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E-FILED 2013 JUL 03 10:53 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY MAGISTRATE DIVISION STATE OE IOWA, Plaintiff MAGISTRATE NO.

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INITIAL APPEARANCE Defendant On this edM; Iowa. The Court advises the Defendant as follows: 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. That he/she is charged with a violation of Section JEelony - Class _ Aggravated Misdemeanor Serious Misdemeanor which is classified as: day of J b 2 u /f / t the J Defendant herein 20 ate in and for Sac County, ha' g been charged with the crime of eing a violation of Section /.*
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ears before; Code of of tifar*

That the maximum punishment for a plea of guilty of conviction ofthe above charge is: ' One Year County Jail Years Prison * /\ ^-And/Or $ X <T Fine /(J he^S
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That to obtain the services nf 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. be released from custody prior to trial on your own promise to appear at afl further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you wEQ appear at aB court proceedings in the future and therefore the Court .imposes the following conditions on your release: ,

,/Vcr? 6. Defendant is e^rx^irto a ^relipai^r^e^rfdg' u^tuisSTvaived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a prelbninary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may he filed by the County Attorney ofthis county. 7. The Defeaidairtjsjfflformed of his/herrightsto a preliminary hearing and preliminary hearing is: l>^Waived ' S e t for the day of_ ^20 , at AJVLinfhe Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

If a prelnninary hearing date has been set, you should contact the county attorney at (712) 662-4791 before attending this hearing to detennine 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 WTIBIN 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 BOS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

J. Heidenreich, Judicial Magistrate

Copies to: County Attorney Defendant Sac County Sheriff

E-FILED 2013 JUL 15 3:41 PM SAC - CLERK OF DISTRICT COURT

IN THE DISTRICT COURT FOR SAC COUNTY ) ) ) ) ) ) ) ) )

THE STATE OF IOWA, Plaintiff, v. TIMOTHY ALLEN KUHSE, Defendant.

NO. AGCR012349

APPEARANCE

COMES NOW this 15th day of July, 2013, the undersigned attorney and hereby appears on behalf of the Defendant in the above captioned case. MURRAY & MURRAY, P.L.C.

_____/s/ John M. Murray____________ John M. Murray (PIN #AT0005555) 530 Erie Street, P.O. Box 27 Storm Lake, Iowa 50588 (712) 732-8181, (712) 749-5089 (fax) jmmurray@iw.net FOR THE DEFENDANT c: Ben Smith, County attorney, attorney@saccounty.org

Certificate of Service The undersigned hereby certifies that this instrument was filed with the EDMS for Sac County, Iowa on the 15th day of July, 2013, and that the foregoing instrument was served upon the foregoing party via email at the above-described addresses. _______/s/ John M. Murray__________________ John M. Murray (AT0005555)

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY ALLEN KUHSE, DOB: 02/15/1986 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, Timothy Allen Kuhse of the crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER SECTION 321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of Iowa Code Section(s) 321.560, 321.561 committed as follows: The said Defendant, Timothy Allen Kuhse, on or about July 3, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the state while license has been barred for being an habitual offender under section 321.555 and 321.556 of the Code of Iowa. A TRUE INFORMATION CRIMINAL CAUSE NO. AGCR012349 TRIAL 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 AUG 12 2:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012349 Approval of Trial Information Case Title STATE VS TIMOTHY ALLEN KUHSE

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 2013-08-12 14:01:48

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E-FILED 2013 AUG 12 9:10 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY ALLEN KUHSE Defendant. CRIMINAL CAUSE NO. AGCR012349

Attachment to Trial Information Witness List

NAMES OF WITNESSES: KIM SNOOK, DIRECTOR, Office of Driver Services, Iowa Department of Transportation TORY CUDABACK, DEPUTY, Sac County Sheriff's Department

E-FILED 2013 AUG 12 2:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. AGCR012349 STATE OF IOWA, Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. TIMOTHY ALLEN KUHSE, 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, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 27th 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 and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall have no contact with the victim or any witness set forth in the minutes of evidence in this matter. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other:

