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E-FILED 2014 SEP 09 4:04 AM SAC - CLERK OF DISTRICT COURT

DISTRICT COOili ur IOWA


SAC COUNTY
FILED

281 ii SEP 10 AH 9: OU
Sac

IN T H E I O W A DISTRICT C O U R T F O R .

COUNTY

Civil

Criminal

S T A T E OF I O W A or

NO. flfrfgq;kM3.

Plaintiff/Petitioner,

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.

In support of my application for appointment of connsel, and under penalty of perjury, the andersigned states
Name:

BirthDate:

Home Phone: W
Street Address:

)OWd-

Pending charges:

<$<'
Street/P.O. Box

Ov\V^^

Do you have a job?

Cell Phone: 4fr 1 ^

d No Job

^6
Apt#

jE-mail:

Couti^j/
City

b i V * ^ ' ft) ft r l v u f
^

Yes, Full Time

J?A
State

SI SO 3
Zip

f ( > ^ f L ^ i M ' 0 - InJail? Yes a~5Jo

Yes, Part Time (List Hours/week:

3^-

pt

Who do you work for? _


j

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

? 3>

per -&(fhour

How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you?

(/

month

year

Q /, &OQ

^ </

If a spouse lives with you, how much money does your spouse make?

'

per

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

hour
J

month

year

U/fffK.

List what
L,ist
wnai you
you own
own including
including money
money in
m banks,
DanKs,cars,
cars,trucks,
trucks, other
othervehicles,
vehicles, land,
land,houses,
hous buildings, cash, or anything
else worm more than $100:
My
^"C/
W *-2.J/\.
Pr^hfj

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

ftJ^t

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 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

M l f

Signature

"

^
Rev. 1/6/12

E-FILED 2014 SEP 10 1:28 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
JOHN DAVID ZELLMER ,

02811 AGCR012643
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.

Attorney Charles Schulte, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 SEP 10 1:28 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012643
Type:

Case Title
STATE VS JOHN DAVID ZELLMER
ORDER APPOINTING
So Ordered

Electronically signed on 2014-09-10 13:28:24

2 of 2

'b&.Wtt&

DISTRICT COU;;i CF I'OWA


SAC COUNTY
FILED
IN THE IOWA DISTRICT COURT F O R SAC COUNTY

20iiiSFP- in PH 2". 57
M A G I S T R A T E DIVISION
STATE O E IOWA,
MAGISTRATE NO.

Plaintiff

INITIAL APPEARANCE

Defendant
On this ^ ^
. day of ^ ^ f \ ^ r L u \ J , 2 0 _ / the Defendant herein appears before the
pndersigned Magistrate in and for Sac County, having been charged with the crime of d f t i / j M jjJKi f-g.
.
_ . being a violation of Section
of the Code of
Iowa.
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 ofthe proceeding and, ifthe 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 of Section


Felony - Class
*^
Aggravated Misdemeanor
Serious Misdemeanor

Sat,si \

. which is-classified as:

3. That the Tna-rimnm punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
3y Years Prison
1
And/Or S 2 Cl- loFine i f S ^ *
i CijfJ
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 fUed with
this Court.

5-

()
You will be released from custody prior to trial on your own promise to appear at all
farther court proceedings. Ifyou willfully fall to appear before any court as required, you shall be
guilty of a Ctess=^lony/serious misdemeanor; or
(b)
(If appropriate) Upon consideration pf 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 foDowing conditions on your release:

6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of fhe 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
_
A
^,
X ' Set for fhe 3\ &k- day of
20__ at ?0;
A M . in the
Magistrate Courtroom, Courthouse, Sac City, Sac Comity, Iowa.
f [

f*^a.prelzniliiary hearing date has been set, you should contact the county attorney at (712) 662-4791 \
\_b_fore attending this hearing to determine whether or not it will be held.
~ ~ '

(Jom

<k

Qrv^Jb / f l tl d**"**"

_ Uf fv So

8. TF Y O U H A V E NOT B E E N FINGERPRINTED A N D PHOTOGRAPHED FOR THIS


OFFENSE, Y O U MUST REPORT TO THE SAC COUNTY SHERIFF'S D E P A R T M E N T WITHIN 10 D A Y S
F R O M THIS D A T E T O DO SO. TF DEFENDANT HAS N O T PRESENTED T H E M S E L V E S WITHIN 10
DAYS F R O M THIS D A T E , T H E S A C COUNTY SHERIFF'S DEPARTMENT IS ORDERED A T EOS
CONVENIENCE TO P I C K UP DEFENDANT TO B E PHOTOGRAPHED AND FINGERPRINTED.

