fecr012692 - odebolt man pleads guilty to attempted burglary 3rd degree.pdf

8/9/2019 FECR012692 - Odebolt man pleads guilty to Attempted Burglary 3rd Degree.pdf

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS

JACOB MICHAEL PETERS

Defendant

02811 FECR012692

ORDER

It is ordered that a warrant shall issue in this matter with bonded to be set according to the uniformbond schedule.

1 of 2

E-FILED 2014 NOV 10 10:57 AM SAC - CLERK OF DISTRICT COURT


4/48

State of Iowa Courts

Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: OTHER ORDER

So Ordered

Electronically signed on 2014-11-10 10:57:40

2 of 2



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I N T H E

I O W A

D I S T R I C T C O U R T

F O R

S A C

C O U N T Y

. . «

M A G I S T R A T E

D I V I S I O N

S T A T E

O E I O W A ,

Plaint i f f

MAGISTRATE

NO.

F^O>t)\

^ i / r

2

I N I T I A L A P P E A R A N C E

t / ^ - day of f V b U f l r v ^ ,

2 0

) j

n this f day of [ V W a ^ T ^ , 20JJ the Defendant heoein

appears

before^

undersigned Magistrate iii

and for

Sac County, ha-ving been charged with

the

crime

of

fyiyjfl

Iowa.

_

being a violation of Section

/ S - l o i P f t i 5 /^tfae

Code of .

The Court advises the Defendant as

follows:

1. That

he/she

has the right to remain silent. That any

statement

made by the Defendant can and

would be used against him/her in a Court of law. That

he/she

has the right to have an attorney

present at al l stages ofthe proceeding and, if the Defendant is nnable to afford Counsel, that, upon

proper application, one

would

be appointed for them.

2.

That he/she is charged

with

a violation

of Section

is-classified as:

K Felony Class N

Aggravated Misdemeanor

Serious Misdemeanor

That the maximum punishment for a plea

of

guilty or conviction ofthe above charge is:

_ One Year County

Ja i l

£

. Years Prison

N

, ,

;A^a7d7 Z7jrjiOp4ine4

?J

v

h i j C / Ui U

That to obtain the services t>f an attorney at the expense of the State of Iowa, application for

Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with

this Court

(a) ^ Y ou

w i l l

be released from custody prior to trial on your own promise to appear at all

further court proceedings. I f yon w i l l fu l ly fa i l to

appear

before any court as required, yon shall be

guilty of a Claoo D folony/serions misdemeanor; or

(b) (tf appropriate) Upon consideration ofthe factors in Section 8113.,

UiU Cuur

t is nut

IT

1011 Hilly

.Ii

II11 ll (ll ll Ji I Ml ipTI ippreir at pll court prnraerliTiffg in fh fntprp and therefore the

6. Defendant

is

entitled to a 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 T r i a l Information

may he f i l ed by the Comity Attorney of this county.

7. The Defendant is

informed of

his/her rights to a prelimmary hearing and preKmmar̂

^ Set for the / d a

T 0

f A z £ * V r V ^ , 20 / fet

/ Q . f l Q A M . i n

the

Magistrate Courtroom, Courthouse, Sac C i t y , Sac County. Iowa.

I f a preliminary hearing date has been set, yon should contact the.county attorney at (712) 662-4791

\ before attending this hearing to deterniine whether or not it

w i l l

be

held.


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8. IF Y O U H A V E NOT BE EN FINGERPRINTED AND PHOTOGRAPHED FOR

T H I S

OFFENSE, Y OU MUST REPORT T O TH E SAC COUNT Y

S H E R I F F S

DE PART M E NT W IT HIN 10 DAY S

F R O M

THIS

DATE TO DO SO. TF DEFENDANT HAS NO T PRESENTED TH EM SELV ES WI1TJJN 10

DAYS F R O M

THIS

DAT E , T HE SAC COUNT Y

S H E R I F F S

DEPARTM ENT IS ORDERED AT HIS

CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTE D.

If you require the assistance of auxiliary aids or services to participate in court because of a disability,

immediately

call

your district AD A

coordinator

at (641)

421-0990.

(If you are

hearing

impaired,

call Relay

Iowa

TTY at 1-800-735-2942.)

Warren L .

Bush

Judicial

Magistrate

\y ~

Copies to:

County Attorney

Defendant

Sac County

Sheriff


7/48



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

JACOB MICHAEL PETERS ,

Defendant.

