Agcr013005 PDF

E-FILED 2016 JAN 15 8:03 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2016-0520
Filed with Court Clerk (cc: CA)
Arrest Date: 01/15/2016
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
LUKE
SCOTT
RANDOLPH
Suffix
Address
City
State
2471 KEOKUK AVE
CLARION
IA
Date of Birth
Gender
Race
Ethnicity
8/5/1988
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
Weight
Eye Color
Hair Color
State
Height
Zip Code
IA
OFFENSE
State Local
Code Section
Crime Description
Class
321.561
DRIVING WHILE BARRED
AGMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
N020/UNION AVE
Address
City
State
BREDA
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
01/14/2016
Upper Date Range
Incident Time or Low Range
Zip Code
51436
Upper Time Range
22:55
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
operate a motor vehicle within the state while license has been barred for being an habitual offender under section 321.555 and 321.556 of
the Code of Iowa
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On 1/14/16 at approximately 22:55 hours, I, Deputy Cudaback was on routine patrol when I observed a 2005 Chevy Equinox IA LIC#DIX439. I ran the
LIC# through the sac county communication center who advised that the male registered owner Scott Luke had a valid warrant for his arrest from Wright
County. As the vehicle turned left it appeared that a male was driving the vehicle. I initiated my emergency lights and stopped the vehicle at 400th and
Union Ave. I identified the driver as Scott Randolph Luke. The Sac County communication center advised that S.L.'s license was barred for habitual
offender.
CUDABACK, TORY
Signature of Complainant or Officer, Officer Name & Number
Printed At
SAC COUNTY SHERIFF'S OFFICE
1/15/2016
8:03 AM
Page 1
of 2
Form #:
2016-0520
81-5
GENERAL PROBABLE CAUSE
Defendant Implicated
02 - CAUGHT IN ACT, 05 - OPERATING MOTOR VEHICLE
Operating Motor Vehicle in County
Other Physical Evidence
Attempted To Inflict Injury
Sac - 81
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
JEN SCHRAMM
Commission Number
786033
My Commission Expires
09/11/2017
SAC COUNTY SHERIFF'S OFFICE
01/15/2016
Signature of Verifying Party
Peace Officer
1/15/2016
8:03 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
2016-0520
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 AGCR013005
vs.
SCOTT RANDOLPH LUKE ,
Defendant.
ORDER ON INITIAL APPEARANCE
Charges:
01 - 321.561 - DRIVING WHILE BARRED
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:
Aggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greater
than $6,250 except in the case of a conviction for second offense operating while intoxicated which
carries a minimum fine of $1,875 and a maximum of $6,250. In these cases a defendant can
be sentenced to up to two years imprisonment. In the case of a conviction for operating while
intoxicated, second offense, there is a minimum seven day jail sentence, and additionally, the
defendant's driver's license shall be revoked for one year unless the revocation is for test refusal in
which case the mandatory revocation shall be for two years.
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 one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
MANDATORY SUBSTANCE ABUSE EVALUATION:
1 of 4
You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code 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:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the amount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
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:
Preliminary Hearing is scheduled on 02/09/2016 at 10:15 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa. in the magistrate courtroom.
2 of 4
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.
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
Defendant
Sac County Sheriff
3 of 4
State of Iowa Courts

Case Number
AGCR013005
Type:
Case Title
STATE OF IOWA VS LUKE, SCOTT R
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2016-01-15 09:56:47
4 of 4
DISTRICT COURT UF IOWA

SAC COUNTY
FILED
Rule 232-Form 1: Financial Affidavit and Application for Appointment of Counsel 2016 JAN ! S
In the Iowa District Court for
_ County
AMI!" 2 2
NO. ftgfjfolfflfr
State of Iowa or
Plaintiff/Petitioner,
Financial Affidavit and Application for

Appointment of Counsel
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:
>?J> 7
Date of birth:
Home phone:
1 Email: f - y -
Cell phone: P\b l
Street a d d r e s s : , 2 ^ > / & K . J U k .

