agcr012597 - sac city man convicted of animal abused asks for new trial.pdf

8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf

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E-FILED 2014 JUL 17 2:19 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

MARK STRAKADefendant

Case No. 02811 AGCR012597

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:ANIMAL ABUSEin violation of Section(s) 717B.2 of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on07/28/2014 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 BASSCLERK 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 Magistratebefore 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 anoriginal notice (804.1).



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IN THE

IOWA DISTRICT

COUR T F OR

Sac

DISTRICT

COUKT OF

IO

SAC

COUNTY

FILED

C O U N T y f l |

U U L 2

|

AH IO:

S T A T E O F IOWA or

Plaintiff/Petitioner,

vs.

Mirk ^±m~kM

Defendant/Respondent.

rriminal

Civil

NO.

Afcnjt

- o^s^y

F I NANCI AL AF F I DAVI T AP P LI CATI ON

F O R A P P O I N T M E N T O F C O U N S E L

In support

of my

application

for

appointment

of

counsel,

and

under penalty

of

perjury,

the

undersigned states:

Name: fVfo/

C\

Birth Date:

0 3 - ? D - I ? S 7

Home Phone:

Cell Phone:

- &

E-mail:

fl> 3 - 30 - / & ? 7

Street Address:

Apt

City/

treet/P.O. Box

State

Zip

Pending charges: £ \ . / Ltf C( ( A r /? g In Jail? • Yes • No

Do you have a job? • No Job g^eSTFull Time • Yes,

Part

Time (List Hours/week: CJ )

Who do you work for?

H ow

much

money do

yo u

currently

make

before

taxes or

deductions?^ D D .

fft>per • hour

SJ-Tfionth

• year

H ow

much

money have yo u made in the last 12 months

from

any source

before

taxes or

deductions? ^ . t y j ^ j p O .

O O

H ow many family members are supported by or live with

you?

*S? ~—

If

a

spouse lives

with you, how much

money does

your

spouse

make?

$ f / / f y ~

per • hour • month • year

List

all

other

money you, or anyone

ls

living in your household, has coming in: O

List w hat you own includ ing money in banks, cars, trucks, other vehicles, land, houses, bu ildings, cash. or anything

else worth more than 100:

f-{ e

U

S £. p a y 1*1 t *t f J*S^ 5~- ° ^ ^

C>

List

amounts yo u pay

monthly

for mortgages rent car

loans cre^caidsrchild

support or any other debts:

I understand I may be required to repay the

State

for all or part of my

attorney f s

and

costs,

I may be

required to sign a

wage

assignment, and I

must

report any changes in the information submitted on this

financial affidavit. I promise under penalty of perjury

that

the statements I make in this application are true

and that I am unable to pay for an attorney to represent me.

Date

Signatur

\ J Rev. 1/6/12


6/74

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. MARK STRAKA ,

DEFENDANT.

02811 AGCR012597

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income between 125% and 200% of the guidelines, not appointing would causefinancial hardship.

Attorney Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 JUL 22 12:48 PM SAC - CLERK OF DISTRICT COURT


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THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.AGCR012597

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

MARK STRAKA )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, 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) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney



9/74

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs.

MARK STRAKA , Defendant.

Case No: 02811 AGCR012597

INITIAL APPEARANCE

Charges:01 - 717B.2 - ANIMAL ABUSEDefendant appears by attorney Charles Schulte.

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

2 Years Prison

And/Or $625 to 6,250 fine plus 35% surcharge and court costs.

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on at : AM at the .

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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12/74

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012597

Plaintiff,

vs. TRIAL INFORMATION

MARK JOSEPH STRAKA,DOB: 03/30/1957 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, Mark Joseph Straka of

the crime of ANIMAL ABUSE, an Aggravated Misdemeanor in violation of Iowa Code Section

717B.2 committed as follows:

The said Defendant, Mark Joseph Straka, on or about July 3, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully intentionally injure, maim, disfigure or destroy

an animal owned by Sue Henson.