Case No: 02811 FECR012692

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 isscheduled on 12/03/2014 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

E-FILED 2014 NOV 26 1:38 PM SAC - CLERK OF DISTRICT COURT


9/48


Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012692 STATE VS JACOB MICHAEL PETERS

So Ordered

Electronically signed on 2014-11-26 13:39:27 page 2 of 2



10/48

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012692

Plaintiff,

vs. TRIAL INFORMATION

JACOB MICHAEL PETERS,Dob: 05/28/1995

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, Jacob Michael Peters of

the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code

Sections 713.1 and 713.6A committed as follows:

The said Defendant, Jacob Michael Peters, on or about November 4, 2014 in the

County of Sac and State of Iowa did unlawfully and willfully commit burglary in the third degree

upon the property of Colby and Breann Hemer located at 213 Maple Street, Odebolt Iowa, with

the intent to commit a felony, assault or theft within.

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]


mailto:[email protected]:[email protected]


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Type: Approval of Trial Information



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




13/48

2RCR18


STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

Case No. 02811 FECR012692

O R D E R

The Defendant failed to appear for the Arraignment hearing scheduled for

December 3, 2014. A warrant should now issue for the Defendant's arrest to secure

his appearance for those proceedings.

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

1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.

Bond on that warrant shall be $1,000.00 cash only.

2. When the Defendant has been arrested and is available for the Arraignment

proceedings, the State shall so notify the Court. The Arraignment hearing will then be

rescheduled.

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH

SAC COUNTY SHERIFF

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E-FILED 2014 DEC 03 12:11 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered


2 of 2



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FILED

F IOWA

DEC

-U

IN T H E

I O W A

D I S T R I C T C O U R T F O R

Sac

C O U N T Y

S T A T E O F I O W A or

vs.

Plaintiff/Petitioiier,

Defendant/Respondent.

^ Criminal

Civil

O

FBOWA/I? -

F T N A N C I A L A F F I D A V I T / A P P L I C A T I O N

F O R A P P O IN 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:_ Birth Date:

Home Phone:

Cell Phone: - ̂E -mail:

Street Address: ^ H ^ j ^ t f

Pending charges:

Street/P.O. Box

Apt

Chy State Zip

- In Jail? t3 Y es • No

D o

you have a job? • No

J ob

• Yes,

Full

Time ^KYes,

Part

Time (List

Hours/week:

^ $ V 0

W ho do y o u wo rk fo r? f f ? 4

r

' ^ y S

Ho w much money do you currently make before taxes or deductions? 7, 7S per ̂ hour • month • year

How

much

money have

you

made

in

the last

12

months

from

any source, before taxes or deductions?

Woo

How many family members are supported by or Hve with you? /y

If a spouse lives with you, how much money does your spouse make? no '_ per • hour • month • year

List

al l

other money yo u, or anyone else living

in

your

household has

coming

in: O

List what you own including money in banks

?

cars trucks, other vehicles, land houses, buildings, cash or anything

else worth more than 100:

|i


16/48



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STATE OF IOWA,

PLAINTIFF, VS. JACOB MICHAEL PETERS ,

DEFENDANT.

02811 FECR012692

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

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

Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

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

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19/48


Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: ORDER APPOINTING

So Ordered


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20/48


STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 FECR012692

ORDER RESCHEDULING ARRAIGNMENT

The Court finds that the arraignment should be rescheduled.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 12/17/2014

at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment 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 theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:

County Attorney

Defendant

Defense Counsel

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Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: ORDER FOR CONTINUANCE

So Ordered


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22/48


STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 FECR012692

ORDER RESCHEDULING ARRAIGNMENT

The Court finds that the arraignment should be rescheduled.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/07/2015

at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment 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 theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear 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



23/48


Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: ORDER FOR CONTINUANCE

So Ordered


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24/48

IN

THE

IOWA

STATE

OF'IOWA.

DISRICT

COURT

FOR

SAC

COUNTY

Vs.

JACOB

MICHAEL

PETERS

Defendant

Date

Trial Information

iled

1112612014

COMES

NOW

the

Defendant

n the above-captioned

riminal

case

and

under

oath

states:

1.

I am

represented

y

Attorney

Charles

A. Schulte,

whoseaddress

nd

phonenumber

are

421

Main

St.,

PO

Box 392,

SacCity,

IA. 50583

(7l2)

662-4715

2. My currentmailingand esidence ddress ndphonenumber

are

P.O.