If you require fhe assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district A D A coordinator at (641) 421-0990. (Ifyou are hearing impaired, cal] Relay Iowa
T T Y at 1-800-735-2942.)

Warren L . Bush

Copies to:
County Attorney
Defendant
Sac County Sheriff

, Judicial Magistrate

E-FILED 2014 SEP 10 3:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,


PLAINTIFF
Vs.
JOHN DAVID ZELLMER
DEFENDANT

)
)
)
Crim No. AGCR012643
)
) 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 2014 OCT 01 10:22 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. AGCR012643

TRIAL INFORMATION

JOHN DAVID ZELLMER,


DOB: 09/23/1986
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in
the name and by the authority of the State of Iowa, accuses Defendant, John David Zellmer of
the crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER
SECTION 321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of
Iowa Code Sections 321.560 and 321.561 committed as follows:
The said Defendant, John David Zellmer, on or about September 9, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the
state while license has been barred for being a habitual offender under section 321.555 and
321.556 of the Code of Iowa.
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 OCT 01 10:22 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. JOHN DAVID ZELLMER


Criminal No. AGCR012643
COUNT I: Operating a Motor Vehicle While License is Barred Under Section 321.560 as
a Habitual Offender

NAMES OF WITNESSES:
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OF


TRANSPORTATION

E-FILED 2014 OCT 01 10:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
AGCR012643

Case Title
STATE VS JOHN DAVID ZELLMER

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 2014-10-01 10:23:22

page 3 of 3

E-FILED 2014 OCT 01 10:22 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 AGCR012643


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

JOHN DAVID ZELLMER ,

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 10/15/2014 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 OCT 01 10:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
AGCR012643

Case Title
STATE VS JOHN DAVID ZELLMER
So Ordered

Electronically signed on 2014-10-01 10:23:23

page 2 of 2

E-FILED 2014 OCT 15 12:49 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


02811 AGCR012643

STATE OF IOWA,
Plaintiff,
v.

ORDER RESCHEDULING ARRAIGNMENT


JOHN DAVID ZELLMER ,
Defendant.

The arraignment currently scheduled in this matter needs to be rescheduled.


IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 11/05/2014
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:

County Attorney
Defendant
Defense Counsel

1 of 2

E-FILED 2014 OCT 15 12:49 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012643
Type:

Case Title
STATE VS JOHN DAVID ZELLMER
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2014-10-15 12:49:15

2 of 2

E-FILED 2014 OCT 16 10:26 PM SAC - CLERK OF DISTRICT COURT

Date: 10/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

AGCR012643

No.
vs.

JOHN DAVID ZELLMER


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.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________


Date____10/16/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2014 OCT 17 9:25 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 AGCR012643

vs.
JOHN DAVID ZELLMER ,

ORDER

DEFENDANT.

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 31, 2014. If any objection is filed on or
before October 31, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before October 31, 2014, 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
JOHN DAVID ZELLMER

1 of 2

E-FILED 2014 OCT 17 9:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012643
Type:

Case Title
STATE VS JOHN DAVID ZELLMER
OTHER ORDER
So Ordered

Electronically signed on 2014-10-17 09:25:45

2 of 2

E-FILED 2014 OCT 21 9:32 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOURTFOR SAC COUNTY


