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E-FILED 2013 DEC 10 4:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 11 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA
Plaintiff

Case No. 02811 FECR012474

vs
Summons or Citation
VALERIE LOUISE KUHLERS
Defendant

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
THEFT 1ST DEGREE
in violation of Section(s) 714.2(1) of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
12/23/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. .
YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as
contempt of court.

/s/ SHELLEY BASS


CLERK OF DISTRICT COURT
SAC COUNTY IOWA
Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate
before whom the complaint was filed; otherwise it must be signed by the Clerk of Court.
Service: Although personal service is preferable, this notice can be served in the manner of an
original notice (804.1).

E-FILED 2013 DEC 13 2:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. FECR012474
Plaintiff,
APPEARANCE

v.
VALERIE LOUISE KUHLERS,
Defendant.

COMES NOW, the undersigned attorney and enters his appearance on behalf of
the defendant.

/s/ John P. Loughlin


__________________________
John P. Loughlin #AT0004856
LOUGHLIN LAW FIRM
231 West Maple Street
Cherokee, IA 51012
(712) 225-2514
(712) 225-2515 (fax)
jploughlinlaw@gmail.com
ATTORNEY FOR DEFENDANT

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

CASE No. FECR012474

Plaintiff,
v.

TRIAL INFORMATION

VALERIE LOUISE KUHLERS,


Defendant.

COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,
Iowa, and in the name and by the authority of the State of Iowa, accuses
VALERIE LOUISE KUHLERS (defendant) of the crime of THEFT IN THE
FIRST DEGREE, a Class C Felony committed as follows: In Wall Lake, Iowa,
from around September 16, 2010, through March 2013, defendant stole
approximately $130,000 cash from Don Gansemer / Dons Diesel Repair, which
cash was stolen from the same person and from the same location by two or
more acts, so that the thefts are attributable to a single scheme, plan, or
conspiracy. IOWA CODE 714.1(2), 714.2(1), 714.1(3)

COUNT 2
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of SPECIFIED UNLAWFUL ACTIVITY, a
Class B Felony, committed as follows: On an ongoing basis between January
2009 and March 2013, in Wall Lake, Iowa, defendant, for financial gain,
committed at least 187 indictable theft offenses (31 acts of 2nd degree theft, 52
acts of 3rd degree theft, and 90 acts of 4th degree theft) and at least 125
indictable forgery offenses. IOWA CODE 706A.2(4), 706A.1(5), 803.1, 715A.2
Iowa Const. art. I, 11

COUNT 3
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

committed as follows: On or around December 18, 2012, defendant, with the


intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 4
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around September 21, 2012, defendant, with the
intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 5
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around October 6, 2012, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 6
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around October 9, 2012, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

COUNT 7
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around October 18, 2012, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 8
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around November 15, 2012, defendant, with the
intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 9
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around November 15, 2012, defendant, with the
intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 10
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around January 7, 2013, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 11
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around February 8, 2013, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 12
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around February 11, 2013, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

COUNT 13
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around February 15, 2013, defendant, with the intent
to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing
purporting to be a check, draft, or other writing which ostensible evidences an
obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed
it or authorized its execution. IOWA CODE 715A.2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

COUNT 14
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around March 1, 2013, defendant, with the intent to
defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting
to be a check, draft, or other writing which ostensible evidences an obligation of
Don Gansemer / Dons Diesel Repair who has purportedly executed it or
authorized its execution. IOWA CODE 715A.2

COUNT 15
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around March 7, 2013, defendant, with the intent to
defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting
to be a check, draft, or other writing which ostensible evidences an obligation of
Don Gansemer / Dons Diesel Repair who has purportedly executed it or
authorized its execution. IOWA CODE 715A.2

COUNT 16
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses VALERIE LOUISE
KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,
committed as follows: On or around March 8, 2013, defendant, with the intent to
defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting
to be a check, draft, or other writing which ostensible evidences an obligation of
Don Gansemer / Dons Diesel Repair who has purportedly executed it or
authorized its execution. IOWA CODE 715A.2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

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 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

