Вы находитесь на странице: 1из 43

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

1 of 2

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

2 of 2

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.
1 of 3

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

2 of 3

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

3 of 3

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 ) ) ) )
N o

Sac Criminal

COUNTY Civil ftfeC^Ql^Sfe

S R C ^ f ^ ^ f r f t *

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


P Q . { C J S O A
C

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.

1 of 2

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

2 of 2

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.

1 of 2

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

2 of 2

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

page 3 of 3

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

page 2 of 2

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

page 2 of 2

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

1 of 2

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

2 of 2

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

1 of 2

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

2 of 2

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

page 2 of 2

E-FILED 2013 SEP 18 4:51 PM SAC - CLERK OF DISTRICT COURT

Date:

09/18/2013 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of Iowa Plaintiff No. agcr012356 vs.

Cody Anthony Dupre Defendant MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE OF TRIAL OR PROCEEDING COMES NOW the undersigned person, who states as follows: 1. Certain representatives of the news media want to use photographic equipment (__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding. 2. This filing is for all pre-trial motions, plea-taking, trial and sentencing. 3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods. 4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which expanded media coverage is being requested or grounds for shorter notice are set out in an attached statement. 5. I sent a copy of this notice by ordinary mail directed to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows:

E-FILED 2013 SEP 18 4:51 PM SAC - CLERK OF DISTRICT COURT

ATTORNEYS: PROSECUTOR: Sac County Attorney 701 Main Street Sac City, IA 50583 DEFENSE: Charles Schulte 421 Main Street Sac City, IA 50583 PARTIES APPEARING WITHOUT COUNSEL: DISTRICT COURT ADMINISTRATOR: Scott Hand PRESIDING JUDGE: Joseph J. Heidenreich CLERK OF COURT: Donna Gerry WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid. Signature_/S/ Jesse Helling________________________ Date_9/18/13_______________________ Jesse Helling Media Coordinator, Region 4 Third Judicial District of Iowa Address: Fort Dodge Messenger 713 Central Ave. Fort Dodge, IA 50501 Phone: (800)622-6613 Fax: (515)574-4529

E-FILED 2013 SEP 23 9:53 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. CODY ANTHONY DUPRE , DEFENDANT. ORDER Case No. 02811 AGCR012356

The media coordinator has filed a Request for Expanded Media Coverage. If either the State or the Defendant has any objection to this request, they should file a document so indicating on or before October 1, 2013. If any objection is filed on or before October 1, 2013, the Court will schedule further proceedings to resolve the dispute. If no objection is filed on or before October 1, 2013, the pending Request for Expanded Media Coverage will be granted without further notice, order, or hearing. IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE MEDIA COORDINATOR

1 of 2

E-FILED 2013 SEP 23 9:53 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 2013-09-23 09:52:34

2 of 2

E-FILED 2013 OCT 14 4:25 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURTIN AND FORSACCOLINTY STATEOF IOWA, Plaintiti No. AGCR0I2356 Vs. CODYANTHONYDUPRE, DOB: 09/2511990, Defendant. COUNT I I, theundersig'ed Defendant, havecarefully readandfully understand the following: A. For count I, I am charged with wlrNESS TAMPERING, an Aggravated Misdemeanor, in violation of lowa codc Section 720..1. I now request that my pleaof not guiltybe changed to a Plea of Guiltyto Count I. B , The above-statedoffense is an Aggravated Misdemeanorwhich carries a maximum penalty of
rmpnsonment not to excecdtwo (2) yearsand a $6,250 fine, plus statutorysurcharges; I fi_ulher understand that the minimumfine is $625 plus a surcharge of 35%; and that I may be requiredto makerestitution of pecuniary damages to any victim of this crime and of court appointed attomey fees,if any,and pay the court costs. In addition,if the chargeis a violationofCode chapters124, 155A,4538,713,714,715A,71 o6 r I, o w aC o d eS e c t i o n7 s1 9 . 8 , 7 2 5,. 1 7 2 5 . 2o , r 7 2 5 . 3t.h e r e isan additional surchargeof $125. In addition, I may be required to pay corectional fees for ncarceration and enrollmentfees lbr supervised probation. I have Lkewisebeen infbrmedof all othersentencing optionsthat n.ray be available to the Couft, including but not limitedto the 6eferral ofJudgment and Sentcnce, grant the ofprobationand the suspcnsion of sentence imposed.