Box

212,

Odebolt,

A 51458.

My

phonenumber

s: disconnected.

y date

of

birth

s 05

12811995.

I can

eadand

understand

he

English

anguage

nd

havecompleted

he

following

level

of

education:

2

Years.

4.

I have

been

advised

by

my

attorney

and understand

hat

I have

a

right

to

arraignment

in open

Court,

and

voluntarily

waive that

right,

choosing

nstead

o

sign

his

Written

Arraignment

and

Pleaof

Not

Guilty.

I understand

hat imes

or

further

proceedings

which

are

computed

rom

the date

of

arraignment

will be

computed

rom

the

date

of

filing

this

Written

Arraignment

and

Plea

of

Not

Guilty.

5.

I

have

eceived

a copy

of

the

Trial

Information

which

charges

me

with

the

crime

of

COUNT

I:

BURGLARY

IN THE

THIRD

DEGREE

iN

ViOIAtiON

f

OWA

COdC

Section

13.6A(1).

6.

With

regard

o the

nameby

which

I am

charged

n

the

Trial

Information

eithercheck

a

or

check

and

gontplete

b ):

,//

(

rt

The

name

on

the

Trial

Information

s

my true

name.

I

have

been

advised

and

und&stand

hat

I am

now

precluded

rom

objecting

o

the

Trial

Information

upon

he

ground hat

I

am

improperlY

named.

(

)b.

The

name

shown

on the

Trial

Information

s

not

my

true

name.

My

true

name

s.

I request

hat

an

entry be

made

n the

minutes

showing

my

true

name.

I

have

been

advised

and

understand

urther

proceedings

ill be

had

against

me by

that

name,

the

Trial

Information

will

be amended

ccordingly,

nd

when

he

Trial

Information

s

so

amended,

will

be

precluded

rom

objecting

upon

he

grounds

am

improperly

named.

7

I have

been

advised

and

understand

hat

I may

plead

guilty, not

guilty

or

former

conviction

or acquittal.

CRIMINAL

NO.

F'ECRO

2692

WRITTEN

ARRAIGNMENT,

PLEA

OFNOT

GUILTY

E-FILED 2015 JAN 06 3:08 PM SAC - CLERK OF DISTRICT COURT


25/48

8.

For the

purpose

of

this arraignment,

have

had

sufficient

ime to discuss

my case

with

my

attorney,and

I waive any

further time

in which

to enter

a

plea.

9.

I

plead

NOT GUILTY

to the charges

n

parugraph

above.

10. I have

beenadvised

and

understand

hat

I have

a right under

Rule 2.33(2)(b)

of

the

Iowa

Rulesof Criminal

Procedure

o a

trial within

ninety days/one

ear

after

he filing

of

the Trial

Information

and

(check

either

a

or

b ):

(

)

a. I demand

speedy

rial

pursuant

o

Rule

2.33(2)(b)

and

(c).

11. I

request

hat a

trial date

Procedure.

My attorney

and

Time.

)'{U.

I

waive

my

right to a speedy

rial

pursuant

o

Rule

2.33(2)

b)

and

(c).

be set

pursuant

o

Rule

8.1 of the

owa

Rules

of Criminal

I will be

available

or

trial on

the

following

days:

Any

Original

to be

filed with

Clerk

of Court

Copy

provided to:

County

Attorney

Attorney

for Defendant



26/48

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. JACOB MICHAEL PETERS ,

Defendant.

Case No: 02811 FECR012692

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

The defendant having filed a written arraignment in this matter on January 6, 2015. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 02/18/2015 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 03/03/2015 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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27/48

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



28/48


Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: ORDER SETTING TRIAL

So Ordered


3 of 3



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Date: 02/19/2015


State of Iowa

Plaintiff

No.FECR012692

vs.


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.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for

expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___2/19/2015_____________________

Jesse Helling

Media Coordinator, Region 4

Address: Fort Dodge Messenger

713 Central Ave.

Fort Dodge, IA 50501

Phone: (800)622-6613

Fax: (515)574-4529

E-FILED 2015 FEB 19 4:34 PM SAC - CLERK OF DISTRICT COURT


30/48


STATE OF IOWA,

Plaintiff,

v.

JACOB MICHAEL PETERS,

Defendant.

