Lake View Man Fined $200 For No Valid Driver's License

E-FILED 2013 DEC 07 5:39 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 09 9:22 AM SAC - CLERK OF DISTRICT COURT

BAIL BOND
STATE OF IOWA, COUNTY OF
STATE OF IOWA
V S.
Before (Judge, Magistrate)
Criminal Case No.
BAI L BOND
Defendant
An indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of
on the Q. day of charging
_with the crime of.
(designating it as in the warrant, indictment, or complaint), and such person having been duly admitted to bail in the sum of
DOLLARS:
We, Defendant, and
Seneca Insurance Company
Surety, hereby undertake that the said
Court of the County of
, Defendant, shall appear at the Di stri ct
, on the Up day of Dfl-C -e. lYîÛr 20 and
answer the said indictment (or charge), and submit to the orders and judgment of said court, and not depart without leave of same,
or if such person fails to perform either of these conditions, that such person will pay to the State of lowa the sum of
(Insert the sum in which the Defendant is admitted to bail)
Defendant
/ Surety
Acknowledged before and accepted by me at
in the County of
20.
LEDERMAN BAIL. BONDS
712 Sycamore Street
Waterloo, IA 50703
319-233-6624
-this
in the Township of
day of
(Signature)
(Official title)
\
WARNING! DO NOT ACCEP T THIS DOCUMENT UNLESS YOU CAN SEE-A TRUE WATERMARK AND V ISi BLE FIBERS FROM BOTH SIDES. "
POWER OF ATTORNEY
VALID IF POSTED BY:
INSURANCE COMPANY. INC
f
ISO WATER ST. , NEW YORK, MY 10038
[WER AMO U N T S ^
6,000
POWER NO. S Q5
July 1, 2014
02087297
OW A L L MEN BY THESE PRESENTS that Seneca Insurance Company, Inc., a corporation duly organized and existing under the laws ofthe State of New York, has constituted and appointed, and
does hereby constitute and appoint the named Executing Agent its true and lawful Attorney-in-Fact, with full power and authority to sign the company's name and affix its corporate seal to, and deliver
on its behalf as surety, any and all obligations as herein provided, and the execution of such obligations in pursuance of these presents shall be as binding upon the company as fully and to ail intents and
purposes as if done,by the regularly elected officers of said company at its home office in their own proper person; and the said company hereby ratifies and confirms all and whatsoever its said Executing Agent
may lawfully do and perform in the premises by virtue of these presents. . . . . . . . . . - . . . .
The obligation of the company shall not exceed the sum of . / S I X T H O U S A N D D O L L A R S
The authority of the Executing Agent under this Power of Attorney islimited to appearance bonds only and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitation,
fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of Attorney is for use with Bail Bonds only
and is void if altered, erased, or used with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or Civil Bonds. A separate Powerof Attorney must be attached-'
to each bond executed' STACKING OF POWERS IS STRICTLY PROHIBITED! No more than one power from this Surety may be used to execute any one bond. Powers of Attorney must not be returned
to Executing Agent, but should remain a permanent part ofthe court records. /
\ I
IF BOND FORFEITS, attach a copy ofthis Power of Attorney to the forfeiture notice and mail to SENECA INSURANCE COMPA NY, INC., A TTN: BAIL BOND DEPT., 160 WATER ST., 16TH FL.,
\ i ^ J * A~ - ^ - ~ SA J
NEW YORK, NY 10038 and the Executing Agent named below at:
rreirure notice ana man to &tiNt,UA iiNauKAfNut LUivit/AiNY, IINU..
IN WITNESS WHEREOF, Seneca Insurance Company, Inc. has caused these presents to be signed by its duly authorized Executing Agent and Attorney-in-Fact, proper for the purpose
_<g> day of Od.c*.rt\ h3Jr <=2& *3 { and its corporate seal to be hereunto affixed this_
^ vi Ol
.Premium Charged $.
)
Bond Amount $
Defendant _
-D)t>TtLiCT V
Appearance Date _ . Time & - 3 Q
D.O.B. . Case No..
Cour t .
C i t y . 5 Ar. c try
. State . Jêv JO A~
Charge .
Charge
I//A! tiuJiL f ftAil/lj^.-n
County .
SAC,
y "
Charge / C
Attorney-in-Fact
If rewrite,
Original No. Amount $
Executing Agent
License No.
ketary Chairman.
MARC T.A. WOLIN DOBGLAS M. LIBBY Î
, FOR STATE USE ONLY
NOT VALID IF USED IN FEDERAL COURT
IT IS UNLAWFUL TO PRINT OR REP RODUCE THIS FORM.
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

SHAUN MICHAEL CORNELIUS ,
Defendant.

