Beruflich Dokumente
Kultur Dokumente
02811 SRCR012808
VS
JESSICA RENE GARDNER
ORDER
Defendant
The court does not find that this is an appropriate case for an arrest warrant in the first instance and
instead orders that the defendant be summoned to appear. If she fails to appear pursuant to that
summons than an arrest warrant shall issue.
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Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA
Plaintiff
vs
Summons or Citation
JESSICA RENE GARDNER
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
DRIVING WHILE LICENSE DENIED OR REVOKED
in violation of Section(s) 321J.21 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
04/06/2015 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.
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).
Charges:
01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 and
first offense operating while intoxicated which carries a minimum fine of $1250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of confiction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operators license for a period of and you cannot qualify for a
work permit for days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
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PRELIMINARY HEARING
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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
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3 of 4
Case Title
STATE VS JESSICA RENE GARDNER
HEARING FOR INITIAL APPEARANCE
So Ordered
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TRIAL INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT
OF TRANSPORTATION
Case Number
SRCR012808
Case Title
STATE VS JESSICA RENE GARDNER
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
page 3 of 3
STATE OF IOWA,
Plaintiff,
vs
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment is
scheduled on 05/06/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
SRCR012808
Case Title
STATE VS JESSICA RENE GARDNER
So Ordered
page 2 of 2
FILED
2015 MY-6
Sac
0 9
COUNTY
Criminal
Plaintiff/Petitioner,
AM 9 ;
Civil
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
I
Birth Date:
Home Phone:
Street Address:
Street/P.CC^ feox
Apt
. #
City
.
State
Pending charges
Do you have ajob? p<$!loJob
Zip
In Jail? Yes N o
Yes, Full Time
___)
How much money have you made in the last 12 months from any source, before taxes or deductions? T *
. 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: _
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
*ffi\
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.
STATE OF IOWA,
PLAINTIFF,
VS.
JESSICA RENE GARDNER ,
02811 SRCR012808
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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.
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Case Title
STATE VS JESSICA RENE GARDNER
ORDER APPOINTING
So Ordered
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JESSICARENE GARDNER,
Defendant.
COMES NOW the Defendant in the above-captionedcriminal caseand under oath
states:
by CharlesSchultewhose addressand telephonenumber are:
1. I am represented
SchulteLaw Firm PC
CharlesSchulteAttorney at Law
PO Box 392
SacCity IA 50583
Telephone: (7 12) 662-4715
and telephonenumberare:
2.My currentmailing and residenceaddresses
JessicaReneGardner
203 Byron St
LaurensIA 50554
rerepho""'q-t+-
3l?-
fO 7
778L
7. I have advised and understandthat I may plead guilty, not guilty or former
convictionor acquittal.
8. For the purposeof this arraignment,I have had sufficienttime to discussmy case
with my attorfly,and I waive any further time in which to entera plea.
9. I pleadNOT GUILTY to the charge(s)in paragraph5 above.
10. I have beenadvisedand understandthat I have a right underRule 27(2)(b) of the
Iowa Rules oJ'Criminal Procedure to a trial within ninety days/oneyear after the
filing of the Trial Informationand (checkeither"a" or "b"):
f ltfu I demanda speedytrial pursuantto Rule 27(2)(b)and (c).
( ) b. I waive my right to a speedytrial pursuantto Rule 27(2)(b)and (c).
11. I requestthat a trial date be set pursuantto Rule 8.1 of the lowa Rules of
Criminal Procedure. My attorneyand I will be availablefor trial on the following
days:
STATE OF IOWA
iss
SACCOUNTY
)
a NotaryPublicin andfor
2015beforeme{re undersigned,
of
on thislaay
Yl qJ/
saidState,p..ro*tty ippr
, to me knownto bethe
thatsheexecuted
andacknowledged
theforegoinginstrument,
identicalpersonnamedin andwho executed
the sameof her voluntarvact and deed.
in and for
e Stateof Iowa
il
f'Ht
A.schfu-LTE.
cttARLES
124274
do,n*,*,onNumber
Defendant.
The defendant having filed a written arraignment in this matter on May 6, 2015.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/17/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 07/21/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
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2 of 3
Case Title
STATE VS JESSICA RENE GARDNER
ORDER SETTING TRIAL
So Ordered
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STATE
OF
IOWA,
Plaintiff,
v.
JESSICA
RENE
GARDNER,
Defendant.
REPORT
OF
PRETRIAL
CONFERENCE
AND
REQUEST
FOR
A
CONTINUANCE
COMES
NOW
the
State
of
Iowa,
by
the
Sac
County
Attorney,
Ben
Smith,
and
represents
the
following
to
the
Court:
On
June
17,
2015,
the
parties
conducted
a
Pretrial
Conference
as
ordered.
The
State
of
Iowa
appeared
by
the
Sac
County
Attorney,
Ben
Smith.
The
Defendant
appeared
by
her
attorney,
Charles
Schulte.
The
parties,
represented
through
the
undersigned,
jointly
represent
the
pretrial
conference
be
continued
to
allow
counsel
the
opportunity
to
contact
the
defendant.
STATE
OF
IOWA
___________________________________
BENJAMIN
JOHN
SMITH
Sac
County
Attorney
Sac
County
Courthouse
100
NW
State
St.,
Suite
9
Sac
City,
IA
50583
Telephone:
712-662-4791
Attorney@saccounty.org
STATE OF IOWA,
Plaintiff,
vs.
Pretrial Order
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
07/15/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered
2 of 2
2RCR18
STATE OF IOWA,
Case No. 02811 SRCR012808
PLAINTIFF,
VS.
JESSICA RENE GARDNER ,
ORDER
DEFENDANT.
The Defendant failed to appear for the pretrial conference hearing scheduled
for July 15, 2015. A warrant should now issue for the Defendant's arrest to secure
her appearance for those proceedings.
Case Title
STATE VS JESSICA RENE GARDNER
ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered
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02811 SRCR012808
Plaintiff,
v.
ORDER
JESSICA RENE GARDNER ,
Defendant.
The Defendant failed to appear for pretrial conference and a warrant issued. The Defendant has been
secured on the warrant.
The Defendant is released on her promise to appear. Pretrial conference is set for August 5, 2015 at
9:30 a.m., Sac County Courthouse, Sac City, Iowa.
1 of 2
Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered
2 of 2
STATE
OF
IOWA,
Plaintiff,
REPORT
OF
PRETRIAL
CONFERENCE
v.
JESSICA
GARDNER,
Defendant.
COMES
NOW
the
State
of
Iowa,
by
the
Sac
County
Attorney,
Ben
Smith,
and
represents
the
following
to
the
Court:
On
August
5,
2015,
the
parties
conducted
a
Pretrial
Conference
as
ordered.
The
State
of
Iowa
appeared
by
the
Sac
County
Attorney,
Ben
Smith.
The
Defendant
appeared
by
his
attorney,
Charles
Schulte.
The
parties,
through
the
undersigned,
represent
to
the
Court
that
a
plea
agreement
has
been
reached
the
terms
of
which
are
as
follows:
Defendant
has
agreed
to
plead
guilty
to
Count
1
amended
to
failure
to
have
a
valid
drivers
license,
a
violation
of
Iowa
Code
section
321.174(1),
and
pay
a
fine
of
$200,
plus
a
surcharge
of
$70,
court
costs
of
$60,
and
costs
for
her
court
appointed
attorney.
In
exchange
for
Defendants
guilty
plea,
the
State
has
agreed
to
dismiss
the
companion
citations
filed
in
Sac
County
Case
Nos.
STA0022968
and
NTA0022967.
STATE
OF
IOWA
___________________________________
BENJAMIN
JOHN
SMITH
Sac
County
Attorney
Sac
County
Courthouse
100
NW
State
St.,
Suite
9
Sac
City,
IA
50583
Telephone:
712-662-4791
Attorney@saccounty.org
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
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
Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on August 13, 2015,
by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[ ] Overnight Courier
[ ] Certified Mail
[x ] EDMS
Signature: /s/Norma Hecht
STATE OF IOWA,
02811 SRCR012808
Plaintiff,
vs.
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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 08/19/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
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Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered
2 of 2
AMENDED
TRIAL INFORMATION
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, Jessica Rene Gardner
of the crime FARILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING A
MOTOR VEHCILE, a Scheduled Violation of Iowa Code Section 321.174(1) committed as
follows:
The said Defendant, Jessica Rene Gardner, on or about March 2, 2015 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a public
roadway without a valid license or permit.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
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
Case Number
SRCR012808
Case Title
STATE VS JESSICA RENE GARDNER
On this date, I have reviewed the attached Amended Trial Information and find that it
contains 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
Amended Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 2 of 2
OTHER ORDER
Case Number
SRCR012808
Case Title
STATE VS JESSICA RENE GARDNER
So Ordered
page 2 of 2
02811 SRCR012808
Plaintiff,
v.
ORDER
JESSICA RENE GARDNER ,
Defendant.
The parties have reached an agreement and the charges have been amended to simple
misdemeanors. This matter is remanded to magistrate court for further proceedings. The Clerk shall
provide a copy of this Order to the magistrate.
1 of 2
Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered
2 of 2
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)
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SRCR012808
GUILTY PLEA AND
JUDGMENT ENTRY
__________________________________
This matter came before the Court, which upon reviewing the record and being
advised in the premises FINDS and ORDERS:
1. That the State informed the Court that Defendant, through her attorney, Charles
Schulte, has agreed to plead guilty to Failure to have a valid license or permit
while operating a motor vehicle in violation of Iowa Code Section 321.174(1).
2. That the Trial Information has been amended to provide that defendant is now
charged with Failure to have a valid license or permit while operating a motor
vehicle in violation of Iowa Code Section 3210174(1), and by Court Order dated
August 19, 2015, this matter was remanded to the Magistrate Court.
3. That Defendant is adjudged guilty of Failure to have a valid license or permit
while operating a motor vehicle in violation of Iowa Code Section 321.174(1).
4. That the Defendant shall pay a scheduled fine of $200.00, plus 35% surcharge in
the amount of $70.00, court costs in the amount of $100.00, and court appointed
attorney fees; to be paid by paying $50.00 per month with the first payment due
on the 1st day of October, 2015.
OTHER ORDER
Case Number
SRCR012808
Case Title
STATE VS JESSICA RENE GARDNER
So Ordered
page 2 of 2