S1'AfEOF IOWA.
Vs.
DAVID ZEI,I,MER
.TOIIN

I 261]
CI{IMINALNO. AGCRO
WRITTE1.'\ARRAIGNMENT.
PLEAOFNOT GLJII-I'Y

Defendar.rt
Datc frial Informationfiled: l0/01/2014
criminalcaseand underoathstates:
COMIIS NOW thc Defendantin the above-captioned
b-vAttomey CharlesA. Schulte,whoscaddressand phonenumberare
1. I am represcnted
421 Main St..PO Box 392.SacCity. IA. 50583;(712)662-4715.
2, My currentnrailingand rcsidenceaddressandpl.ronenumberare 1002SimmsAve.,
My dateof birthis 09CouncilBluffs,lA 51503.My phonenumberis: 402-690-5818.
the Englishlanguagcand havecompletedthc
23-1986. I can rcadand understand
following level ofeducation:l2 Years.
4. I havebeer.radvisedby my attorneyand understandthal I have a right to arraignment
in openCourl. and I voluntarilyrvaivethat right. choosinginsteadto sign this Written
that times tbr furthcrproceedings
Arraignmentand Pleaof Not Guilty. I understand
which arecomputedfrom the dateof arraignmcntwill be computedliom the dateof
filing this Writtcr.rArraignmentand Pleaof Not Guilty.

5. I havereceiveda copy of the Trial Inlormationwhich chargesme with the crime of


COUNT I: OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED
UNDER SECTION 321.560AS A HABITUAL OFFENDER in violation of Iowa
CodeSection321.56and 321.561.
6. With regardto thc nameby n'hich I am chargedin the Trial Information(eithercheck
"a" or chcckand complete"b"):
DG. fn" nanreon the'l'rial Informationis my true name. I havebeenadvised
that I am nou precludedtiom objectingto the Trial Inlbrmationupon the
and unJerstand
groundthat I am ilr.rproperlynamed.
( )b. The nameshownon the Trial lnformationis not my true namc My true
nameis. I requestthal an entry be madein the minutesshowingrny true name. I havc
u'ill be had againstme b.vthat name.
beenadvisedand understandlurtherproceedings
thc Trial Informationwill be amendedaccordingly.and when the Trial lnlbrmationis scr
amended.I will be precludedfrom objectinguponthc groundsI am ilnproperlynamed.
that I ma1"pleadguilty. not guilt.vor former
7. I havebeenadvisedand understand
convictionor acquittal.

E-FILED 2014 OCT 21 9:32 AM SAC - CLERK OF DISTRICT COURT

I havehad sulllcientlime to discussmy caservith


8. For the purposeof this arraignment.
my attorney.and I waive any lurrhertime in which to entera plea.
9. I pleadNOT GUILTY to the chargcsin paragraph5 above.
10. I havebeenadvisedand undcrstandthal I havea right underRLrle2.33(2Xb)ol-the
ycar alier the filing of
Iotvu RttlesoJCrintinul Protctlureto a trial rvithinninel1'da1's/onc
"b"
(chcck
"a"
cither
or
thc Trial lnfbrmalionand
):
(c).
${ a. I demandspeedltrial pursuantto Rule 2.33(2)(b)and
( ) h. I r.iaivcml rightto a spcedyr-rialpursuant
to Rule2.33(2)(b) and(c).
ll. I requestthat a trial datebe setpursuantto Rule 8.1 ofthe lowa Rulesof (;riminal
Procedure.My attorncyand I ivill bc availablefor trial on the follou'ingdals: An,vL.'; 'i'., - (t"t
'l
ime.

Defendant
Original to be filed u ith Clerk of Court
Copl' provided to:
County Attorney'

E-FILED 2014 OCT 21 2:33 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
JOHN DAVID ZELLMER ,

Case No: 02811 AGCR012643


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on October 21, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/03/2014 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 12/09/2014 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 OCT 21 2:33 PM 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 OCT 21 2:33 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012643
Type:

Case Title
STATE VS JOHN DAVID ZELLMER
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-10-21 14:33:10

3 of 3

E-FILED 2014 DEC 03 11:19 AM SAC - CLERK OF DISTRICT COURT

FORSACCOLINTY
IN THL,IOWA DISTzuCTC]OL]RT
THF]S'IAIE OI IOWA.
Plaintifl.
JOFINDAVID ZELLMDR

NO.AGCR0l2643
WAIVEROF-RIGHTTO
SPEEDYTRIAL

Defendant.

