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EARL DEAN SCHADE Defendant Case No. 02811 SRCR012558. You have been charged with the crime of: CRIMINAL MISCHIEF 4th DEGREE in violation of Section(s) 716. Of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 06 / 09 / 2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City
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012558 SRCR - Lake View man pleads guilty to 5th Degree Criminal Mischief.pdf
EARL DEAN SCHADE Defendant Case No. 02811 SRCR012558. You have been charged with the crime of: CRIMINAL MISCHIEF 4th DEGREE in violation of Section(s) 716. Of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 06 / 09 / 2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City
EARL DEAN SCHADE Defendant Case No. 02811 SRCR012558. You have been charged with the crime of: CRIMINAL MISCHIEF 4th DEGREE in violation of Section(s) 716. Of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 06 / 09 / 2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City
E-FILED 2014 MAY 27 2:54 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWA Plaintiff
vs
EARL DEAN SCHADE Defendant
Case No. 02811 SRCR012558
Summons or Citation
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: CRIMINAL MISCHIEF 4TH DEGREE in violation of Section(s) 716.6 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 06/09/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. .
YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.
/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court.
Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1). E-FILED 2014 MAY 28 9:02 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR Sac COUNTY ~= o cn i JO cn<- STATE OF IOWA or Plaintiff/Petitioner, Defendaat/Respondent. r i mi n al Civil NO. ^RcgD 1^558 FI NANCI AL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: cf Q f / ^> ?>cJo Q*A ^ Birth Date: OO/ 6 L Home Phone?/3 ' 3 ? 3 L - f t ) Cell Phone: 7# Q % - ^ / 5 Q E-mail: Street Address: / Q- 1 3fo4fo/if Street/P.O. Box Apt # City State Zip Pending charges: In Jail? Yes No Do you have a job? No Job Yes, Full Time Yes, Part Time (List Hours/week: ) Who do you work for? Z^nUr CuJ Grave) (pAWi u C.*)-*A) How much money do you currently make before taxes or deductions? per hour Ulf'month year How much money have you made in the last 12 months from any source, before taxes or deductions? '1 ^ ffi/ How many family members are supported by or live with you? Cy If a spouse lives with you, how much money does your spouse make? per hour month year List all other money you, or anyone else living in your household, has coming i n ( ^ ^ List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: Cog ^?a.'(up 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. Rev. 1/6/12 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
EARL DEAN SCHADE ,
DEFENDANT.
02811 SRCR012558
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 between 125% and 200% of the guidelines, not appointing would cause financial hardship.
Attorney Charles Schulte, a contract attorney, is appointed.
1 of 2 E-FILED 2014 JUN 05 2:29 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE Type: ORDER APPOINTING So Ordered Electronically signed on 2014-06-05 14:28:47 2 of 2 E-FILED 2014 JUN 05 2:29 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, ) ) PLAINTIFF ) Crim No.SRCR012558 ) Vs. ) Appearance and Waiver of ) Preliminary Hear EARL DEAN SCHADEE ) ) DEFENDANT )
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 2014 JUN 09 11:20 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. EARL DEAN SCHADE, Defendant. CASE NO. SRCR012558 TRIAL INFORMATION COUNT 1 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, EARL DEAN SCHADE (Defendant) of the crime of CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a Serious Misdemeanor in violation of Iowa Code section 716.1, committed as follows: On or about May 25, 2012, in Sac County, Iowa, the Defendant purposefully punctured (damaged and / or destroyed) a tire on Mindy Wittrocks car. The Defendant acted with the specific intent to damage and / or destroy the property. When the defendant damaged and / or destroyed Ms. Wittrocks tire, Defendant did not have the right to do so. A TRUE INFORMATION ____________________________ 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 2014 JUL 24 10:19 AM SAC - CLERK OF DISTRICT COURT WITNESS LIST
MICHELLE PEDERSEN, Peace Officer, Lake View Police Department
E-FILED 2014 JUL 24 10:19 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE 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 2014-07-24 10:19:46 page 3 of 3 E-FILED 2014 JUL 24 10:19 AM SAC - CLERK OF DISTRICT COURT Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
EARL DEAN SCHADE ,
Defendant.