No. FECR012692

REPORT OF PRETRIALCONFERENCE

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

and represents the following to the Court:

On February 18, 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:

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

Defendant has agreed to plead guilty to Count 1 of the Trial Information,

Burglary in the Third Degree, pay the minimum fine and all associated and

applicable costs and fees, including attorneys fees, the State has agreed to

recommend Defendant’s sentence run concurrent with his sentence in Ida

County Case No. FECR006902, which was the result of Defendant’s plea of

guilty to Theft in the Second Degree. The parties have stipulated that the PSI

used in the aforementioned Ida County case may be used in this case, in lieu of

one specifically created by the Second Judicial District for the same.

Defendant intends to enter a guilty plea in court. Defendant intends to

waive time between plea and sentencing. Defendant is currently incarcerated in

the Ida County Jail until he is able to be sent to the RCF. Per his counsel,

Defendant wishes to plead guilty and be sentenced on the same day.

E-FILED 2015 FEB 20 10:47 AM SAC - CLERK OF DISTRICT COURT


31/48

__________________________

Benjamin John Smith

Sac County AttorneySac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 FEB 20 10:47 AM SAC - CLERK OF DISTRICT COURT


32/48


STATE OF IOWA,

Plaintiff, vs.


Defendant.

02811 FECR012692

ORDER SETTING

GUILTY PLEA

Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing isscheduled on 03/04/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The Sac County Sheriff shall transport the Defendant to the hearing from the Ida County Jail.

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33/48


Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: ORDER TO ACCEPT PLEA

So Ordered


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34/48

2RCR15


STATE OF IOWA,

PLAINTIFF,

vs. JACOB MICHAEL PETERS ,

DEFENDANT.

Case No. 02811 FECR012692

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before March 2, 2015. If any objection is filed on or before

March 2, 2015, the Court will schedule further proceedings to resolve the dispute. If no

objection is filed on or before March 2, 2015, the pending Request for Expanded Media

Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES A SCHULTE

MEDIA COORDINATOR


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35/48


Case Number Case TitleFECR012692 STATE VS JACOB MICHAEL PETERSType: OTHER ORDER

So Ordered


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36/48


STATE OF IOWA, No. FECR012692

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 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: ATTEMPTED BURGLARY IN THE THIRD DEGREE, an Aggravated

Misdemeanor in violation of Iowa Code Sections 713.2 and 713.6B.

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 Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse

100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Fax: 712-662-4123

Email: [email protected] to: PROOF OF SERVICEThe 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 respectiveaddresses disclosed on the pleadings on March 4, 2015

by: [ ] U.S. Mail [ ] Fax

[x ] Hand Delivered [ ] Overnight Courier

[ ] Certified Mail [ x] EDMSSignature: /s/Norma Hecht

E-FILED 2015 MAR 04 11:00 AM SAC - CLERK OF DISTRICT COURT



37/48


STATE OF IOWA, CRIMINAL CAUSE NO. FECR012692

Plaintiff, AMENDED

vs. TRIAL INFORMATION

JACOB MICHAEL PETERS,DOB: 05/28/1995 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, Jacob Michael Peters of the crime of ATTEMPTED BURGLARY IN THE THIRD DEGREE, an Aggravated Misdemeanor

in violation of Iowa Code Sections 713.2 and 713.6B committed as follows:

The said Defendant, Jacob Michael Peters, on or about November 4, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully attempt to commit burglary in the

third degree upon the property of Colby and Breann Hemer located at 213 Maple Street in

Odebolt Iowa.

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]




38/48


39/48

(4).

At

trial, a

ury

verdict of

guilty

would have

o be unanimous.

(5).

At trial, I would have

he

privilege

againstself-incrimination,

hat

is, I

cannotbe

forced to

testifr,

and if I

choosenot to testify, the

State

may not

comment on the

fact

of

my failure

to testifu and, at my request, would

be entitled o a

jury

instruction

stating hat

the

rrry

could

not

infer

$uilt

from my failure

to testif,i.

(6). At trial, the State would have to confront me with witnessesupon whose

testimony t relied

to

obtain

conviction,and I would have

he

right

to crossexamine

thosewitnesses.

(7).

At

trial,

I

would be entitled

o

present

witnesses

o testifr on

my

behalf and

to

compulsory

rocess

o

secure

hosewitnesses.

E. By

pleadingguilty,

there

will not

be a trial of any

kind.

By

pleadingguilty,

I

waive

my right to trial, and will be

treatedas

f I had

been ried and ound

guilty

by a

u.y.

