motion for indefinite continuance while deal is work out sustained in the matter of state vs cody...

7/30/2019 Motion for Indefinite Continuance While Deal is Work Out Sustained in the Matter of State vs Cody Anthony Dupre

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E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

CODY DUPREE,

Defendant.

Case No. FECR012240

APPLICATION FOR ARRESTWARRANT AND TO SET HEARING TO

REVOKE DEFENDANTS PROBATION

COMES NOW, the State of Iowa, through Ben Smith, Sac County Attorney, and in

support of his Application to Revoke Defendants Probation states the following:

1. On May 7, 2013, defendant plead guilty to the charge of Burglary in the Third

Degree, in violation of Iowa Code 713.1 and 713.6A, a Class D felony. On May 27,

2013, the Court ordered defendant be committed to the custody of the Iowa DOC for a

term not to exceed five 5 years, but suspended said sentence and placed defendant on

probation for a period of 3 years.

2. On June 26, 2013, defendant was arrested in Sac County, Iowa, for first degree

burglary, a Class B felony, the criminal complaint for said charge is attached hereto as

Exhibit 1 and is incorporated herein by reference as though fully set forth herein.

3. The terms and conditions of defendants probation agreement required that he

not have any further violations of the law and report any arrest within 24 hours with the

Iowa DOC, the terms and conditions of defendants probation agreement with the Iowa

DOC, a copy of which is attached hereto as Exhibit 2 and is incorporated by reference

as though fully set forth herein.

4. By the very nature of defendants new charges, defendant has violated the terms

and conditions of his probation.

5. Additionally, law enforcement informed the undersigned that less than 2 days

after being bonded out of jail following his June 26, 2013, first degree burglary arrest,

defendant threatened to kill a Wall Lake, Iowa, resident. 6HH([KLELW

WHEREFORE, the undersigned respectfully requests that the Court immediately issue

an arrest warrant for defendant for violating the terms and conditions of his probation. The

undersigned further requests that following a hearing, the Court revoke defendants

probation and commit defendant to the Iowa DOC for incarceration for a term not to exceed

5 years.

/s/ Benjamin John Smith

Benjamin John Smith - AT0008834Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791

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

E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

CODY DUPREE,Defendant.

Case No. FECR012240

ORDER ISSUING ARREST WARRANTAND SETTING HEARING TO REVOKEDEFENDANTS PROBATION

This matter came before the Court on the States application for an arrest warrant

and to set a hearing on the States application to revoke defendants probation. The

Court, upon reviewing the record and being advised in the premises, FINDS that on the

face of the States aforementioned application and the attachments thereto, there exists

probable cause to believe defendant violated the terms and conditions of his probation in

Sac County Case No. FECR012240 (class D felony conviction), as well violating any

usual terms and conditions normally associated with pretrial release for a class B

felony charge such as defendants June 26, 2013, first degree burglary charge (Sac

County Case No. FECR012340).

IT IS THEREFORE ORDERED that the Clerk of Court shall immediately issue a

warrant for defendants arrest.

IT IS FURTHER ORDERED that a hearing on the merits of the States Application to

Revoke Defendants probation in FECR012240 shall be and is set for 11:00 a.m., August

13, 2013, at 11:00 a.m. at the Sac County Courthouse, Sac City, Iowa.

Bond set at $10000.00 cash or surety.



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State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

FECR012240 STATE VS CODY ANTHONY DUPRE

So Ordered

Electronically signed on 2013-07-03 16:19:31 page 2 of 2



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STATE OF IOWA,

Plaintiff,

v.

CODY DUPREE,Defendant.

Case No. FECR012240

ORDER ISSUING ARREST WARRANTAND SETTING HEARING TO REVOKEDEFENDANTS PROBATION

This matter came before the Court on the States application for an arrest warrant

and to set a hearing on the States application to revoke defendants probation. The

Court, upon reviewing the record and being advised in the premises, FINDS that on the

face of the States aforementioned application and the attachments thereto, there exists

probable cause to believe defendant violated the terms and conditions of his probation in

Sac County Case No. FECR012240 (class D felony conviction), as well violating any

usual terms and conditions normally associated with pretrial release for a class B

felony charge such as defendants June 26, 2013, first degree burglary charge (Sac

County Case No. FECR012340).

IT IS THEREFORE ORDERED that the Clerk of Court shall immediately issue a

warrant for defendants arrest.

IT IS FURTHER ORDERED that a hearing on the merits of the States Application to

Revoke Defendants probation in FECR012240 shall be and is set for 11:00 a.m., August

13, 2013, at 11:00 a.m. at the Sac County Courthouse, Sac City, Iowa.

Bond set at $10000.00 cash or surety.



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Type: OTHER ORDER



So Ordered




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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 Sac

0,STR{CICOURT OF |G WSAC COUNTYFILED2013JUL-5 PH2.-23

. C O U N T Y

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

vs.Plaintifi/Petitioner,

J. , r)COP/ Pupr^Defendant/Respondent.

Y Criminal Civi lN o.

F I 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 NF 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 fo r appointment of counsel, and under penalty of perjury, the undersigned states:Birth Date: f ' J .ame:

Home Phone:Street Address:

Cell Phone: mail:

Street/P.O. Bo x Apt# CityPendingcharges:

State ZipInJail?MYes N o

Do you have a job? No Job ^ Y e s , F ull Time Yes, Part Time (List Hours/week: )Who do you work for? U f S Q f ) ^ S P p i ^ & J ^Ho w much money do you currently make before taxes or deductions? / / per ^Thour month yearHow much money have you made in the last 12 monthsfromany source, before taxes or deductions?