TED HELMICH, Police Chief, Lake View Police Department

ROYCE KEMMANN, Peace Officer, Lake View Police Department

DON GANSEMER, Mechanic / Owner Dons Diesel Repair

KEVIN SPORRER, Westside State Savings Bank

LILA CRAWFORD, Westside State Savings Bank

TRAVIS KNOBBE, Westside State Savings Bank

MATT LUJANO, Westside State Savings Bank

LORI POLAND, Westside State Savings Bank

DAN DOTZLER, United Bank Of Iowa

JEREMY KUCHEL

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
FECR012474

Case Title
STATE VS VALERIE LOUISE KUHLERS

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 2014-01-21 11:08:32

page 8 of 8

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

CASE No. FECR012474

Plaintiff,
v.
VALERIE LOUISE KUHLERS,

ORDER ISSUING ARREST


WARRANT, SETTING
ARRAIGNMENT AND BOND

Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter
have been examined and found to contain sufficient evidence, if unexplained, to
warrant a conviction in a trial by jury, therefore, this matter shall be set for
Arraignment.
IT IS ORDERED that the Clerk of Court shall issue a warrant for defendants
arrest.
IT IS FURTHER ORDERED that the Clerk of Court shall set defendants
arraignment for 9:00 a.m. February 10, 2014, at the Sac County Courthouse.

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
FECR012474

Case Title
STATE VS VALERIE LOUISE KUHLERS
So Ordered

Electronically signed on 2014-01-21 11:08:33

page 2 of 2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

CASE No. FECR012474

Plaintiff,
v.
VALERIE LOUISE KUHLERS,

ORDER ISSUING ARREST


WARRANT, SETTING
ARRAIGNMENT AND BOND

Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter
have been examined and found to contain sufficient evidence, if unexplained, to
warrant a conviction in a trial by jury, therefore, this matter shall be set for
Arraignment.
IT IS ORDERED that the Clerk of Court shall issue a warrant for defendants
arrest.
IT IS FURTHER ORDERED that the Clerk of Court shall set defendants
arraignment for 9:00 a.m. February 10, 2014, at the Sac County Courthouse.

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
FECR012474

Case Title
STATE VS VALERIE LOUISE KUHLERS
So Ordered

Electronically signed on 2014-01-21 11:08:33

page 2 of 2

E-FILED 2014 JAN 22 8:06 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 10:06 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. FECR012474
Plaintiff,
MOTION FOR BOND
REDUCTION

v.
VALERIE LOUISE KUHLERS,
Defendant.

COMES NOW the defendant and for her Motion states to the Court as follows:
1. The defendant is currently incarcerated on a bond totalling $105,000.
2. The defendant is a 56 year old lady with no significant criminal history. She has ties
to the community including a spouse, children and grandchildren, such that she is not a
flight risk.
3. The defendant has no resources to post bond. She is unemployed and has some
medical problems that is currently preventing her from working other than occasional
babysitting.
4. The defendant was arraigned in case number FECR012390 on August 27, 2013.
This case is somewhat related to the case at bar. The defendant has been released on
her own recognizance since that time.
5. Additionally the defendant was charged with theft in the first degree in the case at
bar and on or about December 18, 2013 appeared on that charge and again was
released on her own recognizance. Nothing has changed in the meantime to warrant
the substantial increase in bond as ordered by the Court. With her life long ties to the
community and her prior record, the defendant is not a flight risk or at risk to be a repeat
offender. There is no risk to the community.

E-FILED 2014 JAN 23 10:06 AM SAC - CLERK OF DISTRICT COURT

6. Since August of 2013, the defendant has voluntarily been attending substance abuse
counseling and these records can be provided to the Court at any hearing. The
Defendant's participation has been "excellent" and her insight has been "excellent".
7. For the above reasons it is appropriate that the defendant be released on her own
recognizance. Defendant requests that the Court enter the proposed Order immediately
or in the alternative this matter be set and heard on the next available court date.
8. The undersigned has consulted with the Sac County attorney, Ben Smith and he
agrees to the above request and to an Order being entered to release defendant
immediately on her own recognizance.
WHEREFORE defendant prays as set forth above.

John P. Loughlin #AT0004856


LOUGHLIN LAW FIRM
231 West Maple Street
Cherokee, IA 51012
(712) 225-2514
(712) 225-2515 (fax)
ATTORNEY FOR DEFENDANT

E-FILED 2014 JAN 23 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. FECR012474
Plaintiff,
ORDER

v.
VALERIE LOUISE KUHLERS,
Defendant.

