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

DISTRICT COU;; i CF IOWA

SAC COUNTY
FILED
m T H E IOWA DISTRICT COURT F O R SAC COUNTY
MAGISTRATE DIVISION

im^p- in PH 2- 57

STATE OFIOWA,
Plaintiff

M A G I S T R A T E NO.

INITIAL APPEARANCE

Defendant

On this
'
day of
j 20jJ/the Defendant herein appears before the
pndersigned Magistrate in and for Sac County, having been charged with the crime of d f i i r i M ( u L i f-e
"
.
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 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 of Section >3t' , SC } , which is-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
Y,
S Years Prison
And/Or $Z i2-L%bFine
-ifS k
3

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.

5-

()
You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. Ifyou wulfully fall to appear before any court as required, you shall be
guilty of a Oass=fe,lony/serions misdemeanor; or
(b)
(If appropriate) Upon consideration ofthe factors in Section 81L2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the
Court imposes fhe following 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 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 he filed by the County Attorney of this county.
7.

The Defendant is informed of his/her rights to a prehminary hearing and preliminary hearing is:
Waived
_
i
^
^ ' Set for the A * ^
day of < ^ c A ^ J ^
2 0 j i at j Q ,
A M . in the
Magistrate Courtroom, Courthouse, Sac City, Sac County, lowa.
f

i 8

t J J a. preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791
'|_Jjefore attending this hearing to determine whether or not it will be held.
~

TU

P^U^^lL

U * <<7^ / f i l l d e ^ n t r - U f ^ f

8. IF Y O U H A V E NOT B E E N FINGERPRINTED A N D PHOTOGRAPHED F O R THIS

OFFENSE, Y O U MUST REPORT TO THE SAC COUNTY SHERIFF'S D E P A R T M E N T WFTBTN 10 DAYS
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 HIS
CONVENIENCE TO P I C K UP DEFENDANT TO B E PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district A D A coordinator at (641) 421-0990. (Ifyou are hearing impaired, call 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 3:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA, PLAINTIFF

VS.
JOHN DAVID ZELLMER

)
)
)
)
)
)
)
)

No. SMCR012644

APPEARANCE AND PLEA

OF NOT GUILTY
WAIVER OF SPEEDY TRIAL
REQUEST TO DELAY
PROCEEDINGS

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant and enters a plea on not
guilty herein and waives the right to speedy trial.
Inasmuch as this charge is a companion case to an indictable charge, Defendant
requests the Court to delay further proceedings herein until the underlying indictable
charge is resolved.
Respectfully Submitted,
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2014 SEP 10 3:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA, PLAINTIFF

VS.
JOHN DAVID ZELLMER

)
)
)
)
)
)
)
)

No. SMCR012644

APPEARANCE AND PLEA

OF NOT GUILTY
WAIVER OF SPEEDY TRIAL
REQUEST TO DELAY
PROCEEDINGS

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant and enters a plea on not
guilty herein and waives the right to speedy trial.
Inasmuch as this charge is a companion case to an indictable charge, Defendant
requests the Court to delay further proceedings herein until the underlying indictable
charge is resolved.
Respectfully Submitted,
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2014 SEP 10 3:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA, PLAINTIFF

VS.
JOHN DAVID ZELLMER

)
)
)
)
)
)
)
)

No. SMCR012644

APPEARANCE AND PLEA

OF NOT GUILTY
WAIVER OF SPEEDY TRIAL
REQUEST TO DELAY
PROCEEDINGS

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant and enters a plea on not
guilty herein and waives the right to speedy trial.
Inasmuch as this charge is a companion case to an indictable charge, Defendant
requests the Court to delay further proceedings herein until the underlying indictable
charge is resolved.
Respectfully Submitted,
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2014 DEC 17 10:52 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

SMCR012644
Plaintiff,
RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER

v.
JOHN DAVID ZELLMER,
Defendant.
DATE:

December 17, 2014

CHARGE:

Possession of Drug Paraphernalia, a simple misdemeanor, in

violation of Iowa Code 124.414

Defendants counsel has waived his clients presence and orally pleads Defendant
guilty to the above charge. 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 adjudicated guilty of the above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $65.00;
(2)
a 35% surcharge;
(3)
court-appointed attorney fees as certified by Mr. Schulte.
The Court has determined, by information presented by the
parties, that Defendant is able to pay court-appointed
attorney fees;
(4)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(5)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3; and
(6)
the court costs of this action.
Defendant shall pay these financial obligations to the Clerk of Court
of this county or online at www.iowacourts.gov. All such financial

E-FILED 2014 DEC 17 10:52 AM SAC - CLERK OF DISTRICT COURT

obligations shall be paid in full on or before the 30th day following

the filing of this Order. If the financial obligations are not paid in
full within 30 days of filing of this Order, it may be considered a
violation of this Order. In addition, pursuant to Iowa Code Section
602.8107, a failure to pay in full within 30 days may result in this
case being assigned to the Centralized Collection Unit of the Iowa
Department of Revenue or its designee to collect the debts owed to
the Clerk of Court. In the event this matter is assigned for
collection, additional fees may be imposed pursuant to law.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the sum of $500.00, cash.
6.
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.
Clerk Shall Furnish Copies To:
County Attorney
Defense Counsel

E-FILED 2014 DEC 17 10:52 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SMCR012644

Case Title
STATE VS JOHN DAVID ZELLMER
So Ordered

Electronically signed on 2014-12-17 10:52:07

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