F. The Court, in determining whether

here

s

a

factual

basis

or

this

plea

of

guilty,

ffioy

make such

a

determination

y examining he

Minutes

of

Testimony

attached o

the

Trial Information, by reviewing the investigative reportsof law enforcementagents

who have investigated he

offbnse, or by asking me or counsel to

recite and

summarize he

material acts

hat would be offered at trial.

The

Court

has

he

discretion

o acceptor

reject

any

plea

agreement

made

between

the State

and

myself. The

plea

agreement

s: I

will

rrlead euiltv

to the

amended

charge, of

Attempted

Burglarv in the Third Degree an

Aggravated

Misdemeanor. The recommended

entencewill be to the custodvof

the Director

of

the Iowa Derrartment

of Corrections

or

an

indeterminate

erm

of up to two

(2)

vears:

said

sentence o

be suspended; he

sentences

to

run concurrent with

the sentencen Ida Countv District

Court

case#FECR006902. I will be

placed

on informal probation to the

Sac

Countv Probation Officer for a period of one

vear

from

the Judgment entrv date. I will

pav

a fine

in

the amount of

$625.00.

plus

a 35%osurcharge

in

the amount of

$218.75,

he

LEI

surcharge

in the

amount of

$125.00.

ourt costs.and court appointed attornev fees: o be

paid

as

approved

n the SacCountv

Standard

Probation Agreement.

This

plea

agreement

ncludes

that I will be

responsible

o

pay

Court costs,

payment

of all costs and fees incurred for

legal

assistance, ictim

restitution,

correction

(ail)

fee for

any

ail

time and all surcharges nd mandatory

punishments

(seeparagraph

)

applicable o my case.

I now state o the Court that I am, in fact GUILTY and that no threatsor promises

have

been

made

to

induce me

to enter

my

plea

of

guilty.

I have been

nformed that

the elementsof the crime are: Anv

person.

having

the

intent to commit a felonv.

assault or theft therein. who.

having no right. license,or

privilege

to do

so.

attempts o enter an

occupied

structure.

he occupiedstructure

not being open o

the

public,

or who attempts o

remain

therein

after it i s closed o the

public

or

after

the

person's

right, license.or

privilege

to be there

has expired. or

anv

E-FILED 2015 MAR 04 2:39 PM SAC - CLERK OF DISTRICT COURT


40/48

person

having such ntent who

attempts

o break an occupiedstructure. commits

attempted burglarv.

I understand

he

nature

of the chareeaqainst

me.

G.

This

offense

was committed

by

me in

Sac County

Iowa by my doing

the

following: I did on or about

tlre

4th

dav

of November 2014 attempt to commit

burglarv in the third degreeupon the rrrorrertvof Colbv and Breann Hemer at

213 Maple Street n Odebolt Iowa.

I hereby

state hat

I

submit this

written

plea

of

guilty

with full knowledge and

waiver

of

my rights

and do so

freely

and voluntarily.

No threatshavebeen

made

against

me to

obtain

his

guilty plea.

No

promises

of

leniency

or

favorable

reatment

have been

made,

except

or any

plea

bargaindisclosed o the Court at the time of this

guilty plea.

H. If

the Court

acceptsmy

plea

of

guilty,Ireahze:

(1).

The

Court

will

set

a sentencing atenot less han ifteen daysafter

he dateof

its

acceptance

f this

guilty

plea

unless waive this

right. In order o contest his

plea

of

guilty,

I must

file

a

Motion in Arrest

of

Judgment at least five days

prior

to

sentencing.The right to file a Motion in Arrest of Judgmentwill be waivedby having

the Court

mpose

a sentenceoday.

(2).

If the Court imposesa sentenceoday,

will neverbe able o challenge

his

plea

of

guilty,

and will be

giving

up

my right

to directly

appealmy

guilty

plea.

I

ask he

Court o accept his

plea

of

guilty.

I waive

the

preceding

ights

and

my

right

to

have he Court address

me

personally.

WAIVER OF MOTION IN ARREST OF JUDGMENT

If the Court accepts

my

plea

of

guilty,

I wish to be sentenced

ow. I understand:

1.

In

order o contest

his

plea

of

guilty,

I must file

a

Motion in Arrest of Judgment

no later than 45 days after a

plea

of

guilty

and

no later than 5 days

prior

to

pronouncement

fjudgment, and hat the

Court will set a sentencing

atenot

less

than

fifteen days after the date of

its

acceptance f

this

guilty plea

unless

waive

this

right,

and the

right

to

file

a

Motion in Arrest of Judgment

will be waived

by

having he Court

mpose

a sentence

ow.