State of Iowa Courts Type: Case Number AGCR012349 ORDER FOR ARRAIGNMENT Case Title STATE VS TIMOTHY ALLEN KUHSE So Ordered

Electronically signed on 2013-08-12 14:01:48

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E-FILED 2013 AUG 20 3:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 20 3:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 20 3:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 22 1:00 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TIMOTHY ALLEN KUHSE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 20, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by John Murray. 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. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24, 2013, at 9:00 a.m. ORDER FOR TRIAL Case No. 02811 AGCR012349

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY JOHN M MURRAY TIMOTHY ALLEN KUHSE DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 22 1:00 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012349 Type: Case Title STATE VS TIMOTHY ALLEN KUHSE ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-22 13:00:16

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E-FILED 2013 OCT 03 12:22 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 12:22 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 2:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY ALLEN KUHSE, DOB: 02/15/1986 Defendant. No. AGCR012349 JUDGMENT ENTRY AGGRAVATED MISDEMEANOR

COUNT I This matter came on for sentencing. The State is represented by Sac County Attorney, Benjamin John Smith and Defendant is represented by Attorney at Law, John Murray. Having entered a written Plea of Guilty, where upon the Court finds that the plea of guilty was entered into voluntarily and that the Defendant understood his rights which he is waiving, including the right to trial by jury, the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other rights. The Court approves the Plea Agreement and finds Defendant guilty. Having entered a written plea of guilty and having been found guilty, the Court knows of no legal cause why judgment should not now be entered, and none appears upon the record. IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted of the crime of DRIVING WHILE BARRED, HABITUAL OFFENDER an Aggravated Misdemeanor, in violation of the Iowa Code Sections 321.555 and 321.556, pursuant to Iowa Code Sections 321.560, 321.561, 903.1 and 907.3(3); the Defendant is sentenced as follows: 1. To the Custody of the Director of the Iowa Department of Corrections for an indeterminate term of two-(2) years which is hereby suspended with credit for jail time served.

2. Thereafter, Defendant is placed on probation to the Sac County Probation Officer for a period of one year from the Judgment entry date, and during such probation period Defendant shall abide by all the terms and conditions of the probation as set forth on the Probation Agreement. a. Defendant is Ordered to sign a Probation Agreement within 72 hours of this Judgment, with the Sac County Probation Officer at the Sac County Courthouse, 100 NW State Street, Suite 9, 2nd Floor, Sac City, Iowa 50583. b. Defendant shall obey all Federal, State, and local criminal laws and ordinances. c. Defendant is Ordered to report any new arrests, to the Sac County Probation Officer within seven days of the arrest date. d. Defendant shall timely pay all amounts ordered by this Judgment. 3. 4. Defendant shall pay a fine of $625.00 and a surcharge of 35% in the amount of $218.75, to be paid as ordered by the Court. Defendant shall pay court costs in the amount of $100.00.

E-FILED 2013 OCT 03 2:09 PM SAC - CLERK OF DISTRICT COURT

5.

Department of Transportation is directed to revoke Defendants driving privileges in the State of Iowa for the required statutory period.

6. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to any change in address until all obligations of this case have been completed. 7. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $75.00 per month to the Sac County Clerk of Court with payments to begin on the 1st day of the month following this order, and shall continue on the 1st day of each month until paid in full. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if one payment is missed, the entire obligation becomes immediately due. IT IS FURTHER ORDERED that if a bond has been posted in the above matter, the Sac County Clerk of District Court shall release the same. Defendant is advised of the right to appeal this judgment and sentence and of the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. Defendant is also advised of the necessity to comply with the statutory requirements in filing a notice of appeal. Defendants appeal bond is fixed as $1,950.00.

Original filed EDMS, Copy to: Defendants Attorney John Murray County Attorney DOT

E-FILED 2013 OCT 03 2:09 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012349 ORDER FOR JUDGMENT Case Title STATE VS TIMOTHY ALLEN KUHSE So Ordered

Electronically signed on 2013-10-03 14:09:00

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