A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 AUG 26 10:34 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]:[email protected]


13/74

THE STATE OF IOWA vs. MARK JOSEPH STRAKA

Criminal No. AGCR012597

COUNT I: Animal Abuse

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

SUE HENSON, OCCUPATION UNKNOWN

A.T., A JUVENILE, STUDENT

DON NADRCHAL, DOCTOR OF VETERINARY MEDICINE, ANIMAL HEALTH CENTER



14/74

State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

AGCR012597 STATE VS MARK STRAKA

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-08-26 10:35:12 page 3 of 3



15/74

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

MARK STRAKA ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 09/03/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause 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 AttorneyDefendant/Defense Attorney



16/74


Type: ORDER FOR ARRAIGNMENT



So Ordered




17/74

IN THE IOWA

DISRICTCOURT

FOR

SAC

COUNTY

ST,,\TE

F OWA.

CRTMINAL

O AGCROI2597

WRITTEN

ARRAIGNMENT.

PLEAOF

NOTGUILTY

Vs.

MARK STRAKA

Defendant

DateTrial

Information iled: 08/2612014

COMES

NOW the

Dcf'crrdant

n the abovc-captioned

riminalcaseand

-lndcr athstates:

l. I am represented

y Attorne-v

harlesA. Schulte.

whoseaddress

nd

phone

number

are

421Main

St. .PO Box 392.

SacCit ) ' .

A. 50583;(712) 62-4115.

2. My

currer]tmailing

and csidence ddress

ncl

honenumbcrare -1252

.lr)'l'51.. n.

Ci tv , A 50583.My phone umber s:712-661-9778. y dateof bir th s 03-30-1957.

can

eadandunderstand

he

Finglishanguage nd

havecompleted

he follo ving evelof

education:

2

Years.

'1.

I havebeen

advised -v

ml attomel and

undcrstandhat

havea right to arraignment

in opcnCourt.

ar.rd

voluntaril.v

vaive

hat

ight. choosing

nsteado sign his

Written

Arraignment

ndPleaof

Not Guilty.

I undcrstandhat

imes1br urther

procecdings

which are

computed

rom the date of arraignment

n'ill be cot.nputediom

the date o1

hling this

WrittcnArraignment

ndPlea

of Not Guiltl.

5. I have eceived copy of the l rial Information 'hichchargesmc with the crime

of

COUNT

I: ANIMAL

ABUSE

n v iolat ionof

Iowa CodeSect ion

17B.2'

6.

With regard

o the nanie

b.v

'vhich am chargcd n the

Trial L.rfbrmation

either heck

a

or clieck

and. ompletc

b ):

'/

1

y'a.

I6c nameon

thc Trial Infbrmation

s ni-v rue

namc. I havebeen

advised

andund6rstand

hat am

nou

prccludediom objecting

o the Trial Informatior.r

pon he

ground

hat

I am mproperl.v

amed.

(

)b.

The nameshou'n

on the

Trial lnformation

s not my true name.

Mv truc

namc s. I requcst hatan cntlv bemade n tlreminutes horvingmv true natne. have

bcenadviscd

andunderstand

lrther

proceedings ill be radagainst

mc b1'that

name,

thc Trial

lnfbrmation

w'ill be amended

ccordingll'.

ndwhen he

rial Information

s so

amended,

rvill

be

precluded rom objecting pon

he

grounds artr mproperll'

.ramed.

7.

I havcbeen

advised

nd undcrstand

hat mal

pleadguilty.

not

gr-lilt.v

r lbrmer

conviction

r acquittal.

8. For

he

purpose fthis arraignmcnt.

havehad sufficient

irne o discuss

ny case

vith

E-FILED 2014 SEP 02 9:59 AM SAC - CLERK OF DISTRICT COURT


18/74

my attorney.

nd

waive

any

ufiher imc

in

n'hich o

entcra

plea.

9. I

pleadNOT

GUILTY

to

tl.rc hargcs

n

paragraph above.

10.

I havebeen

advised

nd

understand

hat

havca right

under

Rule

2.33(2)(b)

l the

IowaRt e.y l CriminulProcedureo a trial rvithinninetydays/one

earatler

he iling

ol

the

Trial Infonnation

and

(check

either a

or

b ):

,.

(

lr a.

I demand

pcedy

rial

pursuant

o Rule

2 33(2)(b)

and

c)

(

)

b.

I u'aive

my

right to

a speedy

rial

pursuanto Rule

2 33(2)(b)

and

c) '

I L I

request

hat

a trial

datcbe set

plrrsuanlo

l{ule

tl.l ofthe

lowa

Rules

o./

'riminul

prctcetlure.

