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02811 SRCR012615
Plaintiff,
v.
ORDER
DUSTIN ALAN POPE ,
Defendant.
A warrant shall issue for the defendant's arrest with the normal bond requirement for this degree of
offense. A no contact order was previously issued herein.
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Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
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v.
DUSTIN ALAN POPE,
Defendant.
COMES NOW, the State of Iowa by and through the undersigned and
states that the Sac County Attorney has a conflict-of-interest or an appearance
of a conflict of interest in above-entitled cases. The undersigned has consulted
with Assistant Buena Vista County Attorney Matt Speers who indicates that he is
willing and able to represent the State in this matter.
WHEREFORE, the Sac County Attorneys Office requests the Court
appoint Assistant Buena Vista County Attorney Matt Speers as special
prosecutor in this case.
Respectfully Submitted,
__________________________
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 SRCR012615
Plaintiff
vs.
ORDER APPOINTING
SPECIAL PROSECUTOR
BE IT REMEMBERED this matter came before the Court upon application of the County
Attorney.
THE COURT FINDS that a special prosecutor should be appointed.
IT IS THEREFORE ORDERED that Matt Speers is appointed as special prosecutor of this
matter.
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Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
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No. SRCR012615
Plaintiff,
TRIAL
INFORMATION
v.
DUSTIN ALAN POPE,
Defendant.
COMES NOW Matthew Speers, as Prosecuting Attorney, and in the name and
by the authority of the State of Iowa, accuses Dustin Alan Pope of the crime of FALSE
IMPRISONMENT, a Serious Misdemeanor, in violation of Section 710.7 of the Iowa
Criminal Code, committed as follows:
The Defendant, Dustin Alan Pope, on or about July 24, 2014, in Sac County,
Iowa, did falsely imprison Erin Hecht, by confining her against her will.
A TRUE INFORMATION
Case Number
SRCR012615
Case Title
STATE VS DUSTIN POPE
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
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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 10/01/2014 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
SRCR012615
Case Title
STATE VS DUSTIN POPE
So Ordered
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Defendant.
The defendant having filed a written arraignment in this matter on October 1, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 11/19/2014 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.
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Case Title
STATE VS DUSTIN POPE
ORDER SETTING TRIAL
So Ordered
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Date: 10/26/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
SRCR012615
No.
vs.
DUSTIN POPE
Defendant
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
DUSTIN ALAN POPE ,
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 November 10, 2014. If any objection is filed on or
before November 10, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before November 10, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
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Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
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v.
DUSTIN ALAN POPE,
Defendant.
,
Plaintiff,
vs.
Pretrial Order
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
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Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
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Order of Protection
This order can be verified during business hours
with the SAC County Clerk of Court at:
(712) 662-7791.
or anytime with the SAC County Sheriff's
Office at: (712) 662-7791 .
This order shall remain in effect until January 7, 2020 unless it is modified, terminated or extended by
further written order of the court.
WARNINGS TO DEFENDANT:
This order shall be enforced, even without registration, by the courts of any state, the District
of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state,
territorial, or tribal boundaries to violate this order may result in federal imprisonment
(18U.S.C. 2262).
Federal law provides penalties for possessing, transporting shipping, or receiving any firearm
or ammunition (18 U.S.C. 922(g)(8)).
Only the court can change this order.
The defendant has been convicted of the following crime(s):False Imprisonment, a Serious
Misdemeanor
The court finds the presence of or contact with the defendant poses a threat to the safety of Erin
Hecht.
(Please check one of the following for appropriate coding in the Mandatory Arrest Protective Order
Registry)
INTIMATE PARTNER. If checked, the court finds the defendant and protected party meet the
definition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with
respect to a person, the spouse of the person, a former spouse of the person, an individual who is a
parent of a child of the person, and an individual who cohabitates or has cohabited with the person").
[Registry order type D]
IF CHECKED, the court must check box 5, prohibiting the defendant from possessing
firearms.
OR
OTHER. If checked, the court finds the relationship status of the defendant and protected party
is other than the federal "Intimate Partner" definition. [Registry order type I]
Therefore, the court orders as follows:
1. Defendant shall not communicate with the protected party in person or through any
means including third persons. This restriction shall not prohibit communication through legal
counsel.
2. Defendant shall not be in the immediate vicinity of the residence or place of employment
of the protected party. Defendant shall stay away from the protected party and shall not be in that
party's presence except in a courtroom during court hearings.
3. The defendant, personally or through a third party, shall not threaten, assault, stalk,
molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected
party, or members of the protected party's family. Defendant shall not use, or attempt to use, or
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threaten to use physical force against the protected party that would reasonably be expected to cause
bodily injury.
4. If checked, additional directives: The firearms ban of this or any previous no-contact order in
this case shall expire on August 1, 2015.
5. Defendant shall not possess firearms while this order is in effect. Defendant shall deliver all
firearms to the SAC County Sheriff or (law enforcement agency) on or before 01/14/2015.
6. This protective order is in effect immediately. The order may be extended prior to
expiration for five years pursuant to section 664A.5 (modification) or 664A.8 (extension).
7. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST.
Violation may occur even if the protected party(ies) consent(s) to prohibited contact. Only the court
may release defendant from restrictions contained in this in this court order.
Defendant was personally served with a copy of this order by the court.
The clerk of court shall provide copies of this order to the protected party, county attorney,
defendant, counsel of record (if any) and the SAC County Sheriff.
The SAC County Sheriff shall serve and return service of this order upon defendant.
NOTICE: If you have a disability and need assistance to participate in court proceedings, please call
the ADA Coordinator at (641) 421-0990.
If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.
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Case Title
STATE VS DUSTIN POPE
ORDER OF DISPOSITION
So Ordered
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SRCR012615
Plaintiff,
v.
January 7, 2015
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 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 serve 160 days in the county jail, with all but five
(5) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by April 7, 2015. If
Defendant does not serve the unsuspended portion of the jail
sentence by that date, in addition to Defendant being subject to
contempt of court or probation revocation proceedings, upon
written request from the Sheriff, the Clerk of Court shall issue a
warrant for mittimus of the unsuspended portion of the sentence
and such warrant shall issue without further court order.
(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;
(4)
(5)
(6)
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 $5,000.00, cash or surety.
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.
7.
IT IS FURTHER ORDERED that Case Nos. AGCR012587 and Counts I and
II of Case No. SMCR012586 are dismissed upon motion of the county attorney and
pursuant to plea agreement. Costs are taxed to the Defendant.
Clerk Shall Furnish Copies To:
Special Prosecutor
Defense Counsel
Department of Correctional Services
County Sheriff
OTHER ORDER
Case Number
SRCR012615
Case Title
STATE VS DUSTIN POPE
So Ordered
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