Beruflich Dokumente
Kultur Dokumente
Page 1 of 8
DEFENDANT INFORMATION
Defendant Name: JUDSON MONTGOMERY BAGLEY
Offense tracking number: 38473526
Date of Birth: May 20, 1971
Law Enforcement Agency: LEHI POLICE
Prosecuting Agency: UTAH COUNTY
ACCOUNT SUMMARY
TimePay: $200.00 monthly on the 1st.
Most Recent Payment: 12/10/2013
Final Payment
: 12/01/2013
TOTAL REVENUE Amount Due:
884.30
Amount Paid:
884.30
Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: FINE
Amount Due:
859.00
Amount Paid:
859.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: INTEREST
Amount Paid:
4.55
Printed: 03/25/15 18:26:57
Page 2
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Page 3 of 8
13-302
INITIAL APPEARANCE
A copy of the Information is given to the defendant.
Defendant waives reading of Information.
Advised of charges and penalties.
WAIVE PRELIM HEARING is scheduled.
Date: 06/03/2013
Time: 01:00 p.m.
Location: Third floor, Rm 302
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: SAMUEL MCVEY
04-29-13 WAIVE PRELIM HEARING scheduled on June 03, 2013 at 01:00 PM in
Third floor, Rm 302 with Judge MCVEY.
06-03-13 Charge 1 Disposition is Guilty
06-03-13 Charge 2 Disposition is Guilty
06-03-13 Charge 3 Disposition is Guilty
06-03-13 Charge 4 Disposition is Dismissed
06-03-13 Charge 5 Disposition is Dismissed
06-03-13 Charge 6 Disposition is Dismissed
06-03-13 Charge 1 amended to Class A Misdemeanor
06-03-13 Charge 7 Disposition is Dismissed
06-03-13 Charge 8 Disposition is Dismissed
06-03-13 Charge 2 amended to Class A Misdemeanor
06-03-13 Charge 3 amended to Class A Misdemeanor
06-03-13 Minute Entry - Minutes for Arraignment
Printed: 03/25/15 18:26:57
Page 4
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401
ARRAIGNMENT
Advised of rights and penalties.
Defendant is arraigned.
Misdemeanor sentencing guideline report ordered.
The Judge orders Adult Probation & Parole to prepare the report.
Statement by defendant received and accepted after factual basis
given. Defendant is ordered to report to Adult Probation and Parole
within 24 hours. Counsel stipulate that this case does not involve
a motor vehicle. Court grants stipulation.
SENTENCING is scheduled.
Date: 07/01/2013
Time: 02:00 p.m.
Location: Third floor, Rm 302
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: SAMUEL MCVEY
06-03-13 Filed order: Statement of Defendant in Support of Guilty Plea
and Certificate of Counsel
Judge SAMUEL MCVEY
Signed June 03, 2013
06-03-13 Filed: Signed Minute Entry
06-04-13 SENTENCING scheduled on July 01, 2013 at 02:00 PM in Third
floor, Rm 302 with Judge MCVEY.
06-11-13 Filed: Other Proposed :Order (Proposed)
06-11-13 Filed: Return of Electronic Notification
06-12-13 Filed order: Order
Judge SAMUEL MCVEY
Printed: 03/25/15 18:26:58
Page 5
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302
SENTENCE JAIL
Based on the defendant's conviction of ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO a Class A Misdemeanor, the
defendant is sentenced to a term of 1 year(s) The total time
suspended for this charge is 1 year(s).
Based on the defendant's conviction of ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO a Class A Misdemeanor, the
defendant is sentenced to a term of 1 year(s) The total time
suspended for this charge is 1 year(s).
Based on the defendant's conviction of ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO a Class A Misdemeanor, the
defendant is sentenced to a term of 1 year(s) The total time
suspended for this charge is 1 year(s).
SENTENCE JAIL CONCURRENT/CONSECUTIVE NOTE
Sentence is to run concurrent on each count.