GUILTY PLEA-Count I andCountII

C . I understand that a cruninal conviction, defcnedjudgment or deferredsentence rnayaflect my status


underlbderal irnmigration laws.

D . lf I pleadnot guilty, I would be entitledto thc tbllowingrights. I give up theserightsby pleading


gurlty: (l). The right to a speedy and publictrial by ajury of twelvepeople. (2). The right to have an attorneyrepresent me at trial and, if the Court found I was unableto affordan attorncy, the court would, at publicexpense, appointan attorney to represent me. (3). At trial, I would be presumed innocentuntil suchtime, if ever, the Statc establishecl mv cuilt beyond a reasonable doubt. (4). At trial, a jury verdictof guilty would haveto be unanimous. (5). At trial, I would have the privilegeagatrstsellurcrimination, that is, I cannotbe forced to testily,and ifI choose not to testily,the Statcmay not commenton the lact ofmy failureto testifz and,at my request, I would be entitledto a jury instruction statingthat thejury could not inler guilt tom my failureto testily. (6). At trial, the Statewould haveto confrontme with rvitnesses upon whosetestimony it reliedto obtainconvictton, and I would havethe right to crossexamine thosewitnesses.

E-FILED 2013 OCT 14 4:25 PM SAC - CLERK OF DISTRICT COURT

(7). At trial, I would be entitledto presentwitnesses to testiryon my behalfand to compulsory process to secure thosewitnesses. guilty, I waivemy right to trial, guilty,therewill not be a trial of any kind. By pleading E . By pleading and will be treatedas if I had beentried and found guilty by a jury. F . The Court, in determiningwhether there is a factual basisfor this plea of guilty, may make such a determination by examining the Murutes of Testimony attached to the Trial Information, by the offense,or agentswho have investigated reviewingthe investigativereports of law enforcement the material factsthat would be ofleredat trial. to reciteand summarize by askingme or counsel madebetweenthe Stateand The Court hasthe discretionto acceptor reject any plea agreement guilty to Count I as charged. The recommended myself The plea agreementis: I lvill Dlead will be to the custodv of the Director of the lowa Department of Correctionsfor an sentence of mv serving sixty (60) davs in the Sac Countv Jail. I will be placed on probation to the 2"" for a period of two vears. I understand Judicial District Department of Correctional Services that I will be given credit for iail time previously served.that I will be eligible for the Sac Countv Jail Work Release Program, and that I will start serving the iail sentenceon November 25. 2013 at 8:00 a.m. The iail sentencewill run concurrentlv with the iail ordered in sentence ordered in Count ll. and rvill also run concurrentlywith anv iail sentence Sac Countv District Court case SRCR0I2355 and iail time ordered in the contempt/ The Countv revocation proceedins in Sac Countv District Court case #FECR0|2240. Attornev will recommend that the fine in the amount of $625.00be suspended. I rvill pav court costsand court apnointed attornev feesl to be paid as ordered bv the court. Anv no contact order previously issued in this matter shall remain in effect for the length of mv probation,

of all costs to pay court costs,pa),rnent This plea agreementincludesthat I will be responsiblc conection(ail) fee for anyjail time and all victim restitution, and feesincurredfor legalassistance, (see paragraph punishments B) applicable to my case. andmandatory surcharges havebeen GUILTY and that no tllreatsor promises I now stateto the Court that I am, in t-act of the crime madeto induceme to entermy plea of guilty. I havebeeninfbrmedthat the elements are: me. the natureofthe charge against alarm. or improDerlv influencethem. I understand G. This offenselvas committed by me in Sac County lowa by my doing the following: I did on f the car Street in Wall Lake. and/or aided Josh Skirvin in doine the same.and I did so with the intent to intimidate. annoy or alarm. or improperly influence the residents at 304 Shenvood in bv mvselfon or about June 29. 2013. retaliationfor their reportins of a crime perDetrated I herebystatethat I submitthis written plea of guilty with full knowledgeand waiverof rny rights and I do so lieely and voluntarily. No threatshavebeenmadeagaurstme to obtain this gurlty plea. No to havebeenmade,exceptfor any plea bargaindisclosed promises or tbvorable treatment of leniency quiltv plea. the Coufi at the time of this