My

attorney

nd

rvill

be

a\ailable

br trial

on the

ollorving

days:

Any

Tin ie.

Original

to

be

filcd

with Clerk

of

Court

Copy

provided

to :

Countl

AttorneY

Attdrnel

tbr Defcndant



19/74

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. MARK STRAKA ,

Defendant.


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

The defendant having filed a written arraignment in this matter on September 2, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 10/15/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior 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 11/04/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe 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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E-FILED 2014 SEP 02 4:43 PM SAC - CLERK OF DISTRICT COURT


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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

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Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-09-02 16:43:24

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Date: 09/16/2014


State of Iowa

Plaintiff

No. AGCR012597

vs.

MARK STRAKA

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 photographicequipment

(__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; laptop computers.

WHEREFORE, the undersigned media coordinator gives notice of request(s) forexpanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________

Date____9/16/2014___________________

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



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Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: OTHER ORDER

So Ordered


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THE STATE OF IOWA, )Plaintiff ) AGCR012597

)

Vs. ) OBJECTION TO EXPANDED) MEDIA COVERAGEMARK STRAKA )

Defendant

______________________

COMES NOW the defendant and hereby objects to expanded media coverage of

his case.

WHEREFORE: Defendant prays the Court to deny the request for expanded media

coverage.

Respectfully submitted,

/s/ Charles A. Schulte AT0007137

Schulte Law Firm, L C421 Main St., P.O. Box 392

Sac City, IA 50583

(712) 662-4715

Fax: (712) 662-4884

[email protected]


mailto:[email protected]:[email protected]:[email protected]


26/74


STATE OF IOWA ,

plaintiff(s) / petitioner(s),

vs.

MARK STRAKA ,

defendant(s) / respondent(s).


Order Setting Hearing

The Court is in receipt of Defendant's Objection to Expanded Media Coverage and the sameshould be set for hearing.

IT IS ORDERED that a Hearing is scheduled on 10/01/2014 at 10:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

Clerk to provide copies to:County AttorneyDefendant's AttorneyMedia Coordinator

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27/74


Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING HEARING

So Ordered


2 of 2



28/74


STATE OF IOWA, )

) AGCR012597

Plaintiff )

vs ) MOTION TO CONTINUEMARK STRAKA )

)

Defendant )

)

________________________________________________

COMES NOW Charles A. Schulte, attorney for the defendant and states:

Hearing on Defendant’s Objection to Expanded Media Coverage this matter has

been scheduled for October 1, 2014 at 10:30 A.M.

1.

The undersigned attorney will be out of state until October 9th

, 2014.

WHEREFORE, Defendant requests the Court to continue the hearing in this

matter to a later date convenient to the Court.


/S/ Charles A. Schulte AT0007137

Schulte Law Firm L C

421 Main St., PO Box 392, Sac City, IA 50583Phone (712) 662-4715



29/74


STATE OF IOWA,

Plaintiff / Petitioner, vs.

MARK STRAKA ,

Defendant / Respondent.

02811 AGCR012597

ORDER OF CONTINUANCE

Upon application of the Defendant and for good cause:

This matter is continued, Hearing is scheduled on 10/15/2014 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

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

1 of 2



30/74


Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER FOR CONTINUANCE

So Ordered


2 of 2



31/74

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,

Plaintiff, v. MARK STRAKA ,

Defendant.

02811 AGCR012597

ORDER

The Defendant failed to appear for hearing on the Resistance To expanded Media Coverage. TheDefendant failed to present any evidnece on the matter. The Resistance is denied.

1 of 2

E-FILED 2014 OCT 15 11:03 AM SAC - CLERK OF DISTRICT COURT


32/74



So Ordered


2 of 2



33/74

2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs. MARK STRAKA

Defendant.


COURT REPORTER MEMORANDUM AND

CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther: Curtis Bloes

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):

1. The type of proceeding that was reported: Hearing RE: Expanded Media Coverage 2. The date(s) on which the proceeding occurred: October 15, 2014 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 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 theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.

/s/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.

1 of 2

E-FILED 2014 OCT 15 12:50 PM SAC - CLERK OF DISTRICT COURT


34/74


Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


2 of 2



35/74


STATE OF IOWA,

Plaintiff,

v.