Case No: 02811 AGCR012473

INITIAL APPEARANCE

Charges:
01 - 321.561 - DRIVING WHILE BARRED HABITUAL OFFENDER - 1978 (AGMS)

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
2 Years Prison
And/Or $a fine of not less than $625 nor greater than $6,250 plus 35% surcharge and
court costs.

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.
1 of 3

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:
Surety bond to continue. Defendant shall not drive while barred. Defendant shall not use any alcohol
or illegal drugs during the pendency of this matter.

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 01/06/2014 at 10:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.

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
State of Iowa Courts
Case Number Case Title
AGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUS
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-12-16 08:53:40
3 of 3
DISTRICT COUKI OF t O^
IOWA DISTRICT COURT FOR SAC COUNTY SAC.CWjHTY
STATE OF IOWA,
PLAINTIFF
2013 DEC 16 ftrl 8:59
NO. Ataww)^
vs. APPLICATION TO WAIVE
ATTORNEY AND PROCEED (PRO SE)
DEFENDANT
In support of my application to waive attorney I state:
1. I know I have a right to be represented by an attorney in this case
and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2. I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3. I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4. Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.
Dated this (2.^-Q
Defendant
1
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012473
Plaintiff,
vs.
TRIAL INFORMATION
SHAUN MICHAEL CORNELIUS,
DOB: 02/11/1989
Defendant.
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, Shaun Michael
Cornelius of the crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED
UNDER SECTION 321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in
violation of Iowa Code Sections 321.560 and 321.561 committed as follows:
The said Defendant, Shaun Michael Cornelius, on or about December 7, 2013, in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the
state while license has been barred for being a habitual offender under section 321.555 and
321.556 of the Code of Iowa.
A TRUE INFORMATION
/s/Benjamin John Smith
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
AT0008834
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2014 JAN 08 8:55 AM SAC - CLERK OF DISTRICT COURT
2
NAMES OF WITNESSES- AGCR012473:
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OF
TRANSPORTATION
Type: Approval of Trial Information
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 2014-01-08 08:55:41 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

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 01/15/2014 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
Type: ORDER FOR ARRAIGNMENT
So Ordered
Electronically signed on 2014-01-08 08:55:41 page 2 of 2
STATE OF IOWA,
Plaintiff,
vs.
Defendant.
COMES NOW the Defendant in the above-captioned criminal case and under oath states:
1. I have been informed of my right to be represented by an Attorney, and decline to be
represented by an attorney and I wish to proceed ProSe.
2. My current mailing and residence addresses and telephone number are:
Telephone: 7f2- $G<?-aX<S>f
My date of birth is fc^fV^y / / ^ / ^ t f ?
3.1 can read and understand English language and have completed the following level of
education: /-/''tyk ScUuef .
4. I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this
Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings
which are computed from the date of arraignment will be computed from the date of filing
this Written Arraignment and Plea of Not Guilty.
5. I have received a copy of the Trial Information which charges me with the crime of
OPERATING A MOTOR VEHICL E WHILE LICENSE IS BARRED UNDER
SECTION 321.560 AS A HABITUAL OFFENDER an Aggravated Misdemeanor, in
violation of Iowa Code Sections 321.560 and 321.561. I have read it and I have familiarized
myself with it contents.
6. With regard to the name by which I am charged in the Trial Information (either check "a"
or check and complete "b"):
a. The name on the Trial Information is my true name. I have been advised and
understand that I am now precluded from objecting to the Trial Information upon the
grounds that I am improperly named.
( ) b. The name shown on the Trial Information is not my true name. My true name
* No. AGCRO12473 I*
WRITTEN ARRAIGNMENT
0 1
PLEA OF NOT GUILTY 5
ProSe <jp
cr
*
*
*
*
*
is . I request that an entry be made in the
minutes showing my true name. I have been advised and understand further
proceedings will be had against me by that true name, the Trial Information will be
amended accordingly, and when the Trial Information is so amended, I will be
precluded from objecting upon the grounds I am improperly named.
7. I have advised and understand that I may plead guilty, not guilty or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to contemplate my case,
and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa
Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the
Trial Information and (check either "a" or "b"):
(x ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).
11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal
Procedure. I will be available for trial on the following days: g ^ V
J
Defendant, Shaun Michael Cornelius
STATE OF IOWA )
) SS
SAC COUNTY )
On this I ^ day of JS a^ ^
f
y 2014, before my the undersigned, a Notary
Public, in and for said State, personally appeared
^ nQi m ClrtftîlAiU , to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that he executed the same of his voluntary act and deed.
Notary Public in and for the State of Iowa
Original e-filed
Copy to be provided to:
Sac County Attorney
Defendant
SHELLEY BASS
Clerk of District Court - Designee
Sac County
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


