Sie sind auf Seite 1von 38

E-FILED 2013 NOV 10 7:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 10 7:20 AM SAC - CLERK OF DISTRICT COURT

DISTRICT COURT OF li/-/SAC COUNTY FILED


IN THE IOWA DISTRICT COURT FOR SAC COUNTY MAGISTRATE DIVISION STATE OF IOWA, Plaintiff MAGISTRATE NO. v

2 0 1 3N O V 12 A M 9: 19

INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE Defendant day of 20^ the Defendant herein appears before the On this undersigned Magistrate in and for Sac County, having been charged with the crime of Possession of a Controlled Substance, being a violation of Section of the Code oflowa. The Court advises the Defendant as follows: 0 Ci^\n)i\ ^ \iJ ^{_ ji.
T > f v

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.

( c)
That he/she is charged with a violation of Section t^-Hv-Mot , which is classified as: Felony - Class Aggravated Misdemeanor VC Serious Misdemeanor 3. That the maximum punishment for a plea of.guilty or conviction of the above charge is: %v One Yfar fniinry .Tail 6/?U^<fJw \l\ fowfygZiJu

- j s i i - ^ T ^ AT* +
iL. 4.

*&+< < "


days.

You will lose your driver's license for a period of |, 6

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. () 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/serious misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the-emm is not '*" ""ihly assured-iim jinn-miii ].[i|...o nt nil (ifmrt prorrrrnnci i " thr future nnrt thrrrforr the Court imposes the following conditions on your release: 1. You must not use any alcohol or illegal drugs during the pendency of this matter. 2. You must obey all laws oflowa and the U.S. 3. 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 A T YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368, Sac City. IA 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO C O M P L Y WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
>c a

5-

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 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: ^. Set for the day of j Q C M t t r f e s , 2 _ , at { f l ' - J t Magistrate Courtroom, Courthouse, Sac City, Sac County. Iowa. A . M . in 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 H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, Y O U 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 A T HIS CONVENIENCE TO PICK UP DEFENDANT TO BE 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 ADA coordinator at (641) 421-0990. (If you are hearipgjimpaired, call Relay Iowa TTY at 1-800-735-2942.)

Warren L . Bush/Joseph J . Heidenreich, Judicial Magistrate

Copies to: Sac County Attorney Defendant Sac County Sheriff

D'STRicrcouR-roF/nw
SAC COUNTY FILED
n

IN THE IOWA DISTRICT COURT FOR

Sac

NOV! 2 A H 9: ?n
COUNTY Criminal Civil " ^ CU

STATE OF IOWA or Plaintiff/Petitioner, vs. Defendant/Respondent.

NO. ^CtfolZ-MSq
FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned Name: YaJnS.S<LJI M a / , j ~CR7Jo l Cell Phone:f"7/Z>7^/-/^)E-mail: Birth Date: / / - J7 ^ fyjl I State ft g ~

states: 9 ^ (nA-rrwr OSS** Zip I. 0<v\


C

Home Phone: ni2)-2)* Street Address: ^ l

YY\9v\l\J/l

VP.US>gl I Street/P.O.Box Apt#

S f o g \ T \ LOtt? City

Pending charges: Do you have a job? No Job Yes, Full Time l/S \pL Yes, Part Time (List Hours/week: Q )

Who do you work for? C - ^ K l f l g / J l (

r.Q^xfvng<; _ per hour month year

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

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? ^ If a spouse lives with you, how much money does your spouse make? List all other money you, or anyone else living in your household, has coming in:

per Q

hour

month year

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

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

C}

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 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

11-/0-/1

Signature

/x^? ^,4^,^

J~^V

/^a^/^ Rev. 1/6/12

SAC COUNTY JUDICIAL MAGISTRATE COURT WARREN L. BUSH, JUDICIAL MAGISTRATE SAC CITY, IOWA 50583 (712)662-7791 BOND AGREEMENT ! ^ ^ ^ ^ P . ^ vW..^

Q P C & v s n K I CV? ^ s t f Z > \ j

(PLEASE PRINT^hjve been charged with the

and promise to appear in the Sac County Magistrate Court y V U ^ W 2013, A l \c> i A M
d a f

(CHECK #1 OR #2 1. My appearance bond has been set at and I agree to post all of such bond or 10% as allowed in order to secure my release.
y /

r-o c=>
O J

CD CO

]/$

2. I have been released on my own recognizance pending my appearance at Magistrate Court.

~Z CD 5>I

ro

r = 0 0 r n
o c :