MARK STRAKA,

Defendant.

Case No. AGCR012597

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On October 21, 2014, the parties conducted a Pretrial Conference as ordered.

The State appeared by the Sac County Attorney, Ben Smith. The Defendant

appeared by his attorney, Chuck Schulte. The parties, through the undersigned,

represent the following to the Court:

A plea agreement has been reached the terms of which are as follows: The

Defendant has agreed to plead guilty to Count 1 amended to FIFTH DEGREE

CRIMINAL MISCHIEF, a Simple Misdemeanor in violation of Iowa Code section

71.6. Additionally, Defendant has agreed to pay the minimum fine, restitution in

the amount of $134.80, court appointed attorney fees reimbursement, and all

other applicable costs and surcharges. In consideration, the State has agreed to

recommend that Defendant not be given jail sentence.

Defendant intends to submit a written guilty plea by November 4, 2014.

Defendant intends to waive presence at sentencing. Defendant intends to waivetime between plea and sentencing.

__________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Email: [email protected]



36/74


STATE OF IOWA,

Plaintiff, vs.

MARK STRAKA ,

Defendant.

02811 AGCR012597

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

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37/74



So Ordered


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38/74


STATE OF IOWA, No. AGCR012597

Plaintiff,

REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIAL

INFORMATION

MARK JOSEPH STRAKA,

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 theDefendant.

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: CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple

Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6.

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted

and amended Trial Information.

Prosecuting AttorneySac County Attorney, Benjamin John Smith

Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791

Fax: 712-662-4123Email: [email protected]

Copy to: Defendant’s Attorney

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 _October 23,2014 by: [ ] U.S. Mail [ ] Fax

[ ] Hand Delivered [ ] Overnight Courier

[ ] Certified Mail [x] EDMS

Signature: /s/Norma Hecht




39/74

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012597

Plaintiff, AMENDED

vs. TRIAL INFORMATION

MARK JOSEPH STRAKA,DOB: 03/30/1957 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, Mark Joseph Straka of the crime of CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in violation

of Iowa Code Sections 716.1 and 716.6 committed as follows:

The said Defendant, Mark Joseph Straka, on or about July 3, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter or destroy

tangible property, to-wit: Injure a dog belonging to Sue Henson, the cost of replacing, restoring

and/or repairing of which is $200 or less.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]




40/74


41/74


STATE OF IOWA,

Plaintiff,

vs.

MARK JOSEPH STRAKA,

Defenant.

Case N!. A"CR#$%&'(

ORDER

NOW, !n t)is %*+

a !f O-t!e+, %#$/, t)e C!0+t is in +e-ei1t !f t)e State2s

Re30est f!+ 4eave !f C!0+t t! A5en T+ial Inf!+5ati!n. T)e Re30est s)!0l e6+ante.

IT IS THEREFORE ORDERED t)at t)e State2s Re30est is 6+ante. T)e T+ial

Inf!+5ati!n is a5ene t! 1+!vie t)at Defenant is n!7 -)a+6e 7it) C+i5inal Mis-)ief

in t)e Fift) De6+ee, a Si51le Mise5ean!+, in vi!lati!n !f I!7a C!e Se-ti!ns ($8.$

an ($8.8.

Cle+9 t! f0+nis) -!1ies t!:C!0nt Att!+neDefense C!0nsel



42/74


Type: OTHER ORDER



So Ordered




43/74


44/74


Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER FOR CONTINUANCE

So Ordered


2 of 2

E-FILED 2014 NOV 05 12:14 PM SAC - CLERK OF DISTRICT COURT


45/74

IN THI IOWA

DISTITIC'TOT]RT

ORSACCOLINTY

THE

S

ATE OF OWA.

)

NO AGCR0I2597

)

Plaintiff.

)

WAIVEI{OFRIGHT

TO

MARK JOSEPH

TRAKA

SPEEDY RIAI,

Def'endant.

Comes

norv he defendant.

arkJoseph

Straka. ndstates

s bllows:

1

I Ie rcalizes nat

hc hasa righi b1

r inue oi the Constiitttion

f iire Urrited

Slates

o a

speedl'

rial;

2. Hc realizes e hasa right o a spcedy'trial .vvirtueof lou'a Rule of Criminal

Procedure

.33(2

b)

vhich

tatcs:

lf

a dcf'cndant

ndicted br a

public

of'fbnse

asnot

rvaived is or her

right

o a speedy

rial, he or she

mustbe brought

o trial

r.r'ithin inety

daysaftcr ndictment

s lbund

or thc court

mustordcr he

ndictmcnt

to be dismissed

nless

ood

cause o the

contrary e slioul.

