order setting trial - state v matthew j. wessels - fecr012392

8/22/2019 Order Setting Trial - State v Matthew J. Wessels - Fecr012392

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E-FILED 2013 AUG 10 2:24 AM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

MATTHEW J WESSELS ,Defendant.

Case No: 02811 FECR012392

INITIAL APPEARANCE POSSESSION OF A CONTROLLED

SUBSTANCE

Charges:01 - 124.401(1)(c) - CONTROLLED SUBSTANCE VIOL. (FELC)Defendant enters a not guilty plea to the accompanying possession of drug paraphenalia charge

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 can

and 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 C

Aggravated MisdemeanorSerious Misdemeanor

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

One Year County Jail

10 Years Prison

And/Or $fine of not less than 1,000 nor more than 50,000

You will lose your driver's license for a period of days.

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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.

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:

(1) You must not use any alcohol or illegal drugs during the pendency of this matter.(2) You must obey all laws of Iowa and the U.S.(3) You are ordered to complete a substance abuse evaluation immediately at New

Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine

whether sufficient evidence exists to justify further prosecution of the Defendant as charged. 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 08/26/2013 at 9:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa.

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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State of Iowa Courts

Case Number Case TitleFECR012392 STATE VS MATTHEW J WESSELS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-08-12 09:16:50

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I N T H E I O W A DI STRI CT 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 orPlaintiff/Petitioner,

Defendant/Respondent.

Criminal CivilNO. Fecm\i^iF 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:Name: ( ' \ (A J\A v ^ i & C X & Birth Date:

ipport of my application fo r ap

Home Phone: Cell Phone:Street Address:

E-mail:

Street/P.O. BoxPending charges: >r>j?t^" , &P .

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash,or anything *else worth more than $100: L L Oirt U(J \ / QD & \V Q > KC cdL ^ j ( L

I arnojmts yor^p^nion&lyJorrriPrtgag^^ child support, or any other debts: $3

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 SignatureRev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.MATTHEW J WESSELS ,

DEFENDANT.

02811 FECR012392

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 Robert Peterson, a contract attorney, is appointed.

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E-FILED 2013 AUG 20 5:54 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER APPOINTING

So Ordered


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E-FILED 2013 AUG 20 5:54 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

MATTHEW J. WESSELS,

DOB: 12/08/1980

Defendant.

Case No. FECR012392

TRIAL INFORMATION

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,

Matthew J. Wessels (defendant) of the crime of POSSESSION OF A

CONTROLLED SUBSTANCE (METHAMPHETAMINE) WITH INTENT TO DELIVER,

a violation of Iowa Code section 124.401(1)(c)(6) a Class C Felony, committed as

follows: On or about August 9, 2013, the defendant knowingly possessed

methamphetamine, a controlled substance. The defendant knew that the substance

he possessed was methamphetamine. The defendant possessed the substance with

the intent to deliver the same.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected]


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Type: Approval of Trial Information

Case Number Case Title

FECR012392 STATE VS MATTHEW J WESSELS

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 2013-09-20 09:50:33 page 2 of 2

E-FILED 2013 SEP 20 9:50 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012392

Plaintiff,

vs.MATTHEW WESSELS

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

ROYCE KEMMANN, OFFICER, LAKE VIEW/WALL LAKE POLICE DEPARTMENT

JEFF DARRYL CARTER

KATHLEEN KINSETH OR DESIGNEE, EVIDENCE TECHNICHIAN, IOWA

DEPARTMENT OF PUBLIC SAFETY DCI CRIMINALISTICS LABORATORY

AMY JOHNSON OR DESIGNEE, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC

SAFETY DCI CRIMINALISTICS LABORATORY



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STATE OF IOWA,Plaintiff,

VS.

MATTHEW J. WESSELS,

Defendant.

CRIMINAL NO. FECR012392

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 8 th day of OCTOBER 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012392 STATE VS MATTHEW J WESSELS

So Ordered

Electronically signed on 2013-09-20 09:50:34 page 2 of 2


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STATE OF IOWA,Plaintiff,v.

MATTHEW J. WESSELS,Defendant.

Criminal No. FECR012392

WRITTEN ARRAIGNMENTAND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oathstates:

1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108West 8th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are:02 Summit St, WallLake, IA 51466 712-210-77263. I am _32 years old. I can read and understand the English language and have completed the

following level of education: p i . 54. I have been advised by the above named attorney and understand that I have a right to

arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign thiswritten arraignment and plea of not guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filing thiswritten arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) ofPossession of a Controlled Substance (methamphetamine) with Intent to Deliver in violation of

Iowa Code section(s)24.401(1)(c)(6) 2013). I have read it, and I have familiarizedmyself with its contents.

6. With regard to the name by which I am charged in the indictment/trial information (either check"a" or check and complete "b"):

] a. The name shown on the indictment/trial information is my true name. I have beendvised and understand that I am now precluded from objecting to the indictment/trial

information upon the ground I am improperly named.[ ] b. The name shown on the indictment/trial information is not my true name. My true nameisI request that an entry be made in the minutes

E-FILED 2013 OCT 03 8:34 PM SAC - CLERK OF DISTRICT COURT


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certify acknowledgements and administer oaths.bo, _ _ _ _ _ _ _ _ - _ -Notary pu lc or other officer authorized to take and

showing my true name. I have been advised and understand further proceedings will be hadagainst me by that name, the indictment/trial information will be amended accordingly, andwhen the indictment/trial information is so amended I will be precluded from objecting upon theground I am improperly named.

7. I have been advised and understand that I may plead guilty, not guilty, or former conviction oracquittal.

8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the abovenamed attorney, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge(s) of Possession of a Controlled Substance(methamphetamine) with intent to Deliver

10 . I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90days after indictment/filing of trial information and [check either "a" or "b"]:[)14 a. I demand a speedy trial pursuant to rule 2.33(2)(b).[ ] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

11 . I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will beavailable for trial on the following days:

Defendant

State of Iowa Carroll County, ss.Subscribed, sworn to and acknowledged before me by Matthew Wessels this20j3ay of

[seal]ROBERT E. PETERSONCommission Number 758404MY COMMSSIOVE2T 1 5E SMAY 21,

E-FILED 2013 OCT 03 8:34 PM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.MATTHEW J WESSELS ,

DEFENDANT.

Case No. 02811 FECR012392

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 3, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Robert Peterson.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on November 5, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.MATTHEW J WESSELS ,

DEFENDANT.

Case No. 02811 FECR012392

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 3, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Robert Peterson.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on November 5, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered



order setting trial - state v matthew j. wessels - fecr012392

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