SENTENCE FINE
Charge # 1
Fine: $2500.00
Suspended: $1641.00
Surcharge: $424.26
Due: $859.00
Charge # 2
Fine: $2500.00
Suspended: $2500.00
Page 6
Page 6 of 8
$7500.00
$6641.00
$424.26
$859.00
Plus Interest
COMMUNITY SERVICE
Complete 120 hour(s) of community service.
Community service is to be completed by November 1, 2013.
SENTENCE COMMUNITY SERVICE NOTE
Defendant is ordered to complete 10 hours of community service per
week and have it call completed within 4 months.
SCHEDULED TIMEPAY
The following cases are on timepay 131400924.
The defendant is to pay $200.00 monthly on the 1st.
The number of payments scheduled is 4 plus a final payment of
$63.10.
The first payment is due on 08/01/2013 the final payment of $63.10
is due on 12/01/2013. The final payment may vary based on
interest.
ORDER OF PROBATION
The defendant is placed on probation for 12 month(s).
Probation is to be supervised by FOURTH DISTRICT COURT.
Defendant is to pay a fine of 859.00 which includes the surcharge.
Interest may increase the final amount due.
Pay fine to The Court. This can be paid online at:
www.utcourts.gov/payments.
PROBATION CONDITIONS
Defendant is ordered to obey all laws, State, Local and Federal,
and have no further violations during the probation period.
Defendant is ordered to notify the Court and Adult Probation and
Printed: 03/25/15 18:26:58
Page 7
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Page 8 (last)
Page 8 of 8
INFORMATION
Plaintiff,
vs.
JUDSON MONTGOMERY BAGLEY
4698 North Shade View Lane
Lehi, UT 84043
DOB: 05/20/1971,
Case No.
Judge
OTN
Defendant.
The State of Utah, by and through Julia Thomas, Deputy Utah County Attorney, charges
the defendant(s) with the commission of the following offense(s):
COUNT 1: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann 58-37-8(3)(a)(ii), in that on or about
05/04/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
Case No.
1 3 1 4 0 0 9 2 4
Judge
Defendant.
APR 2 9 2013
DATE:
PLACE:
TIME:
\'.QD
OR~,..
WJ
Judge
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Judge _ _ _ _ _ _ __
Officer B. Kirkham. of the Lehi Police Department. has provided information and
evidence that you committed the following offense(s):
YOU ARE FURTHER COMMANDED to appear at the Utah County Jail, 3075
North Main, Spanish Fork, Utah, for processing and release (fingerprints, photograph, etc.).
You must appear at the jail BEFORE the date indicated above, between the hours of 7:00 a.m.
and 10:00 a.m., on Saturday, or Sunday.
YOU MUST take this SUMMONS with you to the jail for Jaw enforcement personnel to
complete. YOU MUST bring the completed SUMMONS with you to the court appearance set
forth above. Failure to do so can result in the Court finding you in contempt and placing
you in jail until the completion of the booking process.
If you fail to obey this Summons, the Court may issue a warrant for your arrest.
DATED this
day of
....;:a~fh----'-_,_;_ _ _ _ __
DISTRICT JUDGE
Da t e _ ! _ ! _
SIGNATURE
TITLE:
In compliance with the Americans With Disabilities Act, individuals needing special
accommodations (including auxiliary communicative aids and services) during this
proceeding should call 429-1112, at least three working days prior to the proceeding.
Pursuant to Rules 4 and 16 of the Utah Rules of Criminal Procedure and the Due
Process Clauses of the Utah and United States Constitutions, Defendant hereby requests that
copies of the following materials be provided to defense counsel within thirty (30) days from
today's date:
1.
Any evidence which tends to negate the guilt of the defendant, or mitigate the
guilt of the defendant or mitigate the degree of the offense that has been
discovered by any member of the agencies involved in the investigation or
..prosecution of the above-entitled case. See, Brady v. Maryland, 373 U.S. 83 .
(1963); and Utah Rules of Criminal Procedure 16(a)(4).
2.
All evidence that has been discovered by any member of the agencies involved
in the investigation or prosecution that tends to inculpate the defendant.
3.
4.
A list of all medical personnel, including telephone and address, involved in the
above entitled matter.