Hc is also

arvare f the

act hat his

rulc s applicablc

o a Countl'

Attorne.v's

nfbmration

and

hat he

ninetl dal'period

uns iorn he

iling date

hcrcol-.

3. He furlher calizes l.rat e hasa right o a speed.vrial under olvaRuleof Criminal

Procedure

.33

2

(b

rvhich

states:

Atl

criminal

cases

mustbe brought

o trial

within onc

)ear

after

he defendat's

initial

anaignment

ursuanto ru le 2.8

unlcss n ertension

s

granted 1' he

court-upon

a

showing

f

good

cause.

3.

He hasbeen

ully

advised fhis

rights o

a spcedl rial

and he ramifications

hereof .v

his

attorne).

ncluding

hc fact hat

hc menlor-v

f

r.i'itnesscsade

u

ith the

pessagr--f

timc: hat

witnesses

a1.' isappear

r becomc

navailable:

hat

delay nal

irnpair he

eflectivenessf his del'ense:hat he communitymal vieu,him with suspicion urir.rghe

pendenc.vf the

action herebl,

1'fecting

is occupational

ndsocial

endeavorsl

hat :e

r.vill ave o endure

rolongcd nxiet-v

r]dconcern

nd

hathe s or

canbe subjccted

o

incarceration

ending rial.

and aking

nto account

ll ofthese

'actors

ndconsiderations.

he deems

t to be

n his best

nterest

o waive

his speedy

rial rights

at this

ime and

he

does herclbre

ercby

waivc the same

oth

as o IRCP

2.33(a)

nd RCP

2.33(b)

nddoes

consent

l.rat

hc trial

may be

postponed

ntil

such

dates s

t n.ralbe

scl.rcduled

br

trial by

the court.

The

defendant

esen,es

he

right o subsequently

ithdrau'this

$'aivelupon

rvritten

otice

hereof o

the coufi

ar.rdhe

State f

lorva.



46/74


47/74

IN THE

IOWA DISTRICTCOURT

FOITSAC COUNTY

)

AGCR012597

STATEOF IOWA,

Plaintiff

)

WAIVEROFJURY

TRIAL

Vs.

MARK JOSEPHSTRA.KA

)

Def-endant

COMES

NOW

THE DEFENDANT,

Mark JosephStraka,

ndstates:

I

desire

o

waive my right to have his case

ried b,va

ury.

No onehas hreatened e, coercedme, or in any way pressured e nto

waiving

ny right o

a trial by

ury.

I understandhat

arn

giving

up

certain hings

by not havinga

ury

trial.

1. n

a

ury

trial, n.ry

nnocence r

guilt would be deterrnined

y

twelve

persons

ndall

twelve ofthem

would have

o be convinced

y the evidence

of my

guilt beyonda

reasonable oubt;

notjust ten or

eleven, ut all

twelve.

If I

waive rial by

ury,

only the

udge

will have o be convinced

eyond

a

reasonableoubt.

2. In selecting

ury,

rny counsel

would have he

right to

question ll of the

jurors

underoath

o determine

f they are

qualified

urors;

but f

I waive ny

right

o a

ury

trial, my counsel

annotdo

that.

3. In selecting

ury,

my counsel

ouldhave he

ight o challenge

urors

for cerlain easons

nd o strike

a ceftain

number rom

the

panel, ut f the

couft

ries

he case, his

s

waivedandwill not be

done.

4. A Jury rial guaranteeshat he ury be a cross-sectionf the community,

whereas

f the court

ries he case

will

not havesuch

a cross-section.

I hereby

waive my right

to have

his case

ried by ajury

and

equest

hat his

case e ried

o the

cout1.



48/74


49/74


STATE OF IOWA,

Plaintiff,

vs. MARK STRAKA ,

Defendant.


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

01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Clerk to provide notice to counsel of record.