] / S 1 understand I have the right to be represented by an attorney. If I cannot afford one, one will be appointed for me upon application.
CD

\ / S I understand there are severe penalties for failing to honor this agreement. < Y> I understand my failure to appear at the designated date will cause this agreement to become null and void and a warrant for my arrest will be issued by the Judicial Magistrate.

ro

Signature of Inmate Bond posted by: Address: Amount: Dated:

The party who posted the bond agrees that any fines, surcharges, costs, restitution and other amounts owed may be paid therefrom upon disposition. That party further agrees that, if any sums remain, it may be used for repayment of accrued or accruing room and board charges during incarceration in jail.

Signature of Person Posting Bond (Surety) Received by:

Clerk of Court/Designee

E-FILED 2013 NOV 12 4:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ORDER VANESSA MAY SOUVANDY , Defendant. 02811 SRCR012459

Defendant's form is incomplete because she has not disclosed how much money she earned in the past year and other items. When she files a fully completed form the court will review it and determine if she qualifies for court appointed counsel.

1 of 2

E-FILED 2013 NOV 12 4:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012459 Type: Case Title STATE VS VANESSA MAY SOUVANDY OTHER ORDER So Ordered

Electronically signed on 2013-11-12 16:07:58

2 of 2

E-FILED 2013 NOV 25 4:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. VANESSA MAY SOUVANDY, Defendant. TRIAL INFORMATION Case No. SRCR012459

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, Ralph J. Freese (Defendant) of the crime of POSSESSION OF A CONTROLLED SUBSTANCE (MARIJUANA) FIRST OFFENSE, a violation of Iowa Code section 124.401(3), committed as follows: On or about November 10, 2013, the Defendant knowingly or intentionally possessed marijuana, which is a controlled substance, and the Defendant knew that the substance he possessed was marijuana.

A TRUE INFORMATION

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 NOV 25 4:41 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012459 Approval of Trial Information Case Title STATE VS VANESSA MAY SOUVANDY

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 2013-11-25 16:41:11

page 2 of 2

E-FILED 2013 NOV 25 4:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v.
VANESSA MAY SOUVANDY,

CASE No. SRCR !"#$%

ORDER SETTIN& ARRAI&NMENT AND 'OND

Defendant. T(e TRIA) INFORMATION and t(e MINUTES OF EVIDENCE in t(i* +atte, (ave -een e.a+ined and fo/nd to 0ontain */ffi0ient eviden0e, if /ne.1lained, to 2a,,ant a 0onvi0tion in a t,ial -3 4/,3, t(e,efo,e, t(i* +atte, *(all -e *et fo, A,,ai5n+ent. IT IS HERE'Y ORDERED, t(e Defendant *(all 1e,*onall3 a11ea, fo, A,,ai5n+ent at t(e Sa0 Co/nt3 Co/,t(o/*e, Di*t,i0t Co/,t,oo+, ! NW State St,eet, Sa0 Cit3, Io2a on t(e December 2, 2013 at 9:00 a.m. T(e Defendant i* HERE'Y NOTIFIED t(at fail/,e to a11ea, 2ill ,e*/lt in t(e i**/an0e of an a,,e*t 2a,,ant. IT IS FURTHER ORDERED, t(e Defendant6* -ond and 0ondition* fo, ,elea*e f,o+ 0/*tod3 in t(i* +atte, *(all -e7 'ond 1,evio/*l3 *et *(all 0ontin/e and t(e Defendant *(all o-e3 all Fede,al, State, and )o0al la2*.

State of Iowa Courts Type: Case Number SRCR012459 ORDER FOR ARRAIGNMENT Case Title STATE VS VANESSA MAY SOUVANDY So Ordered

Electronically signed on 2013-11-25 16:41:12

page 2 of 2

DIST RIC t CUUKl' ui iVrV.< SAG C0UNJ_Y__ FILED

.2013 N O W 26 AH 11: 07
IN THE IOWA DISTRICT COURT FOR Sac COUNTY

STATE OF IOWA or Plaintiff/Petitioner, vs. Defendant/Respondent

^)( Criminal

Civil

NO. ^K^plc-M $q
FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states Name: 1 / 4 , / q f S ^ Home Phone: l i z j - 2 j ^ Street Address: Pending charges: Do you have a job? No Job Yes, Full Time js^Yes. Part Time (List Hours/week: l/S C.Qglf v n g g _ per ip, hour month year 5 11 M O r ^ v , StlM fam/ty Birth Date: / /tyl^riM (, Z .
C