5.
handwritten notes, whether or not those notes have formed the basis for a typed
report.
t..
6.
All field interview cards used to identify any individual(s) involved in the
above-captioned matter.
7.
8.
9.
10.
A List of all witnesses that the prosecution intends to call for trial in the above
entitled matter, their addresses, telephone numbers and the adult and juvenile
criminal records. See, Utah Rule of Criminal Procedure 4(j), and Davis v.
Alaska, 415 U.S. 308 (1974).
11.
12.
... "" 'fo tile defendant, or toany alleged Witness, victim or suspect, or to anyone else
in the defendant(s) presence which were made in order to encourage the
defendant to cooperate with aforementioned entities and/or which might
reasonably be expected to have the effect of encouraging the defendant to
cooperate.
13.
A copy of the booking sheet, booking photograph and rap sheet of the
defendant, if any.
14.
15.
All video and/or audio recordings and transcripts of those recordings prepared
in conjunction with the prosecution of this case in the possession of any law
enforcement or governmental agency.
16.
All statements of any person which were shown, read, played or paraphrased
the defendant, or to any alleged witness, victim or suspect during any
interviews, interrogations, visits, and/or phone conversations.
17.
Copies of all recordings and/or transcripts of any 911 calls pertaining to this
matter.
18.
Identify by name, address, telephone number and badge number, the 911
operators/dispatch officers who responded to 911 calls, if any, pertaining to this
case, and produce any police reports, officer notes or documentation pertaining
thereto.
19.
20.
Statements made by the defendant to any of the State's witnesses and the dates,
times, places and persons when such statements were made.
21.
Specify date, time and substance, any and all further contact between any
investigating officer and any defendant, co-defendant, or witness in the abovecaptioned matter.
22.
24.
25.
Any physical evidence taken from the defendant, any co-defendant, and/or the
alleged crime scene in the above-entitled case and any reports pertaining
thereto. See Utah Rule of Criminal Procedure 16(a)(3).
26.
For each piece of physical evidence identified in request number 25, please
specify: a) The present location of the name, address and phone number of the
present custodian of said evidence b) Any reports or raw notes describing any
of the physical evidence set forth above, c) the name, address and phone
number of each person to whom any of the physical evidence in this case
Any and all documents regarding the chain of custody of any physical evidence
from request 19 including, but not limited to, a description of the method of
packaging and handling of the evidence at the time of recovery, at the time of
booking it into evidence and at the time of submitting for analysis.
28.
29.
All officer notes, police reports and any other documentation pertaining to any
request(s) for laboratory analysis or any other scientific testing of physical
evidence in the above captioned case.
30.
Any tests, test results, chemical analysis, or any other scientific evidence and
its attendant reports/analysis pertaining to this case in the possession of any law
enforcement or governmental agency including handwritten notes made by the
technician even if not utilized in the making of the final report.
31.
Pursuant to Utah Rule of Evidence 404(b), notice by the State of any other
crimes, wrongs or acts it intends to use in its prosecution of this case, and a list
of exhibits, and names of addresses of witnesses to use to introduce evidence of
other cri'mes, wrongs or acts.
32.
RULE 15A DEMAND: A list of all preparers of all reports and chain-ofcustody witnesses at trial pertaining to any and all scientific, analytic, and lab
reports. Further, the defense demands that the prosecution produce the preparer
of the report or chain-of-custody witnesses for cross-examination at trial
pursuant to Rule I 5A(b) of the Utah Rules of Criminal Procedure.
As provided in Rule 16, Section 77-35-26(5)(b), the prosecuting agency shall make all above
disclosures as soon as practicable following the filing of charges and before the defendant is
required to plead.
RESPECTFULLY SUBMITIED this _12th_ day of _ _April____, 2013.
~~
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LOS Hospital
Dayspring
1225 E. Fort Union Blvd., #315
Cottonwood Heights, Ucah 84047
801.233.4100
801.233.4104 Fax
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STAlE OF UTAH
UTAH COUNTY
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May22,2013
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David Holindrake, MS, ASUDC
Dayspring Outpatient Coordinator
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STA TE OF UT" H
UTAtt COUNTY
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STATE OF UTAH,
Plaintiff,
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Defendant.