E-FILED 2013 OCT 14 4:25 PM SAC - CLERK OF DISTRICT COURT

COUNT II I, the undersigned Defbndant,havc carefullyreadand fully understand the following: H. For Count II, I am charged with STALKING' an Aggravated Misdemeanor, in violationof Iowa Code Section708.1l(2) and Section708.1 1(c). I now request that my pleaofnot guiltybe changed to a Pleaof Guilty to Count lI. I. The above-statedoflbnse is an Aggravatcd Misdemeanor which carries a maximum penalty of imprisonmentnot to exceed two (2) years and a $6,250 fine, plus statutory surcharges; I further understand that the mmimumfine is $625 plus a surcharge of 35%; and that I may be requiredto pecuniary makerestitution of damages to any victim of this crime and of court appourted attomey fees,if any,and pay the court costs. In addition,if the chargcis a violationofCode Chapters 124, 1 5 5 A4 . ,5 3 8 ,7 1 3 , 7 1 4 , 7 1 5 1 ' , 7 1o 6r, l o w a C o d eS e c t i o n7 s1 9 . 8 , 7 2 5 . 1 , 7 2 5 o .2 r, 7 2 5 . 3t,h e r e i sa n additional surchargeof $125. ln addition, I may be required to pay conectional fees for incarcerationand enrollment fees for supervisedprobation. I have likewise been informed of all other sentencing options that may be availableto the Courl, includingbut not limited to the delerral ofJudgment and Sentence, the grantofprobationandthe suspension ofsentence imposed.

judgmentor defenedsentence J. I understand that a criminalconviction, defened may affectmy status underfederalimmigration laws. K. If I pleadnot guilty, I would be entitledto the followingrights. I give up theserightsby pleading guilty: (l). The right to a speedy and publictrial by a jury of twelvepeople. (2). The right to have an attorneyrepresent me at trial and, if the Court found I was unableto public affordan attoniey,the Courl would, at expense, appointan attorneyto represent me. (3). At trial, I would be presumedinnocent until such time, if ever, the State established my guilt beyond a reasonable doubt. (4). At triat,a jury vcrdictof guilty would haveto be unammous. (5). At trial, i would have the privilege against seliurcrimination, that is, I cannot be lorced to testify,and if I choosenot to testify,the Statemay not commenton the fact of my failureto testify and, at my request,I would be entitled to a jury instructionstating that the jury could not infer guilt from my failure to testify. (6), At trial, the Statewould haveto confrontme with witnesses upon whosetestimony it reliedto obtainconviction, and I would havethe right to crossexamine thosewitnesses. (7). At trial, I would be cntitled to presentwitnesses to testify on my behalfand to compulsory process to secure thoscwitnesses. L. By pleadingguilty, there will not be a trial of any kind. By pleadingguilty, I waive my right to trial, and will be treatedas if I had beentried and fbund guilty by a jury.

E-FILED 2013 OCT 14 4:25 PM SAC - CLERK OF DISTRICT COURT

M. The Court, in determiningwhether there is a factual basis for this plea of guilty, may make such a determination by examrrurg the Minutes of Testimony attached to the Trial Information, by reviewingthe investigativereports of law enforcementagentswho have investigated the offense,or by askingme or counselto recite and summarize the materialfacts that would be offered at trial. The Court has the discretionto acceptor reject any plea agreement madebetweenthe State and niyself The plea agreementis: I will plead suilty to Count II as charsed. The recommended sentence will be to the custodv of the Director of the lowa Deoartment of Correctionsfor an Jail. I wi Judicial District Denartment of Correctional Senices for a period of two vears. I understand that I will be given credit for iail time nreviouslv served.that I will be eligible for the Sac Countv Jail Work Release Program. and that I will start serving the iail sentenceon November25. 2013 at 8:00 a.m. The iail sentence will run concurrentlywith the iail sentence ordered in Count l. and will also run concurrentlv with anv iail sentence ordered in Sac County District Court case SRCR0I2355 and iail time ordered in the proceedine in Sac Countv District Court case #FECRO12240. contempt/revocation The County Attornev will recommendthat the fine in the amount of $625.00be suspended.I will pav coutt costsand court apnointed attornev fees:to be paid as ordered bv the court. Any no contact order nreviouslv issuedin this matter shall remain in effect for the lenqth of mv probation.