Case No: 02811 SRCR012558
ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND
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 Hearing is scheduled on 08/06/2014 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 2014 JUL 24 10:19 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE So Ordered Electronically signed on 2014-07-24 10:19:47 page 2 of 2 E-FILED 2014 JUL 24 10:19 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISRICT COUI{T FOR SAC COUNTY STAI' E OF IOWA. Vs. L,ARL DEAN SCHADE Defendant Date Trial Inlormation t\led: 0712412011 COMES NOW thc Defendant in thc above-captioned criminal case and under oath states: l. I am represented by Attornel Charles A. Schulte. u' hosc address and phone nurnber are 421 Mai n St . , PO Box 392. Sac Ci t -v, I A. 50583: (712) 662-1115. 2. My cunent mailing and residence address and phone numbcr are 121 Blossom St,. P. O. Box 723. Lake Vi ew, l A 51450. My phone numbcr i s. 712-252-9150. My dat c of birth is 02-06-1960. I can read and undcrstand the English languagc and have completed the following level ofeducation: 12 Years. 4. I have beer.r advised b)' my attorne.v and understand that I have a right to arraignment in open Court. and I voluntaril)' rvaive that right. choosing instcad 1o sign this Written Arraignment and Plca ol Not Guiltl. I understand that tirnes fbr ll-rrther proceedings which are computed fiom the datc of arraignment will be computed fror.r.r the date of filing this Written Anaignnient and Plea of Not Guilty. 5. I hale receivcd a copy o1' the Trial Information which charges me u' ith the crime o1' COUNT I: CRIMINAL MISCHIEF IN THE FOURTH DEGREE in violation of l orva Code Sect i on 716. 1. 6. With regard to the name b.v nhich I am charged in the Trial lnlbrmation (either check "a" or chcck and compl et e "b"): ( Ay' f|rc name ol.l the Trial Inforrriation is m.v truc name. I have been advised and unde[tand that I am n61a' precluded from objecting to the l rial Information upon the ground that I anr impropcrly namod. ( )b. fhe name shorvn on the-frial Information is not my true name. My true name is. I request that an entr)' be made in the minutes sholving my true name. I have been advised and understand further proceedings r.vill be had against me by that name. the lrial hrlbrmation ivill be amcnded accordingl.v. and whcn the Trial Information is so amended. I will be precluded liom objccting upon thc grounds I am in]properl.v nanred. 7. I have bcen advised and undcrstand that I ma"v plead guilt-v. not guilty or forner conviction or acquittal. CRI MI NAI , NO SI {CRO12558 WRI' f 1' EN ARRAIGNMENT. PLEA OF NOT GUI LTY E-FILED 2014 AUG 05 9:53 AM SAC - CLERK OF DISTRICT COURT 8. For the purpose ofthis arraignment. I have had sulllcient time to discuss my case rvith mv attorney. and I q' aive any furthcr time in u' hich to enter a plca. 9. I plcad NOT GUILTY to thc charges in paragraph 5 above. 10. I have bcen advised and understand that I havc a right under Rule 2.33(2)(b) ofthe Iov,tt Rules o/ Criminal Procedure ro a trial within ninety days/onc lear after thc filing of the Trial Inlbrmation and (check eitl.rer "a" or "b"): -/'' 1ffilI demand speedy trial pursuant to Rule 2.33(2)(b) and (c) ( ) b. I $' aivc my riglrt to a speedy trial pursuant to Rule 2.33(2)(b) and (c) 11. I request that a trial date bc set pursuant to Rule 8.1 ofthe lon a Rules of' Criminal Procedure. My attorne.v and I rvill be available for trial on the following days: Any Ti me. \ , / ( ) n s. ? / t . /_"6c-u > >.-UaaP I )el cndant Original to be filcd with Clerk of Court Copy provided to: County Attorncy Altorney for Del' endant E-FILED 2014 AUG 05 9:53 AM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
EARL DEAN SCHADE ,
Defendant.
Case No: 02811 SRCR012558
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on August 5, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows: Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 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 09/30/2014 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.
1 of 3 E-FILED 2014 AUG 05 11:08 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 2014 AUG 05 11:08 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-08-05 11:08:11 3 of 3 E-FILED 2014 AUG 05 11:08 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. EAR DEAN SCHADE, Defendant. Case No. SRCR012558 REPORT OF PRETRIAL CONFERENCE THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT: On September 17, 2014, the parties conducted a Pretrial Conference as ordered, or in anticipation of the same. The State of Iowa appeared by Sac County Attorney Ben Smith. Defendant appeared by Attorney Chuck Schulte. The parties, through the undersigned, represent the following to the Court: A plea agreement has been reached the terms of which are as follows: Defendant agrees to plead guilty to the amended charge of FIFTH DEGREE CRIMINAL MISCHIEF (Simple Misdemeanor), pay all costs and restitution, but no fine. In consideration, the State agrees to recommend the foregoing and that Defendant NOT be placed on probation. Defendant intends to submit a written guilty plea by October 1, 2014. Defendant intends to waive presence at sentencing. Defendant intends to waive time between plea and sentencing. __________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org E-FILED 2014 SEP 17 1:51 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
EARL DEAN SCHADE ,
Defendant.
