motion for order to dismiss with prejudice - state v ralph john freese - smcr012344

8/14/2019 Motion for Order to Dismiss With Prejudice - State v Ralph John Freese - Smcr012344

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E-FILED 2013 JUL 01 2:51 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

RALPH J FREESE , Defendant.

Case No: 02811 SMCR012344

APPEARANCE

Action:Date Filed: 7-1-2013

Charge(s):01 - 124.414 - POSSESSION OF DRUG PARAPHERNALIA (SMMS)

The Defendant appears and enters a not guilty plea to the above listed charge(s). This charge

is a simple misdemeanor and conviction carries a maximum penalty of $625.00 Fine plus 35%Surcharge and/or a term of confinement in the Sac County Jail not to exceed 30 days, plus CourtCosts.

OR

This matter should be set for Trial.OR

Based upon Defendant's guilty plea, the Court orders Defendant to pay a Fine of $, Surcharge of$ and Court Costs of $, all to be paid within days under penalty of Contempt.

In addition, Defendant shall pay a Law Enforcement Initiative Surcharge of $125.00 pursuant toSection 911.3. (For violations under 124, 155A, 453B, 713, 714, 715A, 716, 719.8, 725.1 and 725.2 &725.3).

In the event that the Fine, Surcharge, Court Costs are not paid within the prescribed period, thenDefendant shall appear on the day of , at o'clock to show cause why he/she should not be found inContempt of Court for failure to obey this Court Order.

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Defendant is advised that the sentence for Contempt shall be a Fine of not less than $65.00 and notmore than $650.00 plus 35% Surcharge and Court Costs.

AND/ORBy confinement in the Sac County Jail for a period not to exceed 30 days and payment of CourtCosts.

TOTAL DUE: $ TO BE PAID BY .All payments shall be made to: Clerk of Court 100 NW State Street, Suite 12 Sac City, IA 50583Copies to:

County Attorney

The Court has provided a copy to the DefendantDefendant

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State of Iowa Courts

Case Number Case TitleSMCR012344 STATE VS RALPH JOHN FREESE

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-01 11:07:46

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TN T H EI O W ADISTRICTC O U R TF O R

FILED

Sac2 13 JUL2 3C O U N T Y

9-- 18

S T A T EO FI O W AorJatatifE^etitioner,^g(ph )oh^freezefendanyRespondent

^ Criminalnrmnal Civi l /c.,t^PPIJCAT70N*\(^FOlt APPOINTMENT OF COUNSEL /Insupportofm yapplicationf o rappointmento fcounsel,and under penalty ofperjury,the undersignedstates:Name: \ o \ j { \ \ ^ 0 V lK \ - f r ^ ^ S f BirthDate: V - A f - f YHomePhone: lit-QQ. V-^Z^f CellPhone: 7'/'Z-QG/'VS? E-mail: C^-T-C-^S Q.fo WAf( Con^Street Address: 0 Z W /*s4-/m* \- \>Ckj7-7*T W ill U f a ^ A 6 (


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.RALPH J FREESE ,

DEFENDANT.

02811 SMCR012344

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.

712-662-4715

COPY PROVIDED TO DEFENDANT

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E-FILED 2013 JUL 25 3:37 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleSMCR012344 STATE VS RALPH JOHN FREESE

Type: ORDER APPOINTING

So Ordered

Electronically signed on 2013-07-25 15:37:37

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Magistrate Division

THE STATE OF IOWA, PLAINTIFF ) No. SMCR012344

)

)VS. ) APPEARANCE AND PLEA

RALPH J. FREESE ) OF NOT GUILTY

) WAIVER OF SPEEDY TRIAL

) REQUEST TO DELAY

) PROCEEDINGS

________________________________________________

COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 662-

4715 and hereby enters his appearance on behalf of the defendant and enters a plea on not

guilty herein and waives the right to speedy trial.

Inasmuch as this charge is a companion case to an indictable charge, Defendant

requests the Court to delay further proceedings herein until the underlying indictable

charge is resolved.

Respectfully Submitted,

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St. PO Box 392

Sac City, IA 50583(712) 662-4715

Original filed

Copy to: County Attorney



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Magistrate Division


)




) REQUEST TO DELAY

) PROCEEDINGS

________________________________________________






charge is resolved.





Sac City, IA 50583(712) 662-4715

Original filed




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Magistrate Division


)




) REQUEST TO DELAY

) PROCEEDINGS

________________________________________________






charge is resolved.





Sac City, IA 50583(712) 662-4715

Original filed




12/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY(Magistrate Division)

STATE OF IOWA, Plaintiff,

Criminal Cause No. SMCR012344

vs. MOTION for ORDER TO DISMISSWITH PREJUDICE

RALPH JOHN FREESE, Defendant.

COMES NOW Plaintiff in the above entitled matter and pursuant to Iowa Rules of

Criminal Procedure moves to dismiss, with prejudice, the charge of Possession of Drug

Paraphernalia, pursuant to Iowa Rule of Criminal Procedure 27(1) for the reason that the

interests of justice can best be attained by dismissal.

It is the desire, of both parties, that this charge be dismissed with prejudice, with court

costs in the amount of $60.00 assessed to the Defendant.

WHEREFORE, Plaintiff PRAYS for an Order dismissing the charge with prejudice and

terminating the conditions of pretrial release.

Respectfully submitted,

/s/Benjamin John SmithSac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse

100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Original filed EDMS, copy to:Defendants Attorney, Charles Schulte by email

E-FILED 2013 NOV 07 3:02 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]

motion for order to dismiss with prejudice - state v ralph john freese - smcr012344

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