JohnDavid Zellmer.and statesas tbllows:


Comesnow the del'endant.
l. He realizesthat he hasa right bl virtueof thc Constitutionofthe United Statesto a
speedylrial:
2. He realizcshe hasa right to a speedytrial by vitue o1Iowa Rule of Criminal
Procedure2.33(2)(b) u'hich states:
"lf a dclendantindictedfor a public offensehasnot waivedhis or her
right to a speedytrial. he or shemustbe broughlto trial within ninet.v
da-vsalter indictmcntis tbund or the courtmustorderthe ir.rdictment
to be dismissedunlessgood causeto the contrarybe shorvn."
FIeis alsoan'areof the factthat this rule is applicableto a CountyAttorney'sInformation
ar.rdthat thc ninety da) period runs fior.nthe filing date thereof.
3. He furthcrrealizesthat he hasa right 1oa speedytrial underIowa Rule of Criminal
Procedurc2 33(2Xb)rvhichstates:
''All criminal casesmust be broughtto trial u'ithin one
)ear afterthc defendat's
pllrsuantto rule 2.8 unlessan extensionis grantedby the courl,upona
initial arraignr.r.rcnt
shorvingof good cause."

3. He hasbeenfulll'advised ofhis rightsto a speedytrial andthe ramificationsthereofby


of
his attorney.includingthc fact that the memoryof witnesseslade with the passage
thc
may disappearor becomeunavailable;that delaymal impair
timel that rvitnesses
defense:
that the communitynay vieu'him with suspicionduringthc
of
his
efI'ectiveness
that he
and socialendeavors:
pendencyofthe actiontherebyafl'ectinghis occupational
rvill havcto endureprolongedanxictyand conccrnandthat hc is or can be subjectedto
pcndingtrial. and takinginto accountall oftheselactorsand considerations,
incarceration
he deemsit to be in his bestinterestto waivehis spcedytrial rightsat this timc and he
doesthereforehelcby rvaivethc sameboth asto IRCP 2.33(a)and IRCP 2.33(b)and does
consentthat the trial may be postponcduntil suchdatesas it may be scheduledlbr trial by
withdrawthis waiverupon
reservesthe right to subsequentl.v
the court. The def'cndant
writtennoticethereofto the court andthe Stateof Iou'a.

E-FILED 2014 DEC 03 11:19 AM SAC - CLERK OF DISTRICT COURT

this 3 dayor
Signed

D.lA-

,20 I { ,

Attorne) tbr thc defendant

Copy to: Countl'AttorneY

E-FILED 2014 DEC 04 2:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Case No. AGCR012643

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

JOHN DAVID ZELLMER,


Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 3, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court: The Defendant has
agreed to plead guilty to the citations filed in CSSTA0021425 and
SMCR012644, and the State has agreed to dismiss Count 1 of the Trial
information, without prejudice, and with costs to Defendant.

__________________________
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 DEC 05 8:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 AGCR012643
Plaintiff,
vs.

ORDER

JOHN DAVID ZELLMER ,


Defendant.

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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 12/17/2014 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
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 DEC 05 8:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012643
Type:

Case Title
STATE VS JOHN DAVID ZELLMER
OTHER ORDER
So Ordered

Electronically signed on 2014-12-05 08:53:22

2 of 2

E-FILED 2014 DEC 17 10:54 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No. AGCR012643
Plaintiff,
vs.
ORDER
JOHN DAVID ZELLMER,
Defendant.
NOW, on this 17th day of December, 2014, the court is in receipt of the States
oral Motion to Dismiss this case. The Motion states good cause and should be granted.
IT IS THEREFORE ORDERED that the States Motion to Dismiss is granted.
This case is dismissed and costs are taxed to the Defendant.
Clerk to furnish copies to:
Sac County Attorney
Defense Counsel

E-FILED 2014 DEC 17 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
AGCR012643

Case Title
STATE VS JOHN DAVID ZELLMER
So Ordered

Electronically signed on 2014-12-17 10:54:47

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