02811 SRCR012558
ORDER
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 either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 10/01/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
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 2014 SEP 17 3:38 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE Type: OTHER ORDER So Ordered Electronically signed on 2014-09-17 15:38:37 2 of 2 E-FILED 2014 SEP 17 3:38 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, No. SRCR012558 Plaintiff, REQUEST FOR LEAVE OF vs. COURT TO AMEND TRIAL INFORMATION EARL DEAN SCHADE, 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 FIFTH DEGREE, a Simple Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6. 5. A copy of the amended and substituted Trial Information is attached. 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: 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 _September 22, 2014 by: [ ] U.S. Mail [x ] EDMS Signature: /s/Norma Hecht E-FILED 2014 SEP 22 11:20 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012558 Plaintiff, AMENDED vs. TRIAL INFORMATION EARL DEAN SCHADE, DOB: 02/06/1960 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, Earl Dean Schade of the crime of CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6 committed as follows: On or about May 25, 2014 in the County of Sac and State of Iowa, the said Defendant, Earl Dean Schade, did unlawfully and willfully intentionally damage, deface, alter or destroy tangible property, by purposefully puncturing a tire on Mindy Wittrocks car, and the cost of replacing, restoring and/or repairing of which is $200 or less. A TRUE INFORMATION Prosecuting Attorney Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org E-FILED 2014 SEP 22 11:20 AM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
EARL DEAN SCHADE,
Defendant.
Case No. SRCR!"##$
ORDER
NOW, on t%is "" nd da& of Se'te()e*, "!+, t%e Co,*t is in *e-ei't of t%e State.s Re/,est fo* Leave of Co,*t to A(end T*ial Info*(ation. T%e Re/,est s%o,ld )e 0*anted. IT IS THEREFORE ORDERED t%at t%e State.s Re/,est is 0*anted. T%e T*ial Info*(ation is a(ended to '*ovide t%at Defendant is no1 -%a*0ed 1it% C*i(inal 2is-%ief in t%e Fift% De0*ee, a si('le (isde(eano*, in violation of Io1a Code Se-tions 3!4.! and 3!4.4.
Cle*5 to f,*nis% -o'ies to6 Co,nt& Atto*ne& Defense Co,nsel
E-FILED 2014 SEP 22 2:41 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE So Ordered Electronically signed on 2014-09-22 14:41:05 page 2 of 2 E-FILED 2014 SEP 22 2:41 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
EARL DEAN SCHADE ,
Defendant.
02811 SRCR012558
ORDER
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 either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 10/15/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
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 2014 OCT 01 10:00 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE Type: OTHER ORDER So Ordered Electronically signed on 2014-10-01 10:00:00 2 of 2 E-FILED 2014 OCT 01 10:00 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. EARL DEAN SCHADE, DOB: 02/06/1960 Defendant. No. SRCR012558 GUI LTY PLEA (Amended-Simple Misdemeanor) COUNT I I, the undersigned Delendant. have carefully read and fully understand the followutg: I am charged wi t h CRI MI NAL MI SCFI I EF l N THE FO{I RTH DEGR-EE, a Se. i ous Misdemeanor, in violation of Iowa Code Section 716.1. ln conjunction with a Plea Agrecment made with thc Sac County Attomey whereby he will arnend Count I to a charge of CRIMINAL MISCHIEF IN TIIE 1' IFTH DEGREE, a Sirnple Misdemeanor, in violation of lowa Code Sections 716.I and716.6. I now request that my plea ofnot guilty be changed to a Plea of Guilty to the amended charge of' CRIMINAL MISCHIEF lN THE FIFTH DEGREE' a Simple Misdemeanor, in violation of Iowa Code Sections 716. I and 71 6.6. The maximum punishnent for a Simple Misdemeanor is imprisonment of not more than thirty days in jail, and a tine ofnot more than $625.00 plus statutory surcharges, plus all court costs and all costs and fees incuned fbr legal assistance. There is a minin.tum fine of 565.00, which is immediately due on the date of sentencing, unless a pa)'ment plan is approved by the court within thirty days of the Judgment entry. [n addition, if the charge is a violation of lowa Code Chapt er s, 124, 155A, 453B, 713, 714, 715A, 716, or l owaCodeSect i ons719. 8, 725. 1, 725. 