Street/P.O. Box
A l t ^ .
Apt #
C Z ( eg; f / f f A !>
City
State
Pending charges:
Zip
_. Injaift.-q Yes No
Doyouhaveajob? ,^Q No job

v
Who do you work for?
Yes, full time
Yes, part time (list hours per week:
'
How much money do you currently make, before taxes or deductions?
per hour month year
How much money have you made in the last 12 monthsfromany source; before taxes or deductions?
ha
How many family members are supported by or live with you?
If a spouse lives with you, how much money does your spouse make?
j_ per hour month year
List all other money you, and anyone else living in your household, has coming in:
V-
List what you own, including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $ 100:
7F~7;
iL I
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, and 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.
'X
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
02811 AGCR013005
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.
Attorney Charles Schulte (712) 662-4715, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
AGCR013005
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2
THE STATE OF IOWA,

PLAINTIFF
Vs.
SCOTT RANDOLPH LUKE
DEFENDANT
)
)
)
Crim No.AGCR013005
)
) Appearance and Waiver of
) Preliminary Hear
)
)
)
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net
Original filed
Copy to: County Attorney
E-FILED 2016 FEB 04 10:03 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
vs.
CRIMINAL CAUSE NO. AGCR013005
TRIAL INFORMATION
SCOTT RANDOLPH LUKE,

DOB: 08/05/1988
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, Scott Randolph Luke 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, Scott Randolph Luke, on or about January 14, 2016 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 an habitual offender under section 321.555 and 321.556
of the Code of Iowa.
A TRUE INFORMATION
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
THE STATE OF IOWA vs. SCOTT RANDOLPH LUKE

Criminal No. AGCR013005
COUNT I: Operating a Motor Vehicle While License is Barred Under Section 321.560 as
a Habitual Offender
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JONATHAN MEYER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KIM SNOOK OR DESIGNEE, DIRECTOR OF DRIVER SERVICES, IOWA
DEPARTMENT OF TRANSPORTATION

Type:
Approval of Trial Information
Case Number
AGCR013005
Case Title
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
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
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 02/17/2016 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
Case Number
AGCR013005
Case Title
So Ordered
page 2 of 2

STATE OF IOWA
)
) AGCR013005
VS.
)
) MOTION TO CONTINUE
SCOTT RANDOLPH LUKE
)
)
)
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:
1.
Arraignment has been scheduled for February 17th.
2.
The defendant asserts that the written arraignment form sent by his attorney
was never received.
3.
The form has been resent and should be available for filing within the next
week.
WHEREFORE, Defendant requests the Court to continue the arraignment to the next
Court Service Day.
Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583
Phone (712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net

02811 AGCR013005
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

Defendant.
Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 03/02/2016
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel
1 of 2

Case Number
AGCR013005
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2016 MAR 01 11:14 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISzuCTCOURTFORSACCOLINTY

STATEOF IOWA,
Vs.
SCOTTRANDOLPHLUKE
CRTMINAL
NO. AGCR0I3005
WRITTENARRAIGNMENT,
PLEAOFNOT GUILTY
Date Trial Information fi\ed: 02-04-2016

COMES NOW the Defendantin the above-captioned
criminal caseand underoath states:
l. I am represented
by AttorneyCharlesA. Schulte,whoseaddressand phonenumberare
- l l 1 N l a i nS t . .P O B o x 3 9 2 .S a cC i r l ' .I A . 5 0 5 8 3 (: 7 1 2 ) 6 6 2 - 4 7 1 5 .
2. My currentmailing and residenceaddressandphonenumberare2471KeokukAve.,
Clarion,IA 50525.May phonenumberis 515-851-2359.
My dateof birrhis 08/05/1988.
I can readand understandthe English languageand have cornpletedthe following level
of education:l2 Years.
4. I havebeenadvisedby my attorneyand understandthat I havea right to anaignment
in openCourt, and I voluntarily waive that right, choosinginsteadto sign this Written
Arraignmentand Pleaof Not Guilty. I understand
that timesfor furlherproceedings
which are computedfrom the dateof arraignmentrvill be cornputedfrom the dateof
filing this Written Arraignmentand Pleaof Not Guilty.
5. I havereceiveda copy of the Trial Informationwhich cliargesrne with the crime of

