srcr012808 - laurens woman pleads guilty to failure to have a valid license or permit.pdf
TRANSCRIPT
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E-FILED 2015 MAR 22 11:40 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS
JESSICA RENE GARDNER
Defendant
02811 SRCR012808
ORDER
The court does not find that this is an appropriate case for an arrest warrant in the first instance andinstead orders that the defendant be summoned to appear. If she fails to appear pursuant to thatsummons than an arrest warrant shall issue.
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E-FILED 2015 MAR 23 10:03 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: OTHER ORDER
So Ordered
Electronically signed on 2015-03-23 10:02:59
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E-FILED 2015 MAR 23 10:03 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWAPlaintiff
vs
JESSICA RENE GARDNERDefendant
Case No. 02811 SRCR012808
Summons or Citation
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:DRIVING WHILE LICENSE DENIED OR REVOKEDin violation of Section(s) 321J.21 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on04/06/2015 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).
E-FILED 2015 MAR 24 9:29 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,
vs.
JESSICA RENE GARDNER , Defendant. Defendant's Correct Address: 203 Byron St.,Laurens, IA 50554
Case No: 02811 SRCR012808
ORDER ON INITIAL APPEARANCE
Charges:01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKEDUpon review of the complaint and accompanying affidavits, the court finds: That there is probable cause to believe that the defendant has committed the offense(s) listed above. The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 andfirst offense operating while intoxicated which carries a minimum fine of $1250. In these cases adefendant can be sentenced to up to one year in the county jail except for possession of marijuanawhich carries a maximum sentence of six months in jail. In the cases of confiction for possessionof marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Convictionof this offense will result in loss of your operators license for a period of and you cannot qualify for awork permit for days.In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proofbeyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if youqualify. You must fill out an application if you want court appointed counsel.
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MANDATORY SUBSTANCE ABUSE EVALUATION: You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at: New Opportunites, Sac City, 712-662-7921 Compass Point, Storm Lake, 712-732-5136or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Courtat 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILLRESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIALRELEASE. TERMS OF RELEASE:
You will be released from custody prior to trial on your own promise to appear at all further courtproceedings. If you willfully fail to appear before the court as required, you shall be guilty of a DFelony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assuredthat you will appear at all court proceedings in the future and therefore the court imposes the followingconditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST.
PRELIMINARY HEARING 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 in this county. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
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Preliminary Hearing is scheduled on 04/27/2015 at 10:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. in the magistrate courtroom. 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. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. 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
DefendantSac County Sheriff
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E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-04-06 09:13:02
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E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012808
Plaintiff,
vs. TRIAL INFORMATION
JESSICA RENE GARDNER,DOB: 02/01/1985, 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, Jessica Rene Gardner
of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:
The said Defendant, Jessica Rene Gardner, on or about March 2, 2015 in the County
of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while her Iowa
operator’s license was denied or revoked under Iowa Code Chapter 321J.
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 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT
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THE STATE OF IOWA vs. JESSICA RENE GARDNER
Criminal No. SRCR012808
COUNT I: Driving While License was Denied or Revoked Under Chapter 321J
NAMES OF WITNESSES:
BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT
OF TRANSPORTATION
E-FILED 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
SRCR012808 STATE VS JESSICA RENE GARDNER
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 2015-04-24 15:38:08 page 3 of 3
E-FILED 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
JESSICA RENE GARDNER ,
Defendant.
Case No: 02811 SRCR012808
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 05/06/2015 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 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012808 STATE VS JESSICA RENE GARDNER
So Ordered
Electronically signed on 2015-04-24 15:38:09 page 2 of 2
E-FILED 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT
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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
FILED
2015 MY-6 AM
9 ; 0 9
C O U N T Y
S T A T E
O F
I O W A
or
Plaintiff/Petitioner,
Defendant/Respondent.
Criminal
Civil
No. S\cfCKft fcgft
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 N
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:
I
Birth
Date:
Home Phone:
Street Address:
Street/P.CC
feox
Apt # City
. . State Zip
Pending
charges
In Jail?
• Yes • No
Do
you
have
ajob?
p
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF, VS. JESSICA RENE GARDNER ,
DEFENDANT.
02811 SRCR012808
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.
COPY PROVIDED TO DEFENDANT
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E-FILED 2015 MAY 06 9:41 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: ORDER APPOINTING
So Ordered
Electronically signed on 2015-05-06 09:40:02
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E-FILED 2015 MAY 06 9:41 AM SAC - CLERK OF DISTRICT COURT
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STATE
OF
IOWA,
Plaintiff,
VS.
JESSICA
RENE GARDNER,
Defendant.
COMES
NOW
the
Defe
states:
1. I am
represented
y
Schulte
Law
Firm PC
Charles
Schulte
Attorney
IN THE
IOWA
DISTRICT
COURT
N AND
FOR SAC COUNTY
No.
SRCR012808
WRITTEN
ARRAIGNMENT
and
PLEA OF
NOT GUILTY
ndant n the
above-captioned
riminal
caseand
under
oath
Charles