M oHow many family members are supported by or live withyou? ifflpf-i *0*~.If a spouse lives with you, how much money does your spouse make? ([/ per hour month year.List all other money you, or anyone else living in your household, ha s coming in : \List what you own includingelse worth more than $100ing money in banks, cars, trucks, other vehicles, land, houses, buildings,cash, or anything0: C/)/TU> & * r , SA'i f^tL

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay fo r an attorney to represent me.

Date i "' " ' / SignatureRev. 1/6/12


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CONTINENTAL HERITAGEInsurance CompanyContinental Heritage Insurance Company6140 Parkland Blvd., Ste 321Cleveland, OH 44124440.229.3420 F A X 440.229.3421

Mark W . HoltanA 1 Bail Bonds

PO Box 12Thor, IA 50591Office 515-378-3286Fax 515-576-3276

(PLACE BAIL AGENT'S ADDRESS STAMP HERE)

I N T H E s County DistrictoZn

_cejpRC O U N T Y , S T A T E O F _ lowa

T H E S T A T E OF lowaPlaintiff

V S . } N o.

t-s t/>a^ i & >

C O-

7Defendant

That weKnowAll Men By These Presents:

l y ^ ^ O ^ - - ^ ^ ^ as Principal, and Continental Heritage Insurance Companyas Surety (Identified by attached Power of Attorney N o.are held and firmly bound unto thein the sum off /

3o-X_. County DistrictC o u r t , C i t y , County, or S t a t e

i O . o o oollars ($_fo r the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assignsjointly and severally. /~\ \ T "^^The condition of this obligation is such that i f the said >(bc - Li ^ ^ - ^ Principal, shallappear at the next regular or special term of the_ County District

NameCourt 7 ^ . j g to answer a charge ofand shall appear from day to day and term to term of said court and not depart the jurisdiction ofthe Court without leave then thisobligation shall be void, otherwise it shall remain in fu l l force and effect.Signed and Sealed thisTaken before and approved byme:

Day of

Name

Title

\


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\

Continental Heritage Insurance Co.^ : ' ? " i v ~^;61g"teklandBlwi./Ste 32l'

' : .Mayfielc! Ills., OH-14124Str.:'.':'. (440l.229-.M20 "(>) iS')-b(.V) ,'POWER OF ATTORNEY ' P O W E R NO-

P O W E R A M O U N T

WC30-0103557530,000.00

I f V V ^ , T ' ^ V C ra" " 2' Insurance Company, a co^ration duly orgai 2ed>nd existing under'the laws of d,e State ofFlorida and by theW ^ ^ d b y ^ e ^ p ^ e n t s d o e ^

^ ' f ' n 1 1 A u t h p n t y of such Attorney , , is limhed ,o appearance bonds and cannot be construed to !uaran,e defendant's future wfu lconduct.adherence to travel bjmtauons,fines,resumtion payments or penalties, or any other condition imposedbyVcdujt not ipecacally-related toôuh appearanceThis Power-of Attorneys for use wkh BaUBonds only. No , .valid if.used in connection w i * Federal or Immiorauon Bonds.TOs'power s void'if altered or erased, void if used vvith other

m ; ~ r a b l n a : , ' I , " ; " ' i ' ! 1 l > ^ J r o m any other surety company/and void .fused to furnish bail in eicess of the stated face amount of this power, and cat, only beThe obligation of the companv'shallriotexceed the sum of: T H I R T Y T H O U S A N D D O L L A R S . .. - and îd ed ^ns Power of A , , ^ , e y is with i i i bond and retained as a part of the court recordv 7*e said Attorney-in-Fac, ts hereby authorized to insert i n f e PowerÂttorney ihe !nameofthe person on whosc.behalf this bond was flven:fc>T,y--.' .; r - j :.F : i , . i " 7 - V , ; ~ T- - i i : ; - '. :\v--.r;-.. '

IN W I T N E S S W H E R E O F , T H E C O N T IN E- "ST: 'lto-affixed this ' rDAYcorporate seal-to be hercunto-aêd thisBond

Defendant

caused thesepresentsi to .be igried by its duly authorized o f^

Charges

Case No !^_State

. Edward F.Feigl

SEAL2008


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E-FILED 2013 JUL 08 8:42 AM SAC - CLERK OF DISTRICT COURT


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1

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff, FECR012240

vs.

ORDERCODY ANTHONY DUPRE,

Defendant.

On this date, a hearing was scheduled in regard to the States Application to Revoke the

Defendants Probation. Prior to the hearing, counsel advised the Court that the parties were

attempting to work out a settlement and requested an indefinite continuance of this hearing.

ORDER

IT IS ORDERED that the parties request for an indefinite continuance of this hearing is

sustained. This matter will not be rescheduled for hearing unless either party files a written

request with the Clerk of Court.

CLERK TO MAIL COPIES TO:County AttorneyCharles Schulte

E-FILED 2013 AUG 13 10:52 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered




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2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.

CODY ANTHONY DUPRE ,

DEFENDANT.

Case No. 02811 FECR012240

O R D E R

It Is Ordered that Mr. Charles Schulte is appointed to represent the defendant in this

litigation effective July 5, 2013.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

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Case Number Case TitleFECR012240 STATE VS CODY ANTHONY DUPRE

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-08-19 10:34:26


motion for indefinite continuance while deal is work out sustained in the matter of state vs cody...

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