C R 7 J o Cell P h o n e : f " 7 < 2 ) 7 ^ H & > E - m a i l : S i . Apt #

/-yjt Jlfi) frwitrw i I. Q<v\ IB State Cg5 Zip No

VPuSfH Street/P.O. Box

^OCyrsUHTf City

Who do you work for? C f i f t f a f l t

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

How much money have you made in the last 12 months from any source, before taxes or deductions? a P / How many family members are supported by or live with you? ^ fl//^ per hour Q month year

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

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: 'Q .

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 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

11-/0-/1

Signature ^ t / i r , , ^ * ^ / f { , , / i ~ J ^
Rev. I/6/I2

E-FILED 2013 NOV 26 11:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. VANESSA MAY SOUVANDY , DEFENDANT. 02811 SRCR012459 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

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 A. Schulte, 421 Main St., Sac City, IA 50583 (712) 662-4715, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2013 NOV 26 11:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012459 Type: Case Title STATE VS VANESSA MAY SOUVANDY ORDER APPOINTING So Ordered

Electronically signed on 2013-11-26 23:39:37

2 of 2

E-FILED 2013 DEC 02 10:15 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 10:15 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 1:54 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. VANESSA MAY SOUVANDY , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on December 2, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on January 28, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/06/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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

Case No. 02811 SRCR012459

ORDER FOR TRIAL

E-FILED 2013 DEC 02 1:54 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 DEC 02 1:54 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012459 Type: Case Title STATE VS VANESSA MAY SOUVANDY ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-12-02 13:54:38

3 of 3

E-FILED 2013 DEC 02 1:54 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. VANESSA MAY SOUVANDY , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on December 2, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on January 28, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/06/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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

Case No. 02811 SRCR012459

ORDER FOR TRIAL

E-FILED 2013 DEC 02 1:54 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 DEC 02 1:54 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012459 Type: Case Title STATE VS VANESSA MAY SOUVANDY ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-12-02 13:54:38

3 of 3

E-FILED 2013 DEC 04 2:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURTIN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. VANESSA MAY SOUVANDY, Defendant.
IT IS THE ORDER OF THIS COURT: 1. Pretrial c nference in t!is "atter #nder I.R.Cr.P. 1$ %ill &e reset t &e !eld at 9:00 a. . n t!e 1!"# da' f $a%&a'( 2014, at t!e Sac C #nt' C #rt! #se, Sac Cit', I %a, t c nsider: a. P ssi&ilit' f settle"ent( &. Ti"e f r trial( and c. )atters t e*+edite t!e trial. ,. Cases %!ic! are - in- t &e settled if at all + ssi&le at r &ef re t!e +retrial s t!at t!e trial assi-n"ent %ill n t &e cl --ed %it! cases %!ic! are n t - in- t &e tried. .. /. Defendant s!all +ers nall' a++ear. If t!e Pre0Trial C nference ti"e d es n t % r1 f r defense c #nsel, c ntact t!e C #nt' Att rne' f r an t!er ti"e.

No: SRCR012459

ORDER RESET PRETRIAL CONFERENCE

Ori-inal filed, C +ies t : 2en3a"in 4 !n S"it!, Sac C #nt' Att rne' C!arles Sc!#lte, Defendant5s Att rne'

E-FILED 2013 DEC 04 2:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012459 ORDER FOR PRETRIAL CONFERENCE Case Title STATE VS VANESSA MAY SOUVANDY So Ordered

Electronically signed on 2013-12-04 14:50:46

page 2 of 2

E-FILED 2013 DEC 17 12:31 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,


vs.

02811 SRCR012459 ORDER OF CONTINUANCE

VANESSA MAY SOUVANDY , Defendant.

Pre-trial conference in this matter is currently scheduled in District Court for January 6, 2014. It should be rescheduled to coincide with the District Associate Court's Calendar.

This matter is continued, Pretrial Conference is scheduled on 01/15/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Trial remains scheduled for January 28, 2014, at 9:00 a.m.