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

The defendant having filed a written arraignment in this matter on January 15, 2014.

The defendant DEMANDS the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 02/19/2014 at 11:30 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 03/04/2014 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.

1 of 3
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
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 FEB 19 5:06 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 AGCR012473

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 03/19/2014 at
11:00 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
Type: OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 AGCR012473

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 04/02/2014 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 MAR 19 2:18 PM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 MAR 19 2:18 PM SAC - CLERK OF DISTRICT COURT
2RCR18

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

Case No. 02811 AGCR012473

O R D E R
The Defendant failed to appear for the further proceedings hearing scheduled
for April 2, 2014. A warrant should now issue for the Defendant's arrest to secure
his appearance for those proceedings.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.
Bond on that warrant shall be $2,000.00 cash only.
2. When the Defendant has been arrested and is available for the further
proceedings proceedings, the State shall so notify the Court. The further
proceedings hearing will then be rescheduled.

CLERK TO FURNISH COPIES TO:
BENJAMIN JOHN SMITH
SAC COUNTY SHERIFF
1 of 2
E-FILED 2014 APR 02 9:53 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered
2 of 2
E-FILED 2014 APR 02 9:53 AM SAC - CLERK OF DISTRICT COURT
DISTRICT I'UUHi' Ur IOWA
SAC COUNTY
FILED
20UMAY 12 AH 8:08
EN THE IOWA DISTRICT COURT FOR.
Sac
COUNTY
STATE OF IOWA or
vs.
PlaintifE'Petitioner,
Defendant/Respondent.
^ Criminal Civil
NO. ftGCKOIZHHft
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: [ fcfr . A i f , H .41X BirthDate: L ^ I l i l ? !
Home Phone: Cell Phone: E-mail:
Street Address: ,.
J
C> <
Street/P.O. Box Apt # City
Pending charges:
Do you have a job? No Job ^ Yes, Full Time Yes, Part Time (List Hours/week:
Who do you work for? j--/ ... ' <. f f K > ,1- {':'?' &\ t?'
V
'
r
l
How much money do you currently make before taxes or deductions?
:
"!
State Zip
In Jail? i f V es No
)
per El" hour month year
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? jSgffi'
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 corning in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
I|ist amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I
I'I'-I.
^ t / H \ - " /
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. ^ . / if
Date Signature
nr.
JO .... r'r..\.
Rev. 1/6/12
E-FILED 2014 MAY 12 8:09 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

02811 AGCR012473

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 Chuck Schulte, a contract attorney, is appointed.

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2
STATE OF IOWA, No. AGCR012473
Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of Count I:
FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING A
MOTOR VEHICLE, a Scheduled Violation in violation of Iowa Code Section
321.174(1) for the reasons of the circumstances of the facts of the case, and in the
furtherance of justice.
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012473
Plaintiff,
AMENDED
vs.
TRIAL INFORMATION
DOB: 02/11/1989
Defendant.
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, Shaun Michael
Cornelius of the crime of FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE
OPERATING A MOTOR VEHICLE, a scheduled violation, in violation of Iowa Code
Section 321.174(1) , committed as follows:
The said Defendant, Shaun Michael Cornelius, on or about December 7, 2013, in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a
public highway without a valid drivers license.
A TRUE INFORMATION
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123

THE STATE OF IOWA, )
Plaintiff ) AGR102473
)
Vs. ) MOTION FOR RELEASE
)
SHAUN MICHAEL CORNELIUS
Defendant
______________________

COMES NOW the defendant by his Attorney, Charles A. Schulte, and states:

1. The defendant is presently held in the Sac County Jail on a warrant issued for his
failure to enter a guilty plea as agreed pursuant a plea bargain with the Sac
County Attorney.

2. The defendant has now executed a written guilty plea pursuant to the plea bargain
and has agreed to pay a fine, surcharges, costs and restitution for court appointed
attorney fees. No jail time is required.

