E-FILED 2014 OCT 17 8:38 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 17 10:53 AM SAC - CLERK OF DISTRICT COURT

DiSTRICl COuKi i>

SAC COUNTY
FILED
Sac

IN THE IOWA DISTRICT COURT FOR

STATE OF IOWA or

7niLnrTgoyNT,x . j
so

minal

Plaintiff/Petitioner,

cdmUx

IOWA

Civil

NO. OVOCfiom/TL
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Dew Cfit^tree ,

Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: C J l f f / f i * J ^ f f t J C t C t h b t r t. <=
Home Phone:

17

Z~Q

Cell Phone: eZoS- f j 7 D ff Tr \ E-mail:

Street Address: P.O.

3ot
6Q0
Street/P.O. Box

Pending charges:
Do you have ajob?

BirthDate:

VfJ T
tkfJo Job

V f f 2 .

3t.

Vau I
Apt # City

/ ) ) A/

fT T / 0
State
Zip
In Jail? Yes j^L^o"

Yes, Full Time

Yes, Part Time (List Hours/week:

Who do you work for?

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

per hour month year

How much money have you made in the last 12 months from any source, before taxes or deductions?

T'fe & &

How many family members are supported by or live with you?

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 in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
~0

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 penairy 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

10/

i7//f

Signature
Rev. 1/6/12

E-FILED 2014 OCT 21 12:24 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
CHARLES DEAN CRABTREE ,

02811 OWCR012672
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 (712) 662-4715, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 OCT 21 12:24 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012672
Type:

Case Title
STATE VS CHARLES DEAN CRABTREE
ORDER APPOINTING
So Ordered

Electronically signed on 2014-10-21 12:24:40

2 of 2

E-FILED 2014 OCT 27 11:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012672
vs.
CHARLES DEAN CRABTREE ,
Defendant.

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
Charles Schulte was appointed but is in court in Calhoun today. He is charged with reviewing this with
his client.
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 - Minimum 2 days
Years Prison
And/Or a fine of not less than $1250 or more than $1875
You will lose your license for a minimum of 180 days and cannot obtain a work permit for
0 days.
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E-FILED 2014 OCT 27 11:42 AM SAC - CLERK OF DISTRICT COURT

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. (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:
(1) You must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
(3) You must obey the laws of the State of Iowa and the United States.
(4) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
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 at : AM at the .
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 2014 OCT 27 11:42 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012672
Type:

Case Title
STATE VS CHARLES DEAN CRABTREE
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-10-27 11:42:11

3 of 3

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

CASE NO. OWCR012672

Plaintiff,
v.

TRIAL INFORMATION

CHARLES DEAN CRABTREE,

Defendant.

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, CHARLES DEAN CRABTREE (Defendant) of the crime of
OPERATING WHILE INTOXICATED FIRST OFFENSE, Serious Misdemeanor
in violation of Iowa Code Section 321J.2 committed as follows: On or about
October 17, 2014 in Sac County and State of Iowa, Defendant did unlawfully and
willfully operate a motor vehicle by one or more of the following means: while
under the influence of an alcoholic beverage or drugs or a combination of such
substances; while having an alcohol concentration of .08 or more as measured in
the person's breath, blood or urine; and while any amount of a controlled
substance is present in the person as measured in the person's blood or urine.

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

A TRUE INFORMATION

_________________________
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 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

KENNETH MCCLURE, Sheriff, Sac County Sheriffs Office

MICHAEL M. TATE OR JAMES A. BLESKACEK, DCI Criminalist

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012672

Case Title
STATE VS CHARLES DEAN CRABTREE

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 2014-11-07 08:48:11

page 4 of 4

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012672

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

CHARLES DEAN CRABTREE ,

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 is
scheduled on 11/19/2014 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 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012672