2. By

having

the Court

imposemy sentence

ow, I will never be able o challenge

this

plea

of

guilty

and

I

will be

giving

up

my right

to directly

appeal

y

guilty

plea.

I herebyrequest he Court sentenceme now and I waive any time to which I may be

entitled

or sentencins t a

later

date.



41/48

WAIVER

OF RIGHT

TO BE PRESENT

I have beenfully advised hat I have a constitutional ight to be presentat my

sentencing nd

present

vidence n my

own behalf.

I

understandhat

t is my

choice

o be

present

r

not,

and hat

no

one can excludeme from sentencing.

With the above

n mind,

and further understanding hat my decisionwhether o be

present

or

not is my

own decision, herebyknowingly and voluntarily waive the

right

to

be

present

t my sentencing.

STATEOF

OWA

SACCOUNTY

t I

on this

'/

dav of

-t--.-

.2015. before

me

the undersiened.

Notary Public n and

for

said State,

personally

ppeared

frro b Pe.

ct/

'7

to me known to be the

identical

person

named in and

who

executed he

foregoing iqstru

acknowledeed

hathe executedhe sameof his

voluntary

act

Not af b lic in and or t he S ta teof

lowa

Conf t E* p

t7

-

oq-

t7

nt,

Jacob

ichael

bndant'sAttornev.CharlesSchulte



42/48

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.


Dfn!ant.

Cas N". FECR#$%&'%

ORDER

NOW, "n t(is )t( !a* "f Ma+(, %#$), t( C"-+t is in +it "f t( Stat/s

R0-st f"+ Lav "f C"-+t t" A1n! T+ial Inf"+1ati"n. T( R0-st s("-l! 23+ant!.

IT IS THEREFORE ORDERED t(at t( Stat/s R0-st is 3+ant!. T( T+ial

Inf"+1ati"n is a1n!! t" +"vi! t(at Dfn!ant is n"4 (a+3! 4it( Att1t!

B-+3la+* in t( T(i+! D3+, an A33+avat! Mis!1an"+, in vi"lati"n "f I"4a C"!

Sti"ns 5$6.% an! 5$6.&B.

Cl+7 t" f-+nis( "is t"8C"-nt* Att"+n*Dfns C"-nsl



43/48


Type: OTHER ORDER



So Ordered




44/48

1


STATE OF IOWA,

Plaintiff,

v.


Defendant.

FECR01!"

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: Ma#$% &, 01&

CHARGE: Atte'(ted B)#*la#+ in t%e T%i#d De*#ee, an a**#avated'ide'ean-#, a a'ended in vi-lati-n -f I-a C-de / 1. and1.!B.

Defendant %a filed a #itten *)ilt+ (lea and a aive# -f Defendant2 #i*%t t- 3e(#eent f-# enten$in*. Defendant a4 t%at t%e (lea t- t%e a3-ve $%a#*e 3e a$$e(tedand t%at enten$e 3e i'(-ed ()#)ant t- t%e (lea a##an*e'ent a*#eed )(-n 3+ t%e(a#tie it%-)t t%e f-#'alit+ -f t%e #e$-#d #e5)i#ed 3+ R)le .6 and .10 -f t%e I-aR)le -f C#i'inal P#-$ed)#e.

T%e C-)#t %e#e3+ inf-#' Defendant t%at Defendant2 (lea -f *)ilt+ t- t%ea3-ve7#efe#en$ed $%a#*e i a$$e(ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant i ad8)di$ated *)ilt+ -f t%e a3-ve7de$#i3ed $#i'e and

()#)ant t- I-a C-de Se$ti-n "0.1.. Defendant i %e#e3+ enten$ed a f-ll-9

a. Defendant %all (a+ finan$ial -3li*ati-n a f-ll-9:1; a fine in t%e )' -f )#$%a#*e -f


45/48

2

)nle Defendant -38e$t t- t%e $lai'ed a'-)nt 3+ filin* an-38e$ti-n it%in 10 da+ -f t%e filin* -f t%e tate'ent. Int%at event, t%e C-)#t %all i)e an -#de# eta3li%in* t%e#etit)ti-n a'-)nt, it% -# it%-)t a %ea#in* a t%e C-)#tdee' a((#-(#iate= and

:!; t%e $-)#t $-t -f t%i a$ti-n.