COUNT I: OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED
UNDBR SECTION 321.560AS A HABITUAL OFFENDER in violation of Iowa
CodeSections321.560and 321.561.
6. With regardto the name by which l am chargedin the Trial Information(eithercheck

"a" or checkand complete"b"):
r
pQq fne name on the Trial Informationis my true name. I have beenadvised
and understandthat I am now precludedfrom objectingto the Trial Informationupon the
groundthat I am improperly named.
( )b. The name shown on the Trial Informationis not my true name. My true
nameis. I requestthat an entry be madein the minutesshowingmy true name. I have
beenadvisedand understandfurther proceedingswill be had againstme by that name,
the Trial Information will be amendedaccordingly,and when the Trial Informationis so
amended,I will be precludedfrom objectingupon the groundsI am improperlynamed.

?
7. Ihave beenadvisedand understandthat I may pleadguilty, not guilty or former

convictionor acquittal.
8. For the purposeof this arraignment,I havehad sufficienttime to discussmy casewith
my attorney,and I waive any furlher time in which to entera plea.
9. I pleadNOT GUILTY to the chargesin paragraph5 above.
that I havea right underRule 2.33(2)(b)of the
10. I havebeenadvisedand understand
Iowa Rulesof Criminal Procedureto atrial within ninety days/oneyear after the filing of
the Trial Information and (checkeither "a" or "b"):
( ) a. I demandspeedytrial pursuantto Rule 2.33(2)(b)and (c).
(,:ff1waive
my right to a speedytrial pursuantto Rule 2.33(2)(b) and (c).
1 1 . I r e q u e s t t h a t a t r i a l d a t e b e s e t p u r s u a n t t o R u l eo8f t. hl e l o w a R u l e s o J ' C r i n t i n a l
Procedure. My attorneyand I will be availablefor trial on the following days:Any
itoniey for
Original to be filed with Clerk of Court
Copy provided to:
County Attorney

STATE OF IOWA,
Plaintiff,
vs.

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on March 1, 2016.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 04/20/2016 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 05/10/2016 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

Case Number
AGCR013005
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2016 APR 22 10:55 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
Defendant.
No. AGCR013005
REPORT OF PRETRIAL
CONFERENCE
COMES NOW, the parties, by and through the undersigned, and hereby
state the following:
1.
That on April 21, 2016, the parties conducted a Pretrial Conference as
ordered.
2.
That the State of Iowa appeared by the Sac County Attorney, Ben
Smith, and the defendant appeared through his attorney, Charles Schulte.
3.
That the parties have reached a plea agreement: defendant has agreed
to plead guilty and to open sentencing.

4.
That defendant intends to waive presence at sentencing and the time to
waive time between plea and sentencing.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org

STATE OF IOWA,
02811 AGCR013005
Plaintiff,
vs.
ORDER

Defendant.
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 05/04/2016 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.
1 of 2

Case Number
AGCR013005
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2016 MAY 09 11:57 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
SCOTT RANDOLPH,
Defendant.
No. AGCR013005
MOTION TO CONTINUE
PLEA HEARING
COMES NOW, the State of Iowa, through the undersigned, and states that
defendants attorney, Charles Schulte, informed the undersigned that he was
informed by his client that the plea documents are in the mail.
WHEREFORE, for the reasons stated above, the State respectfully
requests that the Court continue the plea hearing to the next court service-day,
May 18, 2016, and order such other reliefs the Court deems just and equitable in
the premises.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
E-FILED 2016 MAY 09 12:29 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
02811 AGCR013005
Plaintiff,
vs.
ORDER

Defendant.
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 05/18/2016 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.
1 of 2
E-FILED 2016 MAY 09 12:29 PM SAC - CLERK OF DISTRICT COURT

Case Number
AGCR013005
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR013005
ORDER OF CONTINUANCE

Defendant / Respondent.
This case was scheduled for plea hearing on May 18, 2016.
Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Hearing is scheduled on 06/01/2016 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2