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I have received a copy of the (Amended) Information against me. I have read it, or
had it read to me, and I understand the nature and the elements of crime(s) to which I am
pleading guiJty (or no contest).
The eJements of the crime(s) to which I am pleading guilty (or no contest) are:
I understand that by pleading guilty I will be admitting that I committed the crimes
listed above. (Or, if I am plead~g no contest, I am not contesting that I committed the
foregoing crimes). I stipulate and agree (or, ifl am pleading no contest, I do not dispute or
contest) that the following facts describe my conduct and the conduct of other persons for
which I am criminally Hable. These facts provide a basis for the court to accept my guilty
(or no contest) pleas and prove the elements of the crime(s) to which 1 am pleading guilty
(or no contest):
under the constitutions of Utah and of the United States. I also understand that if J plead
guilty (or no contest) I will give up all the following rights:
Counsel: J know that I have the right to be represented by an attorney and that if I
cannot afford one, an attorney wilJ be appointed by the court at no cost to me. 1 understand
that I might later, if the judge determined that 1 was able, be required to pay for the
appointed lawyer's service to me.
IfI have waived my right to counse1, I certify that I have read this statement and that
I understand the nature and elements ofthe charges and crimes to which I am pleading guilty
(or no contest). I also understand my rights in this case and other cases and the
consequences of my guilty (or no contest) plea(s).
IfI have not waived my right to counsel, my attorney is
My attorney and I have fu11y discussed this statement, my rights, and the consequences of
my guilty (or no contest) plea(s).
Jury Trial. I know that I have a right to a speedy and public trial by an impartial
(unbiased) jury and that I will be giving up that right by p1eading guilty (or no contest).
Confrontation and cross-examination of witnesses. 1know that ifl were to have
a trial, a) I would have the right to see and observe the witnesses who testified against me
and b) my attorney, or myselfifl waived my right to an attorney, would have the opportunity
to cross-examine all of the witnesses who testified against me.
Right to compel witnesses. I know that if I were to have a trial, I could call
witnesses ifl chose to, and 1would be able to obtain subpoenas requiring the attendance and
testimony of those witnesses. IfI could not afford to pay for the witnesses to appear, the
State would pay those costs.
Right to testify and privilege against self-incrimination. I know that if I were to
have a trial, I would have the right to testify on my own behalf. 1 also know that if I chose
not to testify, no one could make me testify or make me give evidence against myself I also
know that ifl chose not to testify, the jury would be told that they could not hold my refusal
to testify against me.
Presumption of innocence and burden of proof. I know that if I do not plead
guilty (or no contest), 1 am presumed innocent until the State proves that I am guilty of the
charged crime(s). !fl choose to fight the charges against me, 1need only plead "not guilty,"
and my case will be set for a trial. At a trial, the State would have the burden of proving
each element ofthe charge(s) beyond a reasonable doubt. If the trial is before a jury, the
verdict must be unanimous, meaning that each juror would have to find me guilty.
Consecutive/concurrent prison terms. I know that if there is more than one crime
involved, the sentences may be imposed one after another (consecutively), or they may run
at the same time (concurrently). J lrnow that I may be charged an additional fine for each
crime that I plead to. I also know that ifI am on probation or parole, or awaiting sentencing
on another offense of which I have been convicted or which I have plead guilty (or no
contest), my guilty (or no contest) plea(s) now may result in consecutive sentences being
imposed on me. If the offense to which I am now pleading guilty occurred when I was
imprisoned or on parole, I know the law requires the court to impose consecutive sentences
unless the court finds and states on the record that consecutive sentences would be
inappropriate.