2 or' 725.3, there is an additional surcharge of $125. I ackrowledge that the Court may order me to perfonn community service work if the court is ofthe opinion that conxnunity service work will deter and discourage others ftom similar climrnal activity. (The rate at which community service shall be calculated against my fine shall be the federal minimum wage.) In addition, I may be required to pay correctional fees for incarceration and enrolln.rent fees for probation. I am aware that sentencing options may include deferral of Judgment and Senlence, the grant ofprobation and the suspcnsion ofthe sentence irrposed. I understand that a crinxnal conviction, defened judgment or defened sentence may afl'ect my status under federal inmigration laws. If I plead not guilty, I would be entitlcd to the lbllowing rights. I give up these rights by pleading guilty: (l). The right to a speedy and public trial by ajury 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 u"ould, at public expense, appoint an atlorney to represent me. (3). At trial, I would be presumed innocent until such time, if ever; the State established my gui l t bel ond a reasonabl e doubt . (4). At trial, a jury verdict of guilty would bave to be unanimous. B. C. l ) . E-FILED 2014 OCT 09 2:11 PM SAC - CLERK OF DISTRICT COURT (5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to testify, and ifI choosc not to testiry, the State may not conmlent on the fact ofmy failure to testify and, at my request, I would be entitlcd to a jury instruction stating that the jury could not infer guilt liom my failure to testify. (6). At trial, the State would have to conllont me with witnesses upon whose testimony it relied to obtaur 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 cornpulsory process to secure those witncsses. E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive n.ry right to trial, and will be treated as if t had been tried and found guilty by a jury. F. The Court, in determining rvhether there is a factual basis for this plea of guilty, may make such a determination bV examrnrng the Minutes of' Testir:tony 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 Courl has the discretion to accept or reject any plea agreement made between the State and myself. The nlea agreement is the CountJ, Attome)' will arnend the charge to CRIMINAL MISCHIEF IN THE FIFTH DEGREE. a Simplc Misdcmcanor in Violation of Iowa Codc Scctions 716.1 and 716.6 and I will plead guiltv to the amended charge. The Countv Attomev will recommend that the $65.00 hne bc suspended. I will pav the Law Enforcement Surcharge in the amount of$125.00. restitution lr thc amount of$200.00 for the costs of tire replacement. court appointed attomey fees. and coun costs: to be paid as ordered bv the Court. This plea agreement includes that I will be responsible to pay court costs, pa)4nent ofall costs and fees incurred for legal assistance, victim restitution, correction (ail) fee for any jail time and all surcharges and n.nndatory punishments (see paragraph B) applicable to my case. I now state to the Court that I am, ir lact 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: Unlawfullv and willfully intcntionallv damage. deface. alter or destroy tansible propertv. and the cost ofreplacing. restorrng and/or repairing of which is $200 or less. I understand the nature o1' the charge agahst urc. This offense was committed by me in Sac County Iowa by my doing the following: On puncture a tir on Mindv Wittrock' s car. and the cost of reDlacing. restoring and/or repairinq of which is $200 or less. I hereby state that I submit this written plca of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threats havc been rnade against rne to obtain this guilty plea. No promises of leniency or favorable treatnlent have been made, except for any plea bargain disclosed to the Court at the time oflhis guilty plea. G. lf 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. ln order to contest this plea ofguilty, t E-FILED 2014 OCT 09 2:11 PM SAC - CLERK OF DISTRICT COURT 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). lfthe court imposes a sentence today, I will never bc able to challenge this plea of guilty, and I will be giving up my right to directly appeal rny guilty plea. I ask the court to accept this plea ofguilty. I waive the preceding rights and my right to have the court address me personally WAIVER OF MOTION IN ARREST OF JUDGMENT lfthe court accepts my plea of guilty, I wish to be sentenced now. I understand that: 1. In order to contest this plea of guilty, I 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. ancl that the court rvill set a sentencing date nct iess tlian liftccn 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 Courl 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 hcreby request the Court sentence me now and I waive any tin.re to which I may be entitled for sentencing at a later date. WAI VER OF RI GHT TO BE 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 thal no one can exclude me lrom sentencilg. With the above in n.rind, and further understanding that my decisron rvhether to be present or not is my own decision, I hereby knou' ingly and voluntarily waive the right to be present at my sentencing. STATE OF IOWA SAC COLINTY on rhs 4 dty ol () 6l . 201,1. bcl brc me the undersi gned, a Notary Publ i c i n ancl for sai d stut., p"r.onully upp. urra Ei7 t 1a.ho J . . :, !u lr" SS known to be thc i denti cal person namctl i n and $hb erecuted thc foregoi 99 i nstrumcnt, and executed the samc ofhi s vol untary act and dccd. that he Dcfcndant, Earl Dean Schadc Notary Publ i c i n and fbr the E-FILED 2014 OCT 09 2:11 PM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
EARL DEAN SCHADE ,
Defendant.