1 of 2

E-FILED 2014 DEC 02 12:19 PM SAC - CLERK OF DISTRICT COURT


50/74



So Ordered


2 of 2

E-FILED 2014 DEC 02 12:19 PM SAC - CLERK OF DISTRICT COURT


51/74


STATE OF IOWA,

Plaintiff,

v.

MARK STRAKA,

Defendant.

Case No. AGCR012597

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 7, 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, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:

The case is ready for trial. The requested placement on the trial order is

as follows: The parties request that Court set this matter for a non-jury trial on

the next available trial date in Sac County.

__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 JAN 08 8:41 AM SAC - CLERK OF DISTRICT COURT


52/74


STATE OF IOWA ,

Plaintiff(s),

vs.

MARK STRAKA ,

Defendant(s).



The Court is in receipt of the parties' Report of Pretrial Conference. The Report requests thismatter be scheduled for non-jury trial. The same should be scheduled, as well as a hearing to allowDefendant to waive his right to jury trial formally on the record.

IT IS ORDERED that a Hearing is scheduled on 01/21/2015 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

The Court has allowed two hours for this hearing.

1 of 2

E-FILED 2015 JAN 09 1:49 PM SAC - CLERK OF DISTRICT COURT


53/74



So Ordered


2 of 2

E-FILED 2015 JAN 09 1:49 PM SAC - CLERK OF DISTRICT COURT


54/74


STATE OF IOWA,

Plaintiff,

vs. MARK STRAKA

Defendant.



CERTIFICATE


Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther:


1. The type of proceeding that was reported: Waiver of Jury Trial 2. The date(s) on which the proceeding occurred: January 21, 2015 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the



1 of 2



55/74


Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


2 of 2



56/74

IOWA DISTRICT C O U R T F O R S A C C O U N T Y

STA TE OF IOWA,

Plaintiff,

Case N o. A G C R 0 1 2 5 9 7

v.

M A R K S T R A K A ,

W A I V E R

OF R IGHT

Defendant.

T O J U R Y TRIAL

ro

cn

I have be en re prese nted by coun se l during thes e proc ee dings and it is my de cision at

this t ime to waive my right to a

jury

trial.

I understand

that

by waiving m y

right

to a

jury

trial, I am waiving my

right

to:

a a 12-person jury

b a unanimous

jury

verdict;

c By waiving my

right

to a

jury trial

I acknowledge

that

the Court will de cide my

guilt or innoce nce ;

d By waiving my

right

to a

jury trial

I acknowledge

that

the Court nor the

prosecution wil l reward me for waiving a jury trial.

Dated: January 21 , 2015 .

Charles Schulte

Attorney for the Defendant

cc : Coun ty Attorney


57/74


STATE OF IOWA,

Plaintiff,

vs.

MARK STRAKA,

Defendant.

Case No. ACR!"#$%&

ORDER

NOW, on t'is #"st da( of )an*a+(, #!"$, t'e Defendant aea+ed e+sonall( and

-it' o*nsel, C'a+les S'*lte, fo+ 'ea+in/ on 'is -aive+ of 0*+( t+ial. T'e Stateaea+ed 1( 2en S3it', Sa Co*nt( Atto+ne(.

At t'e ti3e of 'ea+in/, t'e Sa Co*nt( Atto+ne( o+all( 3oved to a3end t'e

'a+/e 1a4 to t'e o+i/inal 'a+/e of Ani3al A1*se, an A//+avated Misde3eano+, in

violation of Io-a Code Setion &"&2.#. T'e Defendant and 'is o*nsel did not oose

t'at a3end3ent.

T'e Co*+t 3ade a fo+3al +eo+d -it' Defendant +e/a+din/ 'is -aive+ of 0*+( t+ial

and t'e Defendant e5e*ted, in t'e +esene of t'e Co*+t, a Waive+ of Ri/'t to )*+(

T+ial. T'e Defendant6s o+al and -+itten -aive+ of 0*+( t+ial -as aeted 1( t'e Co*+t.

T'is 3atte+ s'o*ld no- 1e s'ed*led fo+ non70*+( t+ial.

IT IS T8EREFORE ORDERED t'e T+ial Info+3ation is a3ended 1a4 to t'e

o+i/inal 'a+/e of Ani3al A1*se, an A//+avated Misde3eano+, in violation of Io-a Code

Setion &"&2.#

IT IS FURT8ER ORDERED t'at Defendant6s -aive+ of 0*+( t+ial is aeted.