3. The defendant should be released.

WHEREFORE: The defendant prays the Court for an Order releasing him from
custody.

Respectfully submitted,

/s/ Charles A. Schulte
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715

STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.

02811 AGCR012473

ORDER TO AMEND

THIS MATTER COMES before the Court this 13th day of May, 2014. The Court FINDS that the
charge against Defendant herein should be amended as specified in the State's Motion.

IT IS THEREFORE ORDERED that the charge herein is amended.

Copies to:
County Attoney
Defense Counsel or Defendant
1 of 2
Type: OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 AGCR012473

ORDER

The Court finds that the terms of Defendant's release should be modified as provided herein.
IT IS, THEREFORE, ORDERED that the terms of Defendant's release prior to trial are hereby
modified such that Defendant is to be released on his own recognizance.

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
I N THE I OWA DI STRI CT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
VS.
SHAUN MI CHAEL CORNELTUS,
DOB: 02l l l / 1989
Defendant.
No. AGCR0l 2473
GUI LTY PLEA
AMENDED
COUNT I
I, the undersigned Def' endant, have carefully read and fully understand the following:
I am charged with driving while Barred-Habitual Ofl' ender, an Aggravated Misdemeanor, in
vi ol at i on of l owa Code Scct i on 321. 555(l )(b), pursuant t o Sect i on 321. 561. I n conj unct i on
with a Plea Agrecment madc with the Sac County Attomey whereby he will amend Count I to a
charge of FAILURE TO HAVE VALID LICENSE OR PERMIT WHILE OPERATING
A MOTOR VEHICLE in violation of lorva Code Section 321,174(1). I now request that
my plea of not guilty be changed to a Plca of Guilty to the amended charge.
For this offense there is a scheduled fine of$200.00, plus the 35% surcharge in the amount of
$70.00,
the
$5.00 County Enforcement Surcharge, and couft costs which are inmediately due
on the date ofsentencing, unless a paltnent plan is approved by the court within thirty days of
the Judgmer.rt entry. I acknowledge that, the Court may order me to perfbrm community
service work if the Court is of the opinion that community service work will deter and
discourage others li'om similar criniinal activity. (The rate at which community seruice shall
be calculated against my tlne shall be the federal minimum wage.) ln addition, I may be
required to pay correctional fees for incarceration and enrollment fees for probation. I am
aware that, sentencing options n.ray include defbrral of
judgment
and Sentence, the grant of
probation and the suspension ofthe sentence imposed.
I understand that, a criminal conviction, defened
judgment
or defened sentence may affect my
status under federal immigration laws.
If I plead not guilty, I would be entitled to the following rights. I give up these rights by
plcading guilty:
( I
).
The right to a speedy and public trial by a
jury
of twelve people.
(2). The right to have an attorney represent me at trial and, if thc Court found I was unable to
afford an attorney, the Court would, at public expense, appoint an attorncy to represent me
(3). At trial, I would be presumed innocent until such time, if ever; the Statc established my
guilt beyond a reasonable doubt.
(zl).
At trial, a
jury
vcrdict of guilty would have to bc unanimous.
(5). At triat, I would have the privilege against self-incriminatron, that is, I cannot be lbrced to
testify, and if I choose not to testily, the State may not conxnent on thc fact ofmy failure to
B.
C.
D.
E-FILED 2014 MAY 13 1:50 PM SAC - CLERK OF DISTRICT COURT
testif,/ and, at my request, I would be entitled to a
jury
instruction stating that the
jury
could
not infer guilt liom my failure to testi!.
(6).
At trial, the State would have to conliont me with witnesses upon whose testimony it
relied to obtain conviction, and I would have the right to cross examine those witnesses.
(7). At trial, I would be entitled to present witnesses to testifo on my behalf and to
compulsory process to secure those witnesses.
E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to
trial, and will be treated as if I had been tried and found guilty by a
jury.
F. The Court, in detcrmining whether there is a factual basis for this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the Trial
Information, by reviewing the investigative reports of law enforcement agents who have
investigated the offense, or by asking me or counsel to rccitc and summarize the material facts
that would be offbred at trial.
The Court has the discretion to accept or reject any plea agreement made between the State
and myself The plea agreement is: The County Attorney will request the charse be
amended to Failure to have a Valid License or Pemit While Operating a Motor Vehicle. a
scheduled violation. in violation of lowa Code Section 321.174(1). and I will plead guiltv to