Case Title
STATE VS CHARLES DEAN CRABTREE
So Ordered

Electronically signed on 2014-11-07 08:48:12

page 2 of 2

N o v . 1280, 1 4 : 4 5 P | TCF
/ |]ARMAR
651-636-0691

N0329P
9 1

E-FILED 2014 NOV 18 5:00 PM SAC - CLERK OF DISTRICT COURT

IN TI{E IOWA DISRICT COURTFOR SAC COUI\NY

STATEOFIOWA,
Vs.
CHARLES
DEANCRABTREE,

CRIMINALNO.OWCR012672
WRITTENARRAIGNMENT,
PLEAOFNOT GTIILTY

Defendant

j:f:#*lfi:i;:yf ti1?"rJ
coMEsNowrheDerendantinthe"u","_*or3uJi#*
A. Schulre,
whoseaddress
andphonenumber
l:l 1ry*p:".Tt d byAttomeyCharles
are
42IMainSt.,pOBox392,SacCity,IA, 50583; ASz
+iis.
1in1
address
andphone
nrrr:lber
arep.O.Box600402,
?. W:yygt gliling andresidence
St.
Paul
MN 55106
My phone
number
is:205_570-0:bf
frayout oftirth is 08-17-1950.
I
canreadand-understand
theEngrish
language
andhaveiompreted
tt. rouowiogr"u"ror
education:
12Years,
4. I havebeenadvisedby my attorncyandunderstand
thatI havea right to anaigamont
rn openCourt,andI voluntarilyw_aive
thatngh! choosinginsteadto slgnthis Wltten
AraignmentandPleaof Not Guilty. I underitandthattiies for furtheiproceedings
whicharecomputed
from thedateof anaigument
will becomputedfromthedateof
filing this Witten Arraigruaenr
atralpleaoiNot Gurlty.
5:Il::,-"*1ve1! a copyof theTrial Informationwhichcharges
mewith rhecrimeof
couNT I: OpERATTNG
WIIILE INTOXICATED,FrF:STOFFENSE,in
violstionof IowaCodeSection321J,2,
6
to
.with.regard thenameby whichI amchargedin theTrial Information(eithercheck
"a" or checkandcomplete
"b"):
,/

. .KlyThe naneon theTrial Infomationis my tue name,I havebeenadvised

fll" I amnowprecludedfromobjecringro rheTrial Inforoadonupoathe
T:.:10:"t-rlTd
grounouat I amrmproperlynamed.
( )b. Thenameshownon theTrial Informationis notmy tue na&e. My true
nameis. i requestthatanenty bemadein theminutesshowingmy truename. I havo
Deenad\'lsedandundersta-nd
fiutherproceedings
will behadagainstme by thatname,
theTrial Informationwill beamendetaccordingly,
ard whenile Trial Irrformationis io
arnended,
I will beprecludedfrom objectinguponthegroundsI amimproperlynamed.
7. I havebeenadvisedandunderstand
thatI maypleadguilty,not guilty or forrner
conviction
or acquittal.

N o v , 1280,1 4 : 4 5 P M
TCFNARr/AR
6it-615-059i

N o , 3 2 9P9.2

E-FILED 2014 NOV 18 5:00 PM SAC - CLERK OF DISTRICT COURT

I havebadsufflcielttimeto discussmy casewith

8. Forthepurposeof this anaignment,
in whichto entera plea.
time
my attorney,andI waiveanyfurther
5 above.
in paragraph
9. I pleadNOT GUILTY to thecharges
ofthe
thatI havea rightunderRule2.33(2)(b)
andunderstand
10. I haveboenadvised
year
affer
the
filing of
within
days/one
to
a
trial
ninety
Iowa Rulesof CriminalProcedure
ua"
and(cheokeither or "b')'
theTrialInfonnation
and(o).
to Ruie2.33(2)(b)
( ) a I demand
speedy
triaipursuant
( 1)fi

at'

waiveay nght to a speedy

trial pursuantto Rule2 33(2)(b) and(o).

of Criminal
to Rule8.1of theloira.Rzles
11. I request
thatatrialdatebesetpursuant
trial onthefollowingdaYs:AnY

Defendant
Originalto befiledwith Clerk of Court
Copyprovidedto:
CountyAttorney

E-FILED 2014 NOV 19 8:49 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
CHARLES DEAN CRABTREE ,

Case No: 02811 OWCR012672

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

Defendant.
The defendant having filed a written arraignment in this matter on November 18, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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 01/27/2015 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 NOV 19 8:49 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 NOV 19 8:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012672
Type:

Case Title
STATE VS CHARLES DEAN CRABTREE
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-19 08:48:59

3 of 3

E-FILED 2015 JAN 08 8:39 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. OWCR012672

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE AND MOTION TO
DISMISS PER RULE 2.33

CHARLES DEAN CRABTREE,

Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 7, 2015, 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 State believes the interests of justice and judicial economy would best
be served by dismissing the charge contained in the Trial Information.
WHEREFORE, the State respectfully requests that the Court dismiss this
matter in its entirety 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 2015 JAN 08 1:45 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. OWCR012672
Plaintiff,
vs.
ORDER
CHARLES DEAN CRABTREE,
Defendant.
NOW, on this 8th day of January, 2015, the court is in receipt of the States PreTrial Conference and Motion to Dismiss. 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 2015 JAN 08 1:45 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012672

Case Title
STATE VS CHARLES DEAN CRABTREE
So Ordered

Electronically signed on 2015-01-08 13:45:17

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