Plea agreement. My guilty (or no contest) plea(s) (is/are) (is/are not) the result of
aplea agreement between myself and the prosecuting attorney. All the promises, duties, and
provisions ofthe plea agreement, ifany, are fully contained in this statement, including those
explained below:
Trial judge not bound. I know that any charge or sentencing concession or
recommendation ofprobation or suspended sentence, including a reduction of the charges
for sentencing, made or sought by either defense counsel or the prosecuting attorney are not
binding on the judge. I also lmow that any opinions they express to me as to what they
believe the judge may do are not binding on the judge.
Immigration/Deportation: I understand that ifI am not a United States citizen, my .
plea(s) today may, or even will, subject me to deportation under United States immigration
laws and regulations, or otherwise adversely affect my immigration status, which may
include permanently barring my re-entry into the United States. I understand that if I have
questions about the effect of my plea on my immigration status, I should consult with an
immigration attorney.
Defendant's Certification of Voluntariness
I am entering this plea of my own free will and choice. No force, threats, ofunlawful
influence of any kind have been made to get me to plead guilty (or no contest). No promises
except those contained in this statement have been made to me.
I have read this statement, or I have had it read to me by my attorney, and I
understand its contents and adopt each statement in it as my own. I lmow that I am free to
change or delete anything contained in this statement, but 1do not wish to make any changes
because all of the statements are correct.
I am satisfied with the advice and assistance of my attorney.
I am ~~ears of age. 1 have attended school through the _f/t._ grade. I can read
and understand the English language. IfI do not understand English, an interpreter has been
provided to me. I was not under the influence of any drugs, medication, or intoxicants
which would impair my judgment when I decided to plead guilty. I am not presently under
the influence of any drug, medication, or intoxicants which impair my judgment.
I believe myself to be of sound and discerning mind and to be mentally capable of
understanding these proceedings and the consequences ofmy plea. I am free of any mental
disease, defect, or impairment that wouJd prevent me from understanding what I am doing
or from knowingJy, intelJigently, and voluntarily entering my pJea.
I understand that if! want to withdraw my guilty (or no contest) plea(s), I must
file a written motion to withdraw my plea(s) before sentence is announced. I
understand that for a plea held in abeyance, a motion to withdraw from the plea
agreement must be made within 30 days of pleading guilty or no contest I wiJI only
be allowed to withdraw my plea if I show that it was not knowingly and voluntarily
made. I understand that any chaJlenge to my plea(s) made after sentencing must be
pursued under the Post-Conviction Remedies Act in Title 78, Chapter 35a, and Rule
65C of the Utah Rules of Civil Procedure.
of_C"""'J...:.:oU.~ct-~------'' 2.19.n.
ATTO~ANT
/!
Bar No.
1{, 0
t -
I certify that I am the attorney for the State of Utah in the case against _ _ __
defendant. I have reviewed this Statement of Defendant
~---------~
and find that the factual basis of the defendant's criminal conduct which constitutes the
offense(s) is true and correct. No improper inducements, threats, or coercion to encourage
a plea has been offered defendant. The plea negotiations are fully contained in the
Statement and in the attached Plea Agreement or as supplemented on the record before the
Court. There is reasonable cause to believe that the evidence would support the conviction
of defendant for the o:ffense(s) for which the plea(s) is/are entered and that the acceptance
of the plea(s) would serve the public interest.
~y
~RNE
"
Order
Based on the facts set forth in the foregoing Statement and the certification of the
defendant and counsel, and based on any oral representations in court, the Court witnesses
the signatures and finds that defendant's guilty (or no contest) plea(s) is/are freely,
knowingly, and voluntarily made.
ITIS HEREBY ORDERED that the defendant's guilty (or no contest) pJea(s)to the
crime(s) set forth in the Statement be accepted and entered.
Dated this "_)
day of
'1~
'2013.
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CASE:131400924
Judson Bagley
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THE CHURCH OF
JESUS CHRIST
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OF LATTER-DAY SAINTS
Tere
endrickson
Secretary
Lindon Storehouse Services
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Richard Nelson
Alpine City Administrator
City Council
Kimberly Bryant
Mel Clement
Will Jones
Bradley Reneer
Troy Stout
20 North Main
Alpine. UT 84004
(801) 756-6347
15 October 2013
V/'//
Curry Jones
Director