02811 SRCR012558
Order Accepting Plea and Setting Sentencing
NOW on 10th day of October, 2014, the defendant submits a verified Written Plea of guilty. The defendant is charged with Criminal Mischief in the Fifth Degree, a Simple Misdemeanor, in violation of Section 716.1 and 716.6, of the Iowa Code.
The defendant states that defendant is ready to plead and enters a plea of guilty. The written plea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, with an understanding of the charge, with knowledge of the penal consequences of the plea, with full knowledge of the defendant's constitutional rights, and that said rights are waived by a plea of guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual basis for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of defendant's rights contemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and State v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea is made a part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
Sentencing Hearing is scheduled on 10/15/2014 at 10:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa , in Courtroom 1
To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certify the defendant's participation in fingerprinting procedures at or before the time set for judgment and sentencing proceedings.
1 of 2 E-FILED 2014 OCT 10 10:20 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE Type: ORDER TO ACCEPT PLEA So Ordered Electronically signed on 2014-10-10 10:20:15 2 of 2 E-FILED 2014 OCT 10 10:20 AM SAC - CLERK OF DISTRICT COURT
1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
EARL DEAN SCHADE,
Defendant.
SRCR01255
RECORD OF PLEA OF GUILTY AND SENTENCING ORDER
DATE: O!t"#e$ 15, 201%
CHARGE: C$i&inal 'i(!)ief, Fift) De*$ee, a (i&+le &i(de&ean"$, in vi"lati"n "f I",a C"de - .1/.1 and .1/./
8. T)e C"0$t *$ant( t)i( (enten!e #e!a0(e it +$"vide( f"$ Defendant2( $e)a#ilitati"n and t)e +$"te!ti"n "f t)e !"&&0nit1. T)e C"0$t )a( !"n(ide$ed t)e (enten!in* $e!"&&endati"n "f t)e +a$tie(. %. Defendant )a( a (tat0t"$1 $i*)t t" a++eal #1 filin* ,$itten n"ti!e "f a++eal ,it) t)e Cle$3 "f C"0$t "f t)i( !"0nt1 ,it)in 80 da1( "f t)e date "f t)e(e +$"!eedin*(. If Defendant i( 0na#le t" +a1 t)e !"(t( "f a++eal, Defendant &a1 a++l1 t" t)e C"0$t f"$ a++"int&ent "f !"0n(el and t)e f0$ni()in* "f a t$an(!$i+t "f t)e eviden!e a( +$"vided in I",a C"de Se!ti"n( 1%.7 and 1%.11. Filin* a n"ti!e "f a++eal ,it)in t)e ti&e and in t)e &anne$ (+e!ified in I",a R0le "f A++ellate P$"!ed0$e /.101 i( 60$i(di!ti"nal and fail0$e t" !"&+l1 ,it) t)e(e +$"vi(i"n( ()all +$e!l0de Defendant2( $i*)t "f a++eal. 5. A++eal A"nd i( (et in t)e (0& "f <1,000.00, !a(). /. An1 !a() #ail +"(ted #1 Defendant "$ "n Defendant2( #e)alf #1 a t)i$d +a$t1 t)at )a( a!3n",led*ed "$ a*$eed t)at t)e &"ne1 +"(ted !an #e a++lied t",a$d Defendant2( finan!ial "#li*ati"n( ()all #e a++lied t",a$d Defendant2( finan!ial "#li*ati"n(. All !a() #ail $e&ainin*, if an1, afte$ +a1&ent "f Defendant2( finan!ial "#li*ati"n( and all !a() #ail +"(ted #1 a t)i$d +a$t1 t)at )a( n"t a!3n",led*ed "$ a*$eed t)at t)e &"ne1 +"(ted !an #e a++lied t",a$d Defendant2( finan!ial "#li*ati"n( i( )e$e#1 eB"ne$ated and ()all #e $et0$ned t" t)e +e$("n +"(tin* t)e !a() #ail. All n"n5 !a() #ail #"nd( +"(ted, if an1, a$e )e$e#1 eB"ne$ated.
Clerk Shall Furnish Coies To: C"0nt1 Att"$ne1 Defen(e C"0n(el
E-FILED 2014 OCT 15 1:32 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title SRCR012558 STATE VS EARL DEAN SCHADE So Ordered Electronically signed on 2014-10-15 13:32:00 page 3 of 3 E-FILED 2014 OCT 15 1:32 PM SAC - CLERK OF DISTRICT COURT