 708.11(2), 708.11(c) committed as follows: On or about July 7, 2013, the defendant engaged in a course of conduct directed at Billy Hutchinson that would cause a reasonable person to fear bodily injury to, or the death of Billy Hutchinson. The defendant knew or should have known that Billy Hutchinson would be placed in reasonable fear of bodily injury or death to Billy Hutchinson or a member of his immediate family. The defendants course of conduct caused Billy Hutchinson to fear bodily injury or death to himself or a member of his immediate family. IOWA CODE 708.11(2), 703.1, 703.2 (2013)

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 JUL 26 9:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012356 Approval of Trial Information Case Title STATE VS CODY ANTHONY DUPRE

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 2013-07-26 09:16:33

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E-FILED 2013 JUL 26 9:16 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CODY DUPRE, Defendant. The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED that the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day of August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond previously set shall continue and that a bond review hearing shall be and is set for July 30, 2013, at __:__ __.m. in the District Courtroom at the Sac County Courthouse, Sac City, IA 50583. ORDER SETTING ARRAIGNMENT AND BOND HEARING Case No. AGCR012356

State of Iowa Courts Type: Case Number AGCR012356 ORDER FOR ARRAIGNMENT Case Title STATE VS CODY ANTHONY DUPRE So Ordered

Electronically signed on 2013-07-26 09:16:34

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E-FILED 2013 JUL 30 2:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY Case No. AGCR012356 STATE OF IOWA, Plaintiff, v. CODY ANTHONY DUPRE, Defendant. ORDER ON BOND REVIEW HEARING FECR012340 SRCR012355

This matter came before the Court for a bond review hearing. The Court, upon reviewing the record and being advised in the premises FINDS and ORDERS defendants bond is set at $2,000.00, cash or surety. IT IS FURTHER ORDERED that if defendant is released on bond, the defendant shall abide by the following terms and conditions of release. 1. The defendant shall have no contact (personal or otherwise), either directly or indirectly, with any of the named-witnesses or alleged victims in FECR012340, AGCR012356, and SRCR012355. The County Attorney shall prepare a secure attachment to this order listing the names and addresses of the protected witnesses and victims in each of the aforementioned cases. 2. The defendant shall been inside his residence between and including the hours of 10:00 pm CST until 5:00 a.m. CST. 3. The defendant shall not consume any alcohol. 4. The defendant shall not have any further violations of the law. 5. Once filed, the Clerk shall take a paper copy to the Sac County Jail with instructions that it be given to defendant prior to his release.

E-FILED 2013 JUL 30 2:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012356 SRCR012355 FECR012340 OTHER ORDER Case Title STATE VS CODY ANTHONY DUPRE STATE VS CODY ANTHONY DUPRE STATE VS CODY ANTHONY DUPRE So Ordered

Electronically signed on 2013-07-30 14:02:26

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E-FILED 2013 AUG 12 2:03 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 2:03 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. CODY ANTHONY DUPRE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 12, 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 Mr. Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. ORDER FOR TRIAL Case No. 02811 AGCR012356

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012356 Type: Case Title STATE VS CODY ANTHONY DUPRE ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-12 15:51:03

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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. CODY ANTHONY DUPRE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 12, 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 Mr. Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. ORDER FOR TRIAL Case No. 02811 AGCR012356

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012356 Type: Case Title STATE VS CODY ANTHONY DUPRE ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-12 15:51:03

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E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CODY ANTHONY DUPRE, Defendant.
IT IS THE ORDER OF THIS COURT: 1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 9:00 a.m. on the 24th day of September 2013, at the Sac County Courthouse, Sac City, Iowa, to consider: a. Possibility of settlement b. Time for trial; and c. Matters to expedite the trial. 2. Cases which are going to be settled if at all possible at or before the pretrial so that the trial assignment will not be clogged with cases which are not going to be tried. 3. 4. Defendant shall personally appear. If the Pre-Trial Conference time does not work for defense counsel, contact the County Attorney for another time.

No: AGCR012356

ORDER SETTING DATE FOR PRETRIAL CONFERENCE

Original filed EDMS, Copies by EDMS to:

Benjamin John Smith, Sac County Attorney Charles Schulte, Defendants Attorney

E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012356 ORDER FOR PRETRIAL CONFERENCE Case Title STATE VS CODY ANTHONY DUPRE So Ordered

Electronically signed on 2013-08-20 11:15:42

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