AND NOW on this regular day of the foregoing District Court the matter of the
defendant Motion for Bond Reduction is before the Court. The Court finds that it has
jurisdiction over the parties and the subject matter. In review of the Motion and
statements made by the parties, the Court finds that the defendant is not a risk to the
community nor a flight risk. The Court further finds that the parties agree to a reduction
in bond.
IT IS THEREFORE ORDERED that the defendant shall be released immediately
from jail on her own recognizance.
IT IS FURTHER ORDER that the Clerk immediately provide the jail with a copy
of this Order by facsimile for release of the defendant.

E-FILED 2014 JAN 23 11:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012474

Case Title
STATE VS VALERIE LOUISE KUHLERS
So Ordered

Electronically signed on 2014-01-23 11:15:43

page 2 of 2

E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
PLAINTIFF,

Case No. 02811 FECR012474

vs.
VALERIE LOUISE KUHLERS ,

ORDER FOR TRIAL

DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
February 19, 2014.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant waives the right to speedy trial.
4. Defendant is represented by John Loughlin.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on April 8, 2014 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 03/24/2014
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

E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JOHN P LOUGHLIN

2 of 3

E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-02-24 11:48:32

3 of 3

E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

Nos. FECR012474, FECR012390

Plaintiff,
v.

ORDER SETTING PLEA HEARING

VALERIE LOUISE KUHLERS,


Defendant.
This case came before the Court on the parties request for an order setting
the matter for a plea hearing. The Court, after reviewing the record and being
advised in the premises FINDS and ORDERS a plea hearing in this matter shall
be and is scheduled for April 21, 2014, at 10:00 a.m., in the courtroom at the Sac
County Courthouse, Sac City, Iowa 50583.
IT IS FURTHER ORDERED if the defendant fails to personally appear before
this Court at the above-scheduled date and time, a bench warrant may issue for
defendants arrest.

E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER SETTING HEARING

Case Number
FECR012474
FECR012390

Case Title
STATE VS VALERIE LOUISE KUHLERS
ST. VS. VALERIE L. KUHLERS
So Ordered

Electronically signed on 2014-03-13 14:39:05

page 2 of 2

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012474
Plaintiff,
vs.
VALERIE LOUISE KUHLERS ,

ORDER

Defendant.

Date of Hearing: April 21, 2014


Charge: Forgery and Possession With Intent to Deliver Less Than 5 Grams of
Methamphetamine, in violation of Iowa Code Section(s) 715A.2 and 124.401(c)(6).
1. The Defendant was present with counsel, John Loughlin. The State of Iowa
was represented by Ben Smith.
2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of
guilty to the above-described charge(s).
3. The conditions of Defendant's release, as previously established, shall remain
in effect pending sentencing.
4. The Court advised the Defendant of her right to file a motion in arrest of
judgment, pursuant to IRCrP 2.24(3), to preserve her right of appeal to the Iowa
Supreme Court based on any defect in the guilty plea proceeding.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1 of 3

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

1. A Sentencing Hearing is scheduled on 07/14/2014 at 10:30 AM at the Sac Co.


Courthouse, 100 NW State St., Sac City, Iowa.

The Defendant shall personally appear

for this hearing.


2. The Department of Correctional Services shall prepare and file a presentence
investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa
Code Chapter 901. The clerk of court shall furnish to the Department of Correctional
Services a copy of the Trial Information and Minutes of Testimony.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JOHN P LOUGHLIN
DEPARTMENT OF CORRECTIONAL SERVICES

2 of 3

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
OTHER ORDER
So Ordered

Electronically signed on 2014-04-21 11:32:26

3 of 3

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012474
Plaintiff,
vs.
VALERIE LOUISE KUHLERS ,

ORDER

Defendant.

Date of Hearing: April 21, 2014


Charge: Forgery and Possession With Intent to Deliver Less Than 5 Grams of
Methamphetamine, in violation of Iowa Code Section(s) 715A.2 and 124.401(c)(6).
1. The Defendant was present with counsel, John Loughlin. The State of Iowa
was represented by Ben Smith.
2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of
guilty to the above-described charge(s).
3. The conditions of Defendant's release, as previously established, shall remain
in effect pending sentencing.
4. The Court advised the Defendant of her right to file a motion in arrest of
judgment, pursuant to IRCrP 2.24(3), to preserve her right of appeal to the Iowa
Supreme Court based on any defect in the guilty plea proceeding.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1 of 3

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

1. A Sentencing Hearing is scheduled on 07/14/2014 at 10:30 AM at the Sac Co.


Courthouse, 100 NW State St., Sac City, Iowa.

The Defendant shall personally appear

for this hearing.