the amended charge. I will oay a fine in the amount of$200.00. plus the 35% surcharge. the
$5.00 County Enlorcement Surcharge. coufi aDDointed attomey fees. and court costs: to be
paid by
paying
$50.00 oer month beginning on the l5' r' da)' of the month following the
Judgment entry. and to continue of the l5'" day of each month thereafter until paid in full. I
understand that if one
pa).,ment
rs missed. the entire amount becomes past due.
This plea agreement includes that I will be responsible to pay couft costs, payrnent of all costs
and fees mcurred fbr legal assistance, victim restitution, correction (iail) fee for any
jail
time
and all surcharges and mandatory punishments (see paragraph B) applicable to my case
I now state to thc Court that I am, in fact GUILTY and that no threats or promises have been
made to induce me to enter my plea of guilty. I have been informed that the elements of the
crime are: A
person
who fails to have a valid license or
permit
lvhile operating a motor
vehicle on a
public
roadlvay,
I understand the nature ofthe charge against me.
This offense was committed by me in Sac County Iowa by my doing the following:
!!!g!
I hereby state that I submit this wntten plea of guilty with full knowledge and waiver of my rights
and t do so lieely and voluntarily. No threats havc been made against me to obtain this guilty
plea. No promises of leniency or fbvorable treatment have been rnade, except for any plea bargain
disclosed to the Coufi at the time of this guilty plea.
G. if the Coufi accepts my plea of guilty, I rcalizc:
(l). Thc Court will set a sentencing date not less than fifteen days after the date of its
acceptancc of this guilty plea unless I waive this right. In order to contest this plea of guilty, I
must file a Motion in Arrest of Jr"rdgment at least live days prior to sentencing. Thc right to
on or about the 7' " dav of December 2013. fail to have a valid license or nermit while
ooerating a motor vehicle on a
public
roadwav.
file a Motion m Arrest of Judgment will be waived by having the Court impose a sentence
today.
(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty,
and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have
the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:
l. ln order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of
judgment,
and that the court will set a sentencing date not less than fifteen days after the
date of its acceptance of this guilty plca unless I waive this right, and the right to file a
Motion in Arrest of Judgment will be waived by having the court impose a sentence now.
2. By having the court imposc my scntence now, I will never be able to challenge this plea of
guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the coud sentence me now and I waive any time to which I may be entitled
for sentencurg at a later date.
WAIVER OF RTGHT TO BE PRESENT
I have been fully advised that I have a constitutional right to be present at my sentencing
and present evidence in my own behalf. I understand that it is my choicc to be present or not, and
that no one can exclude n.re liom sentencing.
With the above in murd, and further understanding that my decision whether to be present
or not is my own decision, I hereby knowingly and voluntarily rvaive the right tg be present at my
sentencmg.
STATE OF IOWA
SAC COLINTY
SS
On thi s I
,/
day of
State, persoral l y appeared
known to be the i denti cal person nal ned i n and who
executed the same ofhi s vol untary act and deed.
2014 hcn' r!_]]l e the under.rgned. a Notary Publ i c i n artd for sai d
to Jne
that he
ZSCHED

STATE OF IOWA,

Plaintiff,

vs


Defendant.

02811 AGCR012473

Sentencing Order

Charge(s):

Ct. Code Description
01 - 321.174(1) - NO VALID DRIVERS LICENSE

The defendant appears and pleads guilty.
The Court Orders that the Defendant pay a fine of $200.00, a criminal penalty surcharge of
$70.00 and the court costs of this case.
Pursuant to Iowa Code Section 911.4, the Court also Orders that the defendant be assessed the
County Enforcement Surcharge of $5.00.
This judgment shall be paid in installments of not less than $50.00 per month beginning no
later than 06/12/2014. Payments shall be made at the office of any Clerk of Court or online at
www.iowacourts.gov.
Appearance bond, if any, is exonerated.

A party takes an appeal by giving notice orally to the magistrate at the time judgment is rendered
that the party appeals or by filing with the clerk of the district court not later than ten (10) days after
judgment is rendered a written notice of appeal.
1 of 2
Type: ORDER OF DISPOSITION
So Ordered
2 of 2

Lake View Man Fined $200 For No Valid Driver's License

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E-FILED 2013 DEC 07 5:39 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 09 9:22 AM SAC - CLERK OF DISTRICT COURT

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