This plea agreementincludesthat I ivill be responsible to pay court costs, payrnentof all costs victim restitution, and feesincurredfor legalassistance, corection (ail) fee for anyjail time and all punishments (seeparagraph surcharges and mandatory B) applicable to my case. I now stateto the Court that I am, in fact GUILTY and that no threatsor promises havebeen madeto induceme to entermy plea of guilty. I havebeeninformedthat the elements of the crime are: Defendant engaged in a courscofconduct that would cause person a reasonable to fearbodily injury to. or the deathof suchpersonor a memberof his/herimmediate familv. I understand the nature ofthe charge asainst me. N. This offensewas committed by me in Sac County lowa by my doing the following: I did on or about the 7'" day of July 2013. ensagein a courseof conduct directed at Billv Hutchinson that causedMr. Hutchinson to fear bodilv iniury or death to himself. and I knew or should have known, that mv actions placed reasonablefear of bodilv iniurv or death to Mr. Hutchinson or a member of his immediate family. I herebystate that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threatshave beenmadeagainstme to obtain this guilty plea. No promisesof leniencyor favorable treatment have been made, except for any plea bargaindisclosedto the Coufi at the time of this guilty plea. my pleasof guilty,I realizc: O. If the Court accepts (l). The Court will set a sentencng datenot lcssthanfiftccndaysafterthe dateof its acceptance of this guilty plea unlessI waive this right. In order to contestthis plea of guilty, I must file a Motion

E-FILED 2013 OCT 14 4:25 PM SAC - CLERK OF DISTRICT COURT

in Arrest of Judgmentat least five days prior to sentencrng.The right to file a Motion in Arrest of will be waived by having the Court imposea sentence Judgment today. (2). lfthe Court imposes a sentence today,I will neverbe ableto challenge this pleaofguilty, andI will be giving up my right to directly appealn.ryguilty plea. I ask the Courl to acceptthis plea of guilty to Count I and Count II. I waive the preceding rights and my right to have the Court address me personally.

WAIVER OF MOTTON IN ARREST OF JUDGMENT lfthe Court accepts my pleasof guilty, I wish to be sentenced now. I understand: 1. In orderto contest this pleaof guilty,I must file a Motion in Arrestof Judgment no laterthan45 daysaftera pleaof guilty and no laterthan 5 daysprior to pronouncement ofjudgment,and that the Court will set a sentencingdate not lessthan fifteen days after the date of its acceptance of this guilty pleaunless I waivethis right, and the right to file a Motion in Arrest of Judgment will be waived by having the Court imposea sentence now. 2. By having the Court imposemy sentence now, I will neverbe able to challenge this plea of guiltyand I will be givingup my right to directlyappeal my guilty plea. I herebyrequest the Court sentenceme now and I waive any time to which l may be entitled for sentencing at a later date. WAIVER OF RIGHT TO BE PRESENT I have been fully advisedthat I have a constitutionalright to be present at my sentencingand present evidence n my own behalf. I understand that it is my choiceto be present or not, and that no onecarr exclude me liom sentencng. With the abovein rnind, and further understanding that my decisionwhetherto be presentor not is my own decision,I herebyknowurgly and voluntarily warvethe right to at my sentencurg.

STATE Ot'IOWA SS SACCOUNTY

/ 4 on tnt,
personally upp""iJ

auv or

,20I],

identicalpersonnamed in and who executed the ofhis/her voluntaryact and deed.

n r et h e u n d c r s i g n e d a .N o t r r l P u b l i ci n a n d l o r s a i LS l tate. be the the same

Publicin and for the Stateoflorva

'F---"gs

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. AGCR012356 Plaintiff, vs. JUDGMENT ENTRY
AGGRAVATED MISDEMEANOR