Copies to: Plaintiff / Plaintiff's Attorney Defendant / Defendant's Attorney

1 of 2

E-FILED 2013 DEC 17 12:31 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012459 Type: Case Title STATE VS VANESSA MAY SOUVANDY ORDER FOR CONTINUANCE So Ordered

Electronically signed on 2013-12-17 12:31:28

2 of 2

E-FILED 2014 JAN 16 3:16 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 16 3:16 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 17 9:26 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 02811 SRCR012459 Plaintiff, vs. VANESSA MAY SOUVANDY , Defendant.

ORDER

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 either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 02/05/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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 JAN 17 9:26 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012459 Type: Case Title STATE VS VANESSA MAY SOUVANDY OTHER ORDER So Ordered

Electronically signed on 2014-01-17 09:27:35

2 of 2

E-FILED 2014 FEB 03 9:57 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY No.SRCROl2459 STATEOF IOWA, GUILTY PLEA PlaintilT MISDEMEANOR SERIOUS vs. SUBSTANCE CONTROLLL,D \.ANESSA MAY SOUVANDY, DOB:1l/2611993 Defendant.
COUNT I the follou'ing: Defendant, havecarefullyreadand fully understand I, the undersigned I arn charged rvith POSSESSION OF A SCHBDULE I CONTROI,LED SUBSTANCE' (MARIJUANA) FIRST OFFENSE. in violation of lowa CiodeSection l2'1 401(5)' a Serious and I herebyrcquestthat my plca of guilty to the chargcbc cnteredof record. Misderrcanor. A. The maxi:num punislment for this crtt e ts: o For the lrst offense, imprisonment of not more than six months in jail, and a fire of not plus all court costs and all costs and lees lnore than $1,000.00plus statutory surcharges, incuned for legal assistance. The surchargesinclude a 35ulosurcharge.a S125 Lalv EnlorcemcntInitiative Surchargeand a s10.00 DARE surcharge. The amount duc fi)l the lutc. surchargesand costs is lnmediately due on the date of sentencing,unlessa pa]ment plan entry The Court will also order is approvedby the court within thirty daysofthe Judgrnent license for 180 days. This is in additjon a drivcr's to rcvoke of Transportation the Departlnent or revocationof driving plivilegesI am presentlyserving. The crirnc ol to any suspension is a SeriousMisdemeanor. of ControlledSubstance Possession FirstOffense . In addition, tbr any Possession of Controlled Substanceconviction the Court shall Statc benefits,such as considerand nray order denial of certain Federal and cornparable license. This does not includc professional or commercial studentloans, grants,contracts, retiremcnr,rvelfare,Social Security,health,disability,veteran'sbencfits,public housingor similarbenefi1s. . I will be rcquired to pay correctional fees for incarceration and enrollment fees lor of.judgment, optionsmay rncludedcferralof sentence probation. I am awarethat senlcncing inposed of scntence the grantof probationand the suspension abuse evaluationat my own r I undcrstandI nray be required to colnpletea substance t h e C o u r l b e f u r cI a m s e n t e n c c d I .s i l l p r o r i d et h e c r a l u a t i o lllo e r - p c n s eI.1 ' o r d c r c d abuseprevention o The Court may order me to participate lrr a reality educationsubstance program. o The Court may order restitutionto any victim ofnry offense. In addition,thc Court may ordcr restitution up to $500 each to arry public agency (fire-fighting, lau' enforcement, which respondcdas a result of uy medical or any other emergencyservrces) ambulance, violation. that a crimnal conviction, delerredjudgrnent or deferred scntencel.nayaffect my B. I understancl under ledcralimmigrationlaws. status

to the ibllowingrights l glve up theserights by C. lf I pleadnot guilty, I rvouldbe cntitled guilty: plcading people of twelve andpublictrialby a jLrry ( l). Thc rightto a speedy

E-FILED 2014 FEB 03 9:57 AM SAC - CLERK OF DISTRICT COURT

me at tdal and, ifthe Court lbund I tvasunableto (2). The right to havean attorneyreprcscnt public expensc,appoint an attorney to representme tvould, at allord an attorney, the Court my (3). At trial, I rvould be presumedinnocentuntil such time, ifever, the State established doubt. guilt beyonda reasonable jury verdict of guilty would haveto be unanlrnous (4). At trial. a againstself:incrnination,that is' I cannotbe lbrccd to (5). At trial, I would havethe privrlege testif, and if I choose not to testify, the State llay not comment on the fact of rny tirilure to testifuand, at my request,I would be entitledto a jury instructionstatingthat the jury could not infer guilt frorn my failure to testiry. upon whose tesiirnonyit (6). At trial, the State would have to conflont me with witnesses reliedto obtainconviction,and I would havethe right to crossexamile thosewltnesses. (7). At trial, I would be entitled to prescnt witnessesto lestiry on my behalf and ttr l l t o i e r ' ti t n c . s e s lo securc c o r n p u l s o rp yr o c e s s