IT IS FURT8ER ORDERED t'at non70*+( t+ial is no- s'ed*led fo+ Fe1+*a+( 9,

#!"$ at "!:!! a.3. at t'e Sa Co*nt( Co*+t'o*se, Sa Cit(, Io-a.

Cle+4 to f*+nis' oies to:Sa Co*nt( Atto+ne(Defense Co*nsel



58/74


Type: OTHER ORDER



So Ordered




59/74


STATE OF IOWA,

Plaintiff,

vs. MARK STRAKA

Defendant.



CERTIFICATE


Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther:


1. The type of proceeding that was reported: Non-Jury Trial 2. The date(s) on which the proceeding occurred: February 4, 2015 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the



1 of 2

E-FILED 2015 FEB 04 11:41 AM SAC - CLERK OF DISTRICT COURT


60/74


61/74


STATE OF IOWA,

Plaintiff, vs. MARK STRAKA ,

Defendant.


EXHIBIT LIST

Non-Jury TrialJessica J. Savits, CSR, RPR

Presiding Judge: Adria Kester

The following exhibits were offered and admitted by the Court at the hearing as shown above: State's Exhibits

Exhibits 1 - 7 ~ PhotographsExhibit 8 ~ Animal Health Center Receipt

Exhibit 9 ~ Statement of Mark Straka

1 of 2



62/74


Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: EXHIBIT LIST

So Ordered


2 of 2



63/74


STATE OF IOWA,

Plaintiff,

vs.

MARK STRAKA,

Defendant.

Case No. ACR!"#$%&

VERDICT AND ORDER

On Fe'()a(* +, #!"$, te Co)(t -ond)-ted a 'en- t(ial in tis -ase. Defendant,

Ma( St(aa, a//ea(ed 0it is atto(ne*, Ca(les S-)lte. Sa- Co)nt* Atto(ne* 1enS2it a//ea(ed fo( te State of Io0a.

On Nove2'e( #!, #!"+, te Defendant filed is intention to 0aive a 3)(* t(ial and

to ave te Co)(t -ond)-t a t(ial on te (e-o(d. On 4an)a(* #", #!"$, te Co)(t

-ond)-ted an in5-o)(t /(o-eedin6 0e(e te Defendant, on te (e-o(d and in 0(itin6,

intelli6entl* 0aived is (i6t to 3)(* t(ial. Te Co)(t a--e/ted te 0aive( and s-ed)led

te 2atte( fo( a 'en- t(ial.

Te Co)(t (e-eived, 0ito)t o'3e-tion, State7s E8i'its " t(o)6 %. Follo0in6

o/enin6 state2ents, /(esentation of eviden-e, and -losin6 a(6)2ents, te -ase 0as

s)'2itted to te Co)(t. Afte( a -a(ef)l (evie0 of te (e-o(d and -onside(in6 te

a//li-a'le la0, te Co)(t is /(e/a(ed to ()le.

STATEMENT OF THE CASE

On A)6)st #9, #!"+, te Co)(t a//(oved a T(ial Info(2ation -a(6in6 te

Defendant 0it Ani2al A')se, an a66(avated 2isde2eano(, in violation of Io0a Code

Se-tion &"&1.#. Te Defendant 2aintained tat e 0as not 6)ilt* on all -a(6es.



64/74

2

FINDINGS OF FACT, CONCLUSIONS OF LAW AND VERDICT

Te Co)(t finds tat te State /(oved te follo0in6 fa-ts 'e*ond a (easona'le

do)'t:

". On 4)l* ;, #!"+, te Defendant sot is nei6'o(7s do6 0it a /ellet

6)n afte( te do6 ente(ed te Defendant7s /(o/e(t*.

#. Te do6 0as in3)(ed as a (es)lt of te Defendant7s a-tions.

;. Te Defendant intentionall* sot te do6.

+. Te do6 0as )n-onfined.

Te Defendant a(6)es tat e 0as a-tin6 to /(ote-t is /e(son f(o2 in3)(* andis /(o/e(t* f(o2 da2a6e '* te do6. Te Defendant and is 0ife testified tat te

nei6'o(7s do6s 0o)ld ente( tei( /(o/e(t* at least t0o ti2es a 2ont fo( a /e(iod of

fo)( 2onts /(io( to te in-ident, and 0o)ld e te -o)/le.