Count I and Count II CODY ANTHONY DUPRE, DOB: 09/25/1990, Defendant. COUNT I BE IT REMEMBERED that this matter came on for sentencing. The State is represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty herein, which has been reviewed by this Court and is incorporated herein by this reference, knows of no legal cause why judgment should not now be entered, and none appears upon the record. Where upon, the Court finds that the plea of guilty was entered into voluntarily and that Defendant understood his rights which he is waiving, including the right to a trial by jury, the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other rights. The Court finds that the Defendant established a factual basis for the plea of guilty. The Court, therefore, accepts Defendants plea of Guilty and finds that Defendant is guilty of the crime WITNESS TAMPERING, an Aggravated Misdemeanor, in violation of Iowa Code Section 720.4. IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, pursuant to Sections 720.4, 901.5, and 903.1, of the Code of Iowa, that Defendant be sentenced to: 1. The custody of the Director of the Iowa Department of Corrections for an indeterminate prison term of up to two (2) years, which all but sixty (60) days shall be suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for time served. Said jail sentence shall run concurrently with jail sentence ordered in Count II of the above entitled matter; and any jail sentence ordered in Sac County District Court case SRCR012355; and any jail sentence ordered in the contempt/revocation proceeding in Sac County District Court case #FECR012240. a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m. b. Defendant is eligible for the Sac County Jail Work Release Program. c. Defendant shall also be assessed the correctional fee charged by the Sac County Sheriffs Office of $55.00 per day. d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on November 25, 2013 as ordered, the Sac County Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time.

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

2. Defendant is placed on probation to the Second Judicial District Department of Correctional Services, for a period of time not to exceed two (2) years. a. Defendant shall contact the Second Judicial District Department of Correctional Services within five days of this judgment entry to commence probation and pay the required probation fee. b. Defendant shall obey all Federal, State, and local laws and ordinances. c. Defendant shall timely pay all amounts ordered by this Judgment. 3. The fine in the amount of $625.00 is hereby suspended. 4. Defendant shall keep the Clerk of Court notified as to any change in address until all obligations of this case have been completed. COUNT II BE IT REMEMBERED that this matter came on for sentencing. The State is represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty herein, which has been reviewed by this Court and is incorporated herein by this reference, knows of no legal cause why judgment should not now be entered, and none appears upon the record. 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 a trial by jury, the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other rights. The Court finds that the Defendant established a factual basis for the plea of guilty. The Court, therefore, accepts the Defendants plea of Guilty and finds that Defendant is guilty of the crime STALKING, an Aggravated Misdemeanor, in violation of Iowa Code Section 708.11(2) and Section 708.11(c). IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, pursuant to Sections 708.11(2), 708.11(c), 901.5, and 903.1, of the Code of Iowa, that Defendant be sentenced to: 1. The custody of the Director of the Iowa Department of Corrections for an indeterminate prison term of up to two (2) year, which all but sixty (60) days shall be suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for time served. Said jail sentence shall run concurrently with jail sentence ordered in Count I of the above entitled matter; and any jail sentence ordered in Sac County District Court case SRCR012355; and any jail sentence ordered in the contempt/revocation proceeding in Sac County District Court case #FECR012240. a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m. b. Defendant is eligible for the Sac County Jail Work Release Program.

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

c. Defendant shall also be assessed the correctional fee charged by the Sac County Sheriffs Office of $55.00 per day. d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on November 25, 2013 as ordered, the Sac County Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time. 2. Defendant is placed on probation to the Second Judicial District Department of Correctional Services, for a period of time not to exceed two (2) years. a. Defendant shall contact the Second Judicial District Department of Correctional Services within five days of this judgment entry to commence probation and pay the required probation fee. b. Defendant shall obey all Federal, State, and local laws and ordinances. c. Defendant shall timely pay all amounts ordered by this Judgment. 3. The fine in the amount of $625.00 is hereby suspended. 4. Defendant shall keep the Clerk of Court notified as to any change in address until all obligations of this case have been completed. IT IS FURTHER ORDERED Defendant shall pay the court costs herein and the court costs of any action dismissed pursuant to the plea agreement herein; in the amount of $120.00; to be paid as ordered by the court. IT IS FURTHER ORDERED Defendant shall make restitution for his court appointed attorney fees, in the amount of $438.00; to be paid as ordered by the court. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment and all amounts ordered in Sac County District Court cases SRCR012355 and FECR012340, by paying $100.00 per month to the Sac County Clerk of Court with payments to begin on the 15th day of the month following this order, and shall continue on the 15th 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.

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

IT IS FURTHER ORDERED that any no contact order previously issued in this matter shall remain in full force and effect during Defendants probationary period.

Defendant having appeared and sentence being pronounced, IT IS FURTHER ORDERED that any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution.

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 $6500.00.

Original filed EDMS, copy to: County Attorney Defendant/Defense Counsel- Charles Schulte Sac County Jail DOC

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

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

Electronically signed on 2013-10-16 08:58:24

page 5 of 5