D . By pleadingguilty, therewill not be a trial of any kind. By pleadingguilty, Iwaive rny right to
trial. and rvill be treated as if I had beentried and found guilty by e jury. tvhetherthcre is a lactualbasisfor this plea of guilty, may make E . The Court, rn dcterrnining such a determination by examrning the Mu.rutes of Testirnony attached to thc Trial reports of law enforccmentagents u'ho haVC Information, by reviewing the investigative f'acts the lnaterial to reciteand summarize or by askng mc or oounsel the ofTense, investigated that would bc offeredat trial. The Court has the discretion to accept or reject any plea agreementmade betwccn the State and rnyselfi Thc plea agreement is: I will nlead guilty to the crime as charged.The

assessed to Defendant. to pay court costs,paynent of all includesthat I rvill bc responsible This plea agreement correciioll (1aii)fec lor any jaii restitution, victim legal assistance, costsand feesinculed for (sec paragraph B) applicablcto my case. time and all surchargesand mandatorypunishments havc I now statc to the Courl that I am, in f;rctGUILTY and that no thrcatsor promises ot' elements that the guilty. infonned plea I have been my of becn made to induce me to enter possess a the crirne are: I did knowingly and intentionally knowingly or intentionally unless Substance, I Controlled A Schedule controlled substance,to-wit: Mariiuana, the natureof the chargeagainstlne. such was obtained by valid prescription. I understand This offensewas committed by me in Sac County Iowa by my doing the following: I did

andwaiverof my this writtenpleaof guiltywith iirll knowledge state that I subnxt I hercby me to obtainthis made against have bccn rights and I do so lieely and voluntarily. No threats

E-FILED 2014 FEB 03 9:57 AM SAC - CLERK OF DISTRICT COURT

or favorable treatmcnthavebeenlnade,except lor any plea guilty plea. No promisesof leniency guilty plea. at the tirne of this to the Court brrgaindiscloscd my plea ofguilty. I realize: I-. If the Coufi accepts (l). The Court will set a sentencing date not lcss than fifteen days after the datc of its of this guilty plea unlcssI waive this right. In order to contestthis pieaof guilty, I acceptance must file a Motion in Arrest of Judgment at least five days prior to scntencing. The right to wrll be waived by having the Court imposea sentence file a Motron in Arest of Judgnrent today. this pleaof guilty, (2). Ifthe Court imposesa sentence today,I will neverbe ableto challenge guilty plea. my and I rvill be giving up my right to dLrectlyappeal I ask the Coud to acceptthis plea of guilty. I rvaivethe precedilg rights and my right to have me personally' thc Courl addrcss WAIVER OF MOTION IN ARREST OF JUDGMENl' norv. I understand that: my plea of guilty, I wish to be sentenced Court accepts Ifthe no later plea guilty, Motion in Arrest ofJudgment I must file a of I. In order to contestthis oI than 45 days after a plea of guilty and no later than 5 days prlor to pronouncement judgment,and that the Court will set a sentencing date not lessthan fificen days alier the of this guilty plea unlessI waive this right, and the right to filc a date of its acceptance now. a sentencc u'ill bc waivedby havrngthc Couft irnpose Motion in Anest of Judgment this pleaof now. I *'ill neverbe ablc to challenge 2. Bl havingthe Coufi imposemy sentence guilty and I will be giving up rny right to directlyappealrny guilty plea. e to which I may bc cntitled me now and I waivc any tirr. I hcrebyrequestthe Coun senlence at a later date. tbr sentencing WAIVER Ol.'RIGHT TO BE PRESBNT right to be presentat my sentencirg I have beenfully advisedthat I havea constitutional or not, and that it is my choiceto bc present in rny own behalf. I understand evidence and present r n e l r o r n s e n t e n c i n g . exelude t h a tn o o n c c a r r that rny decision whether to be present With the above rn rmnd, and further understanding or not is my own decision, I hereby knowurgly and voluntarily waive the right to be present at lny