Te* 'ot indi-ated tat te do6s 0o)ld ()n at te2 and 'a( 0en te* 0e(e in tei(

vei-le, 0en te* (et(ieved tei( 2ail and 0en te* 0o)ld 0o( in te *a(d. D)(in6

tis /e(iod, te do6s neve( da2a6ed an* /(o/e(t* o( in3)(ed an* /e(son. Des/ite tei(

alle6ed fea( of te do6s, neite( e8/(essed an* -on-e(ns to te do6s7 o0ne(s, no( 2ade

a -o2/laint to te a)to(ities.

On te date in ?)estion, te do67s o0ne(, S)e @enson, testified se 0as (idin6

o(se'a- do0n te (oad in f(ont of te Defendant7s /(o/e(t*. Te do6 0as follo0in6

te o(ses and 0as sot afte( it ente(ed a//(o8i2atel* t0o feet onto te Defendant7s

/(o/e(t*, 0ile te Defendant testified te do6 -a(6ed a//(o8i2atel* &$ feet on to is

/(o/e(t* and e 0as fo(-ed to soot te do6 0en te do6 0as a'o)t ten feet f(o2 is

/e(son.

Afte( -a(ef)l -onside(ation, te Co)(t does not find it -(edi'le tat te Defendant

a-ted (easona'l* to /(ote-t is /e(son o( /(o/e(t*. Te Co)(t does not 'elieve te do6

/osed a (is of da2a6e to /(o/e(t* no( a (is of in3)(* o( deat to /e(sons 0a((antin6

te Defendant to intentionall* in3)(e te do6.



65/74

3

1ased on te a'ove Findin6s of Fa-t, te Co)(t -on-l)des tat te Defendant is

6)ilt* of te -a(6e of Ani2al A')se, in violation of Io0a Code Se-tion &"&1.# and

senten-in6 sall 'e set '* se/a(ate O(de(.

Cle( to f)(nis -o/ies to:Co)nt* Atto(ne*C)- S-)lte



66/74


Type: OTHER ORDER



So Ordered




67/74

2RCR22


STATE OF IOWA,

PLAINTIFF,

VS.

MARK STRAKA , DEFENDANT.


ORDER SETTING HEARING

The Court has entered a Ruling following the bench trial in this matter.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. A Sentencing Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co.

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

CLERK TO FURNISH COPIES TO:

If you need assistance to participate in court due to a disability, call the disabilitycoordinator at (641) 421-0990. Persons who are hearing or speech impaired may callRelay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legaladvice.

1 of 2



68/74



So Ordered


2 of 2



69/74


70/74


THE STATE OF IOWA, )Plaintiff ) AGCR012597

)

Vs. ) MOTION TO WITHDRAW)Defendant

______________________

COMES NOW Charles A. Schulte, court appointed attorney for the defendant,

Mark Straka, and moves for leave to withdraw as counsel and in support thereof states:

1. The Defendant has expressed displeasure with the services of Counsel.

2.

The Defendant has requested that Counsel file motions for new trial and in arrestof judgment on grounds including ineffective assistance of counsel.

3. Such motions have been prepared and filed.

4. It would be difficult for Counsel to argue effectively his ineffectiveness.

WHEREFORE: Charles A. Schulte requests leave of Court to withdraw as attorneyfor the defendant in this matter.


/s/ Charles A. Schulte AT0007137

Schulte Law Firm, L C

421 Main St., P.O. Box 392Sac City, IA 50583

(712) 662-4715

Fax: (712) 662-4884

[email protected]


mailto:[email protected]:[email protected]:[email protected]


71/74


STATE OF IOWA ,


vs.

MARK STRAKA ,




The Court is in receipt of Motion to Withdraw and the same should be set for hearing.

IT IS ORDERED that a Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa.

1 of 2



72/74



So Ordered


2 of 2



73/74


STATE OF IOWA ,


vs.

MARK STRAKA ,




The Court is in receipt of Motion for New Trial and Motion in Arrest of Judgment and the sameshould be set for hearing.

IT IS ORDERED that a Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa.

1 of 2



74/74



So Ordered



agcr012597 - sac city man convicted of animal abused asks for new trial.pdf

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