Defendant %all (a+ all finan$ial -3li*ati-n -ed t- t%e Cle#4 -fC-)#t -f t%i $-)nt+ -# -nline at .i-a$-)#t.*-v. All )$%finan$ial -3li*ati-n %all 3e (aid ()#)ant t- a (lan -f (a+'enta##an*ed t%#-)*% Defendant2 (#-3ati-n )(e#vi-#= and

3. Defendant %all 3e $-''itted t- t%e Di#e$t-# -f Ad)lt C-##e$ti-nf-# a (e#i-d n-t t- e$eed t- :; +ea#. T%e (#i-n enten$e %all#)n $-n$)##entl+ t- t%e enten$e i'(-ed in Ida C-)nt+ Cae -.FECR00!"0. T%e enten$e i )(ended and Defendant i (la$ed-n (#-3ati-n f-# a (e#i-d -f t- :; +ea# t- t%e Sa$ C-)nt+P#-3ati-n Offi$e )nde# t%e te#' and $-nditi-n t%e Sa$ C-)nt+P#-3ati-n Offi$e dee' a((#-(#iate. In additi-n t- an+ te#' t%eSa$ C-)nt+ P#-3ati-n Offi$e i'(-e, t%e C-)#t (e$ifi$all+ i'(-eall -f t%e f-ll-in* te#' -f (#-3ati-n9

:1; Defendant %all 'a4e (e#-nal $-nta$t it% t%e Sa$ C-)nt+P#-3ati-n Offi$e it%in even :; da+ f#-' t%e date -f t%efilin* -f t%i O#de# t- i*n t%e P#-3ati-n A*#ee'ent=

:; Defendant %all -3e+ all la=:; Defendant %all 3e e'(l-+ed f)ll7ti'e, attendin* $%--l f)ll7

ti'e, -# en*a*ed in a f)ll7ti'e $-'3inati-n -f e'(l-+'entand $%--l attendan$e d)#in* t%e (e#i-d -f (#-3ati-n= and

:?; Defendant %all $-'(l+ it% all te#' -f t%i O#de#,in$l)din* (a+in* all finan$ial -3li*ati-n and $-'(letin* all#e5)i#ed ta4 in a ti'el+ 'anne#.

$. T%e Defendant %all )3'it a (%+i$al (e$i'en f-# DA (#-filin*.

. T%e C-)#t *#ant t%i enten$e 3e$a)e it (#-vide f-# Defendant2#e%a3ilitati-n and t%e (#-te$ti-n -f t%e $-'')nit+. T%e C-)#t %a $-nide#ed t%eenten$in* #e$-''endati-n -f t%e (a#tie.

?. T%e C-)#t ()3li$l+ ann-)n$ed and-# %e#e3+ ()3li$l+ ann-)n$e t%atDefendant2 te#' -f in$a#$e#ati-n 'a+ 3e #ed)$ed f#-' t%e 'ai')' enten$e3e$a)e -f tat)t-#+ ea#ned ti'e, -#4 $#edit, and (#-*#a' $#edit and t%atDefendant 'a+ 3e eli*i3le f-# (a#-le 3ef-#e t%e enten$e i di$%a#*ed.

&. Defendant %a a tat)t-#+ #i*%t t- a((eal 3+ filin* #itten n-ti$e -f a((ealit% t%e Cle#4 -f C-)#t -f t%i $-)nt+ it%in 0 da+ -f t%e date -f t%ee (#-$eedin*.If Defendant i )na3le t- (a+ t%e $-t -f a((eal, Defendant 'a+ a((l+ t- t%e C-)#t f-#a((-int'ent -f $-)nel and t%e f)#ni%in* -f a t#an$#i(t -f t%e eviden$e a (#-vided in



46/48

3

I-a C-de Se$ti-n 61?." and 61?.11. Filin* a n-ti$e -f a((eal it%in t%e ti'e and int%e 'anne# (e$ified in I-a R)le -f A((ellate P#-$ed)#e !.101 i 8)#idi$ti-nal andfail)#e t- $-'(l+ it% t%ee (#-vii-n %all (#e$l)de Defendant2 #i*%t -f a((eal.

!. A((eal B-nd i et in t%e )' -f


47/48


Type: OTHER ORDER



So Ordered




48/48


fecr012692 - odebolt man pleads guilty to attempted burglary 3rd degree.pdf

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