Defendant's Attomey Schulte,


S'IAI'E OF IOWA SAT COUNTY a .e

or this -1Qld,ay or
pcrsonally appeared State, person the namcd in andwho cxccuted \ o[mtarY actanddced. e State ol

I 8*i,:',i; ^+;;,:,,t:fi

E-FILED 2014 FEB 03 2:37 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plain i!!, $%. 'ANESSA MAY SOU'ANDY, D+!+n2an . ) ) ) ) ) ) ) ) )

CRIM. NO. SRCR012459 ORDER ACCEPTIN" P#EA AND &UD"MENT ENTRY C(a)*+ , P-%%+%%i-n -! Ma)i./ana S+0 i-n , 124.40115), C-2+

NOW -n (+ 3)2 2a4 -! F+5)/a)4, 2014, (+ 2+!+n2an %/56i % (+) $+)i!i+2 7)i +n Pl+a -! "/il 4. T(+ 2+!+n2an i% 0(a)*+2 7i ( P-%%+%%i-n -! Ma)i./ana, in $i-la i-n -! S+0 i-n 124.40115) -! (+ I-7a C-2+. T(+ S a + a88+a)% 54 Sa0 C-/n 4 A -)n+4, 9+n S6i (. T(+ D+!+n2an 7ai$+% (+) 8+)%-nal a88+a)an0+ an2 a88+a)% 54 0-/n%+l, C(a)l+% S0(/l +. T(+ 7)i +n 8l+a -! */il 4 %(-7% (a (+ 2+!+n2an :% 8l+a i% $-l/n a)4, 5+in* !)++l4 an2 in +lli*+n l4 6a2+, 7i ( an /n2+)% an2in* -! (+ 0(a)*+, 7i ( ;n-7l+2*+ -! (+ 8+nal 0-n%+</+n0+% -! (+ 8l+a, 7i ( !/ll ;n-7l+2*+ -! (+) 0-n% i / i-nal )i*( %, an2 (a %ai2 )i*( % a)+ 7ai$+2 54 a 8l+a -! */il 4, 7i (-/ an4 ()+a %, i68)-8+) in2/0+6+n % -) 8+)%/a%i-n, an2 (+ C-/) !in2% (+)+ i% a !a0 /al 5a%i% !-) (+ 2+!+n2an :% 8l+a -! */il 4. T(+ 7)i +n 8l+a in2i0a +% (+ 2+!+n2an :% in!-)6+2 /n2+)% an2in* -! (+) )i*( % 0-n +68la +2 in (+ 0a%+% -! S a + $. Si%0-, 1=9 N.W.22 542> 9)aina)2 $. S a +, 222 N.W.22 ?11> an2 S a + $. R+a$+%, 254 N.W.22 4@@, all a% %(-7n in (+ 2+!+n2an :% 7)i +n 8l+a -! */il 4, 7(i0( 8l+a i% 6a2+ a 8a) (+)+-! 54 (i% )+!+)+n0+. T(+ C-/) , (+)+!-)+, a00+8 % (+ 2+!+n2an :% 8l+a -! */il 4, an2 i i% +n +)+2 -! )+0-)2. T(+ 2+!+n2an in2i0a +% (+) /n2+)% an2in* -! (+) )i*( - a22i i-nal i6+ an2 (+ )i*( - !il+ a M- i-n in A))+% -! &/2*6+n an2 (+ n+0+%%i 4 -! 2-in* %- a l+a% !i$+ 2a4% 8)i-) - (+ 2a + %+ !-) %+n +n0in* an2 in2i0a +% (+) $-l/n a)4 7ai$+) -! (-%+ )i*( % an2 (+) 2+%i)+ - 8)-0++2 i66+2ia +l4 %+n +n0in*. T(+ C-/) , !in2in* (+ 2+!+n2an :% 7ai$+)% a)+ $-l/n a)4 an2 6a2+ 7i ( an /n2+)% an2in* -! (+) )i*( %, a00+8 % (+ 7ai$+)% an2 8)-0++2% - +n )4 -! ./2*6+n . T(+ 2+!+n2an A% 0-/n%+l in2i0a +% (+ ;n-7% -! n- l+*al 0a/%+ 7(4 ./2*6+n an2 %+n +n0+ %(-/l2 n- 5+ 8)-n-/n0+2. T(+ D+!+n2an i% a2./2*+2 */il 4 -! (+ -!!+n%+ -! P-%%+%%i-n -! a C-n )-ll+2 S/5% an0+, Ma)i./ana, in $i-la i-n -! I-7a C-2+ S+0 i-n 124.40115). T(+ D+!+n2an i% %+n +n0+2 - 5+ in0a)0+)a +2 in (+ Sa0 C-/n 4 &ail !-) a 8+)i-2 -! 30 2a4%, 7i ( 0)+2i !-) i6+ %+)$+2, i! an4, a% %(-7n 54 (+ )+0-)2% -! (i% 0-/n 4. T(i% %+n +n0+ i% %/%8+n2+2 in i %

