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10 VIA
FILED
2DU
JUL 30 PH3:M
Sac
COUNTY
Criminal
STATE OF IOWA or
PlaintiftTPetitioner,
Civil
No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:
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Birth Date:
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Home Phone:
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E-mail:
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:
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Street Address:
Apt #
Street/P.O. Box
Pending charges:
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No Job
City
State
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Zip
In Jail? ^ Y e s No
How much money have you made in the last 12 monthsfromany source, before taxes or deductions?
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List all other money you< or anyone else living in your household, has coming in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than$100:
t- i- 3"
I
y
List amounts you pay monthlyformortgages, 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 mformation submitted on this
financial affidavit. I promise nnder penalty of perjury that the statements I make in this application are true
and that I am nnable to pay for an attorney to represent me.
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Date
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Signature
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Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
SHAWN PATRICK FREIER ,
02811 AGCR012610
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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.
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Case Title
STATE VS SHAWN MICHAEL FREIER
ORDER APPOINTING
So Ordered
2 of 2
TRIAL INFORMATION
COUNT III
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, Shawn Patrick Freier of
the crime of TAMPERING WITH RECORDS, an Aggravated Misdemeanor in violation of Iowa
Code Section 715A.5 committed as follows:
The said Defendant, Shawn Patrick Freier, on or about July 27, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully falsify, destroy, remove, or conceal a writing
or record, with the intent to injure, deceive, or to conceal a wrongdoing.
A TRUE INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
V.S., A JUVENILE, STUDENT
MELISSA SHULL, OCCUPATION UNKNOWN
STEVE SPOTTS, PRESIDENT, IOWA STATE BANK
Case Number
AGCR012610
Case Title
STATE VS SHAWN MICHAEL FREIER
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
page 4 of 4
STATE OF IOWA,
Plaintiff,
vs
Defendant.
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 08/20/2014 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.
Case Number
AGCR012610
Case Title
STATE VS SHAWN MICHAEL FREIER
So Ordered
page 2 of 2
Defendant.
The defendant having filed a written arraignment in this matter on August 11, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 10/01/2014 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 11/04/2014 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.
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2 of 3
Case Title
STATE VS SHAWN PATRICK FREIER
ORDER SETTING TRIAL
So Ordered
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02811 AGCR012610
VS
SHAWN PATRICK FREIER
ORDER
Defendant
The protected party has requested that the no contact order be lifted. The court is not willing to
consider that request at this early time. In 90 days or so the court will take a second look if the
protected party makes an application at that time. In the meantime, if there is contact in violation of
the court's order then both parties will be subject to a contempt action and will likely be sentenced to
a jail sentence. The court wants to emphasize to the defendant and the protected party the liklihood
that a jail sentence would be the result of such a violation.
1 of 2
Case Title
STATE VS SHAWN PATRICK FREIER
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012610
ORDER OF CONTINUANCE
This matter is continued, Pretrial Conference is scheduled on 10/15/2014 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS SHAWN PATRICK FREIER
ORDER FOR CONTINUANCE
So Ordered
2 of 2
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 14, 2014, the parties conducted a Pretrial Conference as ordered,
or in anticipation of the same. The State appeared through Sac County Attorney
Ben Smith. The Defendant appeared by his attorney, Sarah Smith. The parties,
through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
The Defendant has agreed to plead guilty to count one, pay restitution and all
applicable minimum fines / penalties and costs. The State has agreed to dismiss
counts two and three, recommend that Defendant receive a deferred judgment,
and further recommend that Defendant be placed on informal probation through
the Sac County Probation Office for one year.
Defendant intends to submit a written guilty plea by October 22, 2014.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
Additionally, in support of the parties joint recommendation for a deferred
judgment, the parties state that Defendant is 19 years old, has no prior criminal
history, and is currently attending college.
__________________________
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
STATE OF IOWA,
02811 AGCR012610
Plaintiff,
vs.
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 11/05/2014 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
Case Title
STATE VS SHAWN PATRICK FREIER
OTHER ORDER
So Ordered
2 of 2
COMES NOW Sac County Attorney Benjamin John Smith, as prosecuting attorney for the State of
Iowa, and states to the Court the victim requests that restitution be ordered in the above-captioned cause as
shown below.
Victim Name/Address:
VICTORIA SHULL
961 6TH ST
LAKE VIEW IA 51450
Type of Loss
Financial Damages
Amount of Loss
$75.00
$51.15
Deductible
$ n/a
$ n/a
Restitution Amount
$ 75.00
$ 51.15
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all
parties to the above cause by:
[x ]
Depositing in the U.S. Mail, postage prepaid, in an
envelope addressed to the victim as disclosed on the
pleadings; and by
[ x]
EDMS to the Attorney of record as disclosed on the
pleadings on October 16, 2014 by: /s/Norma Hecht
AGCR012610 (Count I)
Plaintiff,
v.
November 7, 2014
CHARGE:
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is granted a deferred judgment pursuant to Iowa Code
Sections 901.5 and 907.3.
2.
Defendant shall pay all of the following financial obligations:
a.
a civil penalty of $625.00, pursuant to Iowa Code Section 907.14;
b.
court-appointed attorney fees as certified by Ms. Smith;
c.
a $125.00 law enforcement initiative surcharge pursuant to Iowa
Code Section 911.3;
d.
restitution in favor of Victoria Shull in the amount of $126.15; and
e.
the court costs of this action;
Defendant shall pay all financial obligations owed to the Clerk of Court of
this county or online at www.iowacourts.gov. Defendant shall make payments
according to a plan of payment developed by his probation officer.
3.
Defendant is placed on probation under the following terms and
conditions:
a.
b.
(2)
(3)
Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation; and
(4)
4.
The Court grants this deferred judgment because it provides for the
rehabilitation of Defendant and for the protection of the community. The Court has
considered the recommendation of the parties with respect to disposition. The terms of
this Order are appropriate in light of the relevant facts, including Defendant's criminal
record, or lack thereof, and/or the circumstances of the case.
5.
Due to the fact that judgment has been deferred, appeal rights do not
apply.
6.
Defendant is advised that, in the event Defendant does not fulfill the
conditions of probation, in addition to potential contempt of court sanctions, the Court
may revoke Defendants probation and impose any sentence authorized by law.
7.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
8. IT IS FURTHER ORDERED that Counts II and III of the Trial Information are
dismissed upon motion of the county attorney and pursuant to plea agreement. Costs
are taxed to the Defendant.
9. IT IS FURTHER ORDERED that the no-contact order issued July 30, 2014,
protecting Victoria Shull is hereby cancelled.
OTHER ORDER
Case Number
AGCR012610
Case Title
STATE VS SHAWN PATRICK FREIER
So Ordered
page 4 of 4
Order of Protection
This order can be verified during business hours
with the SAC County Clerk of Court at:
(712) 662-7791.
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2 of 3
Case Title
STATE VS SHAWN PATRICK FREIER
NO CONTACT ORDER LIFTED
So Ordered
3 of 3