2. The Department of Correctional Services shall prepare and file a presentence
investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa
Code Chapter 901. The clerk of court shall furnish to the Department of Correctional
Services a copy of the Trial Information and Minutes of Testimony.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JOHN P LOUGHLIN
DEPARTMENT OF CORRECTIONAL SERVICES

2 of 3

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
OTHER ORDER
So Ordered

Electronically signed on 2014-04-21 11:32:26

3 of 3

E-FILED 2014 APR 21 11:35 AM SAC - CLERK OF DISTRICT COURT

2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. 02811 FECR012474

Plaintiff,
vs.
VALERIE LOUISE KUHLERS ,

COURT REPORTER
MEMORANDUM AND
CERTIFICATE

Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: John Loughlin
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Michelle Phillips, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: Pleas
2. The date(s) on which the proceeding occurred: April 21, 2014
3. The name of the court reporter who reported the proceeding: Michelle Phillips
4. The name of the judge who presided over the proceeding: Bice
5. The reporting fee for the proceeding: $40
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Michelle Phillips
___________________________________
District Court Reporter
1 of 2

E-FILED 2014 APR 21 11:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered

Electronically signed on 2014-04-21 11:36:00

2 of 2

E-FILED 2014 JUL 29 1:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CASE NOs. FECR012474, FECR012390


ORDER RESCHEDULING HEARING

VALERIE LOUISE KUHLERS,


Defendant.
IT IS HEREBY ORDERED that the sentencing hearing shall be and is scheduled for 10:00 a.m.
on August 25, 2014, at the Sac County Courthouse, 100 NW State Street, Sac City, Iowa.

E-FILED 2014 JUL 29 1:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012474
FECR012390

Case Title
STATE VS VALERIE LOUISE KUHLERS
ST. VS. VALERIE L. KUHLERS
So Ordered

Electronically signed on 2014-07-29 13:50:41

page 2 of 2

E-FILED 2014 AUG 05 11:06 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

VALERIE LOUISE KUHLERS,


Defendant.

*
*
*
*
*
*
*
*
*

CRIMINAL NO. FECR012390


FECR012474

MOTION TO CONTINUE
SENTENCING

COMES NOW the Defendant, Valerie Kuhlers, and for her Motion states to the
Court as follows:
1. This matter is currently set for August 25, 2014.
2. As part of the plea agreement entered, this defendant and a co-defendant were to
serve 90 days in the county jail. They are serving these terms consecutively so each
can financially support the other. It was contemplated that the sentencing would not be
until after these two terms were complete as co-defendant Ron Kuhlers has
employment which requires a CDL, which he will lose following sentencing.
3. The undersigned has consulted with the Sac County Attorney who has no objection
to a continuance of the sentencing in this matter to late October 2014.
WHEREFORE, the defendant prays as set forth above.

/s/ John P. Loughlin


John P. Loughlin #AT0004856
LOUGHLIN LAW FIRM
231 West Maple Street
Cherokee, IA 51012
(712) 225-2514
(712) 225-2515 (fax)
ATTORNEY FOR DEFENDANT

E-FILED 2014 AUG 05 1:43 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

VALERIE LOUISE KUHLERS,


Defendant.

*
*
*
*
*
*
*
*
*

CRIMINAL NO. FECR012390


FECR012474

MOTION TO CONTINUE
SENTENCING

AND NOW on this regular day of the foregoing District Court the matter of
the defendant's request for a continuance of the sentencing is before the Court. The
Court finds that it has jurisdiction over the subject matter and that good cause exist for a
continuance.
IT IS THEREFORE ORDERED that the sentencing be continued to October 27,
2014 at 10:30 a.m.

E-FILED 2014 AUG 05 1:43 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR CONTINUANCE

Case Number
FECR012474
FECR012390

Case Title
STATE VS VALERIE LOUISE KUHLERS
ST. VS. VALERIE L. KUHLERS
So Ordered

Electronically signed on 2014-08-05 13:43:56

page 2 of 2

E-FILED 2014 OCT 23 12:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No: 02811 FECR012474
PLAINTIFF/PETITIONER,
ORDER CONTINUING HEARING
vs.
VALERIE LOUISE KUHLERS ,
DEFENDANT/RESPONDENT.

The Court continues the matter currently scheduled. Sentencing has been set for October 27,
2014. This date is not a regularly scheduled court service day. The matter is rescheduled as follows:
A Sentencing Hearing is scheduled on 11/03/2014 at 2:00 PM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:


Attorneys of record and
parties appearing pro se.

1 of 2

E-FILED 2014 OCT 23 12:09 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
ORDER SETTING HEARING
So Ordered

Electronically signed on 2014-10-23 12:08:56

2 of 2

E-FILED 2014 OCT 26 11:34 PM SAC - CLERK OF DISTRICT COURT

Date: 10/26/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

FECR012474

No.
vs.

VALERIE LOUISE KUHLERS


Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE


OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:


1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________


Date_____10/26/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2014 OCT 28 2:43 PM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012474
PLAINTIFF,
vs.
ORDER
VALERIE LOUISE KUHLERS ,
DEFENDANT.

The media coordinator is given notice of a request for expanded media coverage. The
Court hereby authorizes said request.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JOHN P LOUGHLIN

1 of 2

E-FILED 2014 OCT 28 2:43 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
OTHER ORDER
So Ordered

Electronically signed on 2014-10-28 14:42:54

2 of 2

E-FILED 2014 NOV 03 2:43 PM SAC - CLERK OF DISTRICT COURT

2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. 02811 FECR012474

Plaintiff,
vs.
VALERIE L KUHLERS

COURT REPORTER
MEMORANDUM AND
CERTIFICATE

Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: John Loughlin
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Renaye Lindgren, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: Sentencings
2. The date(s) on which the proceeding occurred: November 3, 2014
3. The name of the court reporter who reported the proceeding: Renaye Lindgren
4. The name of the judge who presided over the proceeding: William Ostlund
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Renaye Lindgren
___________________________________
District Court Reporter
These notes were electronically filed.

1 of 2

E-FILED 2014 NOV 03 2:43 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012474
Type:

Case Title
STATE VS VALERIE LOUISE KUHLERS
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered

Electronically signed on 2014-11-03 14:43:00

2 of 2

E-FILED 2014 NOV 04 4:30 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

Case No. FECRO12390


And FECR012474

VALERIE L. KUHLERS,

DEFERRAL OF
JUDGMENT & SENTENCE

vs.

Defendant.
The defendant appears personally and with counsel, John P Loughlin, for sentencing.
The State appears by Sac County Attorney, Ben Smith.
The Court received the presentence investigation. Defendant's counsel made a record
concerning the PSI. The Court also received evidence and arguments of the parties, and the
Defendant is given an opportunity to provide a statement. The parties indicate no legal cause
why the Court should not proceed.
The Court made findings as more fully set out on the verbatim record taken herein.
IT IS ACCORDINGLY ORDERED as follows:
1. Judgment. Judgment is deferred on the charge of Possession with Intent to Deliver
a Controlled Substance, to wit: Less than 5 grams of methamphetamine, in violation of Iowa
Code 124.401(1)(c)(6) and 124.413, a class C felony and Theft in the second degree in
violation of Iowa Code 714.1 (2)and 714.2(2) a Class D felony.
2. Civil Penalty & Costs. The defendant shall pay a $1000.00 civil penalty, $125.00
law enforcement initiative surcharge, the $10.00 DARE surcharge and court costs. The civil
penalty is suspended.
The Court is advised and the record reflects that Defendant employed Counsel on his
own behalf.
3. Probation. The defendant is placed upon probation to the Second Judicial District
Department of Correctional Services, for a term not to exceed two years. The defendant shall
contact the supervising agency within ten days of the filing date of the Courts order to arrange
for probationary supervision. In addition, the Defendant shall:
a. Obey all laws;
b. Pay the reasonable costs of supervision in a timely manner.
c. Comply with all other terms and conditions of probation that are established by the
probationary supervisor.

E-FILED 2014 NOV 04 4:30 PM SAC - CLERK OF DISTRICT COURT

4. DNA Profiling. The Defendant shall submit a physical specimen for DNA profiling,
pursuant to Iowa Code 81.2 and 901.5(8A)(a).
5. Remaining Charges, Appeal Rights & Bond. As judgment is deferred, appeal
rights are not applicable. Any appearance bond posted is exonerated to the person posting the
same. Costs are assessed to the defendant.
COPIES TO:
County Attorney
Counsel for Defendant
Department of Correctional Services, Second Judicial District

E-FILED 2014 NOV 04 4:30 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012474
FECR012390

Case Title
STATE VS VALERIE LOUISE KUHLERS
ST. VS. VALERIE L. KUHLERS
So Ordered

Electronically signed on 2014-11-04 16:30:12

page 3 of 3

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