E-FILED 2014 FEB 03 2:37 PM SAC - CLERK OF DISTRICT COURT

+n i)+ 4 an2 D+!+n2an i% 8la0+2 -n 8)-5a i-n - (+ Sa0 C-/n 4 P)-5a i-n O!!i0+ !-) a +)6 -! -n+ 4+a). T(+ D+!+n2an i% !/) (+) -)2+)+2 - 8a4 a !in+ in (+ %/6 -! B315.00, 8l/% a 35C %/)0(a)*+, a B10.00 D.A.R.E. %/)0(a)*+, a B125 #a7 En!-)0+6+n Ini ia i$+ S/)0(a)*+, (+ 0-/) 0-% % -! (i% a0 i-n, in0l/2in* 0-))+0 i-nal !++% a% 0+) i!i+2 54 (+ S(+)i!!, an2 0-/) Da88-in +2 a -)n+4 !++%. D+!+n2an %(all 8a4 (+%+ !inan0ial -5li*a i-n% - (+ Cl+); -! C-/) -! (i% 0-/n 4 -) -nlin+ a 777.i-7a0-/) %.*-$. D+!+n2an %(all (a$+ (+ 5alan0+ 2/+ 8ai2 in !/ll 7i (in -n+ 4+a) !)-6 (+ 2a + -! +n )4 -! (i% -)2+). T(+ D+!+n2an %(all -5 ain a %/5% an0+ a5/%+ +$al/a i-n an2 0-68l4 7i ( an4 )+0-66+n2a i-n% !-) )+a 6+n %+ -/ in (+ %/5% an0+ a5/%+ +$al/a i-n. D+!+n2an %(all !il+ a 0-84 -! (+ +$al/a i-n 7i ( (+ Cl+); -! C-/) 7i (in -n+ 4+a) -! -2a4A% 2a +. T(+ D+!+n2an A% 2)i$in* 8)i$il+*+% a)+ (+)+54 )+$-;+2 !-) a 8+)i-2 -! 1@0 2a4%. T(+ )+a%-n% !-) (i% %+n +n0+ in0l/2+ (+ !-ll-7in*E D+!+n2an A% a*+> 8)i-) 0)i6inal (i% -)4> a i /2+ -7a)2 )+(a5ili a i-n> !a0 % an2 0i)0/6% an0+% -! (i% 0a%+> !a6il4 an2 +68l-46+n 0i)0/6% an0+%> n++2 !-) 8)- +0 i-n -! (+ 0-66/ni 4 an2 2+ +))+n i68a0 /8-n D+!+n2an an2 - (+)% %i6ila)l4 %i /a +2. Any bond money previously posted is released and exonerated. A88+al 5-n2 i% %+ in (+ %/6 -! B1,000.00. IT IS FURTHER ORDERED (a Ca%+ N-. STA00191?? i% 2i%6i%%+2 /8-n 6- i-n -! (+ 0-/n 4 a -)n+4 an2 8/)%/an - 8l+a a*)++6+n 7i ( 0-% % aF+2 - (+ D+!+n2an .

COPIES TOE C-/n 4 A -)n+4 D+!+n%+ C-/n%+l Sa0 C-/n 4 P)-5a i-n O!!i0+ I-7a D.O.T.

E-FILED 2014 FEB 03 2:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012459 STA0019177 OTHER ORDER Case Title STATE VS VANESSA MAY SOUVANDY STATE vs. SOUVANDY, VANESSA MAY So Ordered

Electronically signed on 2014-02-03 14:37:01

page 3 of 3