Case Number
AGCR013005
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2016 JUN 01 11:38 AM SAC - CLERK OF DISTRICT COURT
2RCR18
STATE OF IOWA,
Case No. 02811 AGCR013005
PLAINTIFF,
VS.
ORDER
DEFENDANT.
The Defendant failed to appear for the plea hearing hearing scheduled for June 1,
2016. 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 $1,000.00 cash only.
2. When the Defendant has been arrested and is available for the plea hearing
proceedings, the State shall so notify the Court. The plea hearing hearing will then be
rescheduled.
CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH
CHARLES A SCHULTE
SAC COUNTY SHERIFF
1 of 2

Case Number
AGCR013005
Type:
Case Title
ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
vs.
CRIMINAL CAUSE NO. AGCR013005
AMENDED
TRIAL INFORMATION

DOB: 08/05/1988,
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, Scott Randolph Luke 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, Scott Randolph Luke, on or about January 14, 2016 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

Type:
Approval of Trial Information
Case Number
AGCR013005
Case Title
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
Angela L. Doyle
page 2 of 2

STATE OF IOWA,
No. AGCR013005
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).
5. A copy of the amended and substituted Trial Information is submitted to the Court.
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
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 June 23, 2016
by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[ ] Overnight Courier
[ ] Certified Mail
[ x] EDMS
Signature: /s/Norma Hecht

STATE OF IOWA,
Case No. AGCR013005
Plaintiff,
vs.
ORDER
Defendant.
NOW, on this 24TH day of June, 2016, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with 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).
IT IS FURTHER ORDERED that this case is remanded to Magistrate Court for
scheduling of further proceedings.
Clerk to furnish copies to:

County Attorney
Defense Counsel
Magistrate Court

Type:
OTHER ORDER
Case Number
AGCR013005
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
Plaintiff,
No. AGCROI3005
VS.
GUILTY PLEA
AMENDED
(SimpleMisdemeanor)
DOB: 08/05/1988,
Defbndant.
COUNT I
l. the undersigned
Defbndant,havecarefullyreadand fully understandthe following:
A . I anr chargedr,vithDRIVING WI]ILE BARRED-HABITUAL OFFENDER, an Aggravated

M i s d e n r e a n oirn, v i o l a t i o no f l o w a C o d eS e c t i o n3 2 1 . 5 5 5 ( l ) ( b )p, u r s u a ntto S e c t i o n3 2 1 . 5 6 1 .
In corrjunction
with a PleaAgreenrent
nradewith theSacCountyAttorney wherebyhe will amend
C o u r r tI t o a c h a r g eo f F A I L U R I - IT O H A V E , V A L I D L I C E N S I TO R P E R M I I - W F { l t . E
O P E R A 1 ' I N G M O ' | O R V E I ' { I C L E i n v i o l a t i o no f l o w a C o d e 3 2 1 . 1 7 4 ( l ) a s c h e d u l c d
violation. I now rcqucstthat nry plea of not guilty be changedto a Plea of Guilty to the
arnerrded
charge.
u . 'l'hernaxirnumpunishrnentfbr a SirnpleMisdemeanoris irnprisonmentof not more thanthirty

daysin.iail,and a fine of not more than $625.00plus statutorysurcharges,
plus all coLlltcosts
and all costsartdfccs incurrcdlor legalassistance.
For this oflensethere is a scheduledllne of
200.00which is inrmediately
due on the dateo1'sentencing,
unlessa paymentplan is approved
bt the court witlrirrthirty daysof the.jLrdgment
date. ln addition,if the chargeis a violationof
l o w a C o d eC h a p t e r s1.2 4 .1 5 5 A . 4 5 3 B7, l 3 , 7 l 4 , 7 l 5 A , J l 6 , o r I o w a C o d eS e c t i o n s7 .1 9 . 8 ,
1 2 5 . 1 , 1 2 5 . 2 o r1 2 5 . 3 .t h e r ei s a n a d d i t i o n asl u r c h a r g o
e f $ 1 2 5 . I r e a l i z et h a t ,t h e C o u r t r n a y
allow paymentol-rny line to be extendedfbr 120daysor beyondif it appearsthat I cannotor
not rnakeinrrlediatepaynlent. I acknowledgethat. the Court nray order nre to perfbrm
shor-rld
comnrunityservicework if the Court is of the opinionthat communityservicework will deter
and discourageothers tiom sirnilarcrirninalactivity. (The rate at which comrnunityservice
shallbe calcularted
againstrny fine shallbe the fbderalminimumwage.) In addition,I may be
reqLrired
to pay corrcctionalfbes lbr incarceration
and enrollmentfbes for probation. Iarn
awarethat. sentencingoptions may irrcludedefbrralof Judgmentand Sentence,the grarrtof
probatiorrand the suspension
of the sentenceimposed.
C . I understandthat, a crinrinalconviction,deferred.iudgrnent
or def-erredsentencernayaflbct rny
statusunderfbderalimmigrationlaws.
lf I plead not guilty, I would be entitledto the fbllowing rights. I give up theserights by
pleading uilty:
(l). I'he right to a speedyand publictrial by ajury oftwelve people.
(2). The right to havean attorneyrepresentme at trial and, if the Court found I was unableto
allbrd an attorney,the Court would, at publicexpense,appointan attorneyto representme.
my
(3). At trial. lwould be presumedinnocentuntil such time, if ever; the Stateestablished
doubt.
guilt beyonda reasonable
(4). At trial, a.juryverdictof guilty would haveto be unanimous.
that is, I cannotbe forcedto
(5). At trial, lrvould havethe privilegeagairrstseltirrcrimination,
tcstify, and if I choose not to testify, the State nray not conrmentotr the fbct of rny failure to
tcstifyand. at lny request,lwould be entitledto ajury instructionstatingthat the jury could
not infbrguilt tiom nry tailureto testity.
(6). At trial. the State would have to confiont me with witnessesupon whose testimonyit
re-lied
to obtainconviction,and I would havethe right to crossexaminethosewitnesses.
(7). At trial. I would be entitled to present witnessesto testiS, on my behalf and to
cornpulsorvprocessto securethosewitnesses.
L.. By pleadingguiltl',therervill not be a trial of any kind. By pleadingguilty, I rvaivemy right to
trial.anclwill be treatedas if I had beentried and found guilty by a jLrry.
'l'he
CoLrrt.in determiningwhetherthere is a fhctualbasisfbr this plea of guilty. may nrake

such a dcterutinationby exarniningthe MinLrtcsof Testinrony attached to thc Trial
revicwing the investigativcreports ol- law enfbrcernentagents who have
Infbrrlatittn.[r_uor by askingl'neor counselto recite and sutnnrarizethe nraterialt-acts
invcstigatedthe ol'l'ense.
that uould be oflbrcdat trierl.
-l-he('tturt
has tlrc discrctionto acceptor re-iectany plea agreementmade betweenthe Stateand
'flre
plea agreementis: The Count)'Attorne),will amendthe chargeto Failureto havea
nrlscll.
violation of lowa Code
Villid I-icenseor I'crrrritWhile Operatinga Motor Vehicle a schedr"rled
pay a flnc in the amoLrnt
I
will
plead
guilty
amended
charge.
|
I
will
to
the
321
.
74(.1
and
Scction
).
ol-$100.00.plus the -157osurchargeirr lhe amourrtof $70.00.court costs and court appoirrted
artorrrertbes:to be paid by paying$50.00per month on the | 5"' day of the rnonthfollowingthe
Judgrncntentr)'date. and $50.00 per rnonththereafteron the 15"'day of the month until paid in
tull. As part of the plea agreernent.the County Attorne), will recornrlenddismissalof the
to thc defbndant.
complzrint
SMCR0l3006 with court costsassessed
corrrpanion
F.
'l-his
to pay court costs,paymentof all costs
pleaagrcementincludesthat I will be responsible
victirn restitution,correction(lail) fee lor any.jailtime
anclfbes incurredfbr legalassistance,
(seeparagraphB) applicableto rny case.
nrandatory
punishments
and
and all surcharges
I rror,vstateto the Court tlrat I arn, irr fact GLlll,TY and tlrat no threatsor promiseshave been
nradeto inducerne to enter rry plea of guilty. I havc been irrtbrmedthat the elementsof the
crinrc are: A person fails to have a valid licenseor permit while onerating a motor
vchicle on a nublic roadwav.
I understand
the natureofthe chargeagainstnre.
This offensewas committed bv me in Sac Counfy Iowa bv mv doing the followinq: I did
on or about the l4th dav of Januarv 2016 fail to have a valid licenseor rrermit while
oneratins a motor vehicle on a Dublic roadwav.
I herebystatethat I subrnitthis written pleaof guilty with full knowledgeand waiver of rny rights
and I do so fieely and voluntarily. No threats have been rnadeagainstme to obtain this guilty
plea. No promisesof leniencyor fbvorabletreatmenthave beenmade.except for any plea bargain
disclosedto the Court at the tirneof this guilty plea.
C. If the Cor-rrtacceptsmy pleaof guilty.I realize:

(l)
The Court will set a sentencingdate not less than fifteen days after the date of its
acceptance
of this gLriltypleaunlessIr,vaivethis right. In order to contestthis pleaof gLrilty.I
must file a Motion in Arrest of Judgmentat leastfive daysprior to sentencing.The right to
tlle a Motion in Arrest of Judgmentr,villbe waived by having the Court imposea sentence
today.
(2). If the Clor-rrt
imposesa sentencetoday,I will neverbe ableto challengethis pleaof guilty,
and I will be givingup rlryright to directlyappealmy guilty plea.
I :rskthe Court to acceptthis pleaof guilty. I r,vaivethe precedingrightsand my right to have
the Court addressme oersonallv.
\,VAIVER OF' MOTION IN AT{REST OF.JUDGME,NT
that:
now. I r.rnderstand
I lvish to be sentenced
lf'the Cor,rrtacceptsrn1'pleaof gr,rilty,
l " I r r o r d e r t o c o n t e s t h i s p l e ao f g u i l t y ,I m u s t f i l e a M o t i o n i n A r r e s to f J u d g r n e nnt o l a t e r
of
than zl5 claysafier a plea of gLriltyanc'lno later thetn5 days prror to pronoLlncelllent
jLrclgrnent.
and that the court will set a sentencingdate not lessthan flfteendays after tfre
clateof its acceptanceof this gLriltyplea unlessI waive this right. and the right to t'ilea
lvill be rvaivedby havingthe court imposea sentencenow.
Motion in Arrestof'Juclgmcnt
my sentenccnow. I will neverbe ableto challengethis pleaof
2. Bv havingthe court inrposcl y g t r i l t yp l e a .
g L r i l t va n d I w i l l b e g i v i n gL r pm y r i g h tt o d i r e c t l ya p p e am
rne norv anclI lvaive zrnytime to which I may be entitled
I hcrebyreclllestthe court s'entence
t o r s c n t e n c i nagt a l a t e rd a t e .
\,VAIVER OF'ITIGHT TO BE PTTE,SENT
right to be prcsentat my scntencing
I have bcen firllr-advisedthat I havea constitLrtional
that
it
is
my choiceto be presentor not, and
I
understand
in
my
own
behalf.
evidencc
prcsent
anci
that no one cetnexcludcme fiom senlencirtg.
that my decisionwhether[o be present
With the zrbovein urincl,and firrtherunderstanding
r,vaivetheright to be presentat my
voluntarily
and
or not is my or.vndecision,I herebyltnor,vingly
--- t2
sentencing.
.-''-it''
(--_> ,/' '///,/
_-7"/'l' .--,..
q---'-_
Defbndant,Scott Randolph
)'i,. -D rl" /,'-'

AiTorney
S |A.I'L,OF IOWA
) S S
SAC T]OIJNI'TY
and fbr said Srate,

knoi,vn ro be the
L t e dt P f i r e
-H
ic in and fbr the Stateoflorva
A SCHULTE
CIIABLEIi''tumber
174274
.'z Ccr:.:,c:.../
vgl r r .;!r v!r
ExPiLes
Mv Cornmrsston
9,70-lJ
becember
of his
STATE OF IOWA,
Plaintiff,
vs.
ORDER CANCELING WARRANT

Defendant.
Upon application of the Defendant.

IT IS ORDERED that the order for warrant of arrest issued by this Court on June 1, 2016, and the
resulting warrant issued by the Clerk are canceled and shall be returned to the Clerk of Court.
Any costs are assessed against the defendant.
Clerk to provide copies to:

County /City Attorney
Counsel for the defendant/Defendant
SAC County Sheriff (Dispatch)
1 of 2

Case Number
AGCR013005
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2016 JUN 30 12:18 PM SAC - CLERK OF DISTRICT COURT

(Magistrate Division)
STATE OF IOWA,
Plaintiff,
vs.
Case No.
AGCR013005
ORDER- ACCEPT PLEA

and JUDGMENT ENTRY
Defendant.
AMENDED CHARGE:
FAILURE TO HAVE A VALID LICENSE WHILE OPERATING A MOTOR VEHICLE,
a scheduled violation in violation of Iowa Code Section 321.174(1)
The Court Finds that Defendant appears in writing and by Attorney Charles Schulte, that
Defendant has filed a written guilty plea and a waiver of Defendants right to be present for
sentencing. Defendant asks that the plea to the above charge be accepted and that judgment be
imposed pursuant to the plea arrangement agreed upon by the parties.
The Court hereby informs Defendant that Defendants plea of guilty to the above
referenced amended charge is accepted.
IT IS THE ORDER OF THE COURT Defendant if found guilty of FAILURE TO HAVE
A VALID LICENSE WHILE OPERATING A MOTOR VEHICLE and Judgment is hereby
entered pursuant to Iowa Code Section 321.174(1):
Defendant is Ordered to pay the scheduled fine in the amount of $200.00, the 35%
surcharge in the amount of $70.00, plus the $5.00 County Enforcement surcharge, court
costs in the amount of $100.00, and court appointed attorney fees as submitted by
Attorney Charles Schulte.
ALL FINES, SURCHARGES, AND COSTS are to be paid by paying $50.00 per month,
with the first payment due on the 15th day of the month following the judgment entry and $50.00
on the 15th day of each month thereafter until paid in full.
Defendant is advised that if one payment is missed, the entire obligation becomes
immediately due.
Defendant shall pay all financial obligations owed to the Clerk of Court of this
county or online at www.iowacourts.gov.
IT IS FURTHER ORDERED Defendant's appearance bond, if any, is exonerated.
E-FILED 2016 JUN 30 12:18 PM SAC - CLERK OF DISTRICT COURT

Type:
ORDER FOR JUDGMENT
Case Number
AGCR013005
Case Title
So Ordered
page 2 of 2

Agcr013005 PDF

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E-FILED 2016 JAN 15 8:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 2016-0520

Filed with Court Clerk (cc: CA)

Arrest Date: 01/15/2016

Submitted to County Attorney

THE STATE OF IOWA

2471 KEOKUK AVE

NOT OF HISPANIC ORIGIN - N

DRIVING WHILE BARRED

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

E-FILED 2016 JAN 15 8:03 AM SAC - CLERK OF DISTRICT COURT

02 - CAUGHT IN ACT, 05 - OPERATING MOTOR VEHICLE

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2016 JAN 15 9:57 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2016 JAN 15 9:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 15 9:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 15 9:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-01-15 09:56:47

DISTRICT COURT UF IOWA

Financial Affidavit and Application for

Cell phone: P\b l

Street a d d r e s s : , 2 ^ > / & K . J U k .

Doyouhaveajob? ,^Q No job

Who do you work for?

Yes, full time

Yes, part time (list hours per week:

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

per hour month year

How many family members are supported by or live with you?

j_ per hour month year

E-FILED 2016 JAN 16 11:14 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Attorney Charles Schulte (712) 662-4715, a contract attorney, is appointed.

E-FILED 2016 JAN 16 11:14 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-01-16 11:14:24

E-FILED 2016 JAN 19 11:31 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

/s/Charles A. Schulte AT0007137

E-FILED 2016 FEB 04 10:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CRIMINAL CAUSE NO. AGCR013005

SCOTT RANDOLPH LUKE,

E-FILED 2016 FEB 04 10:03 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. SCOTT RANDOLPH LUKE

E-FILED 2016 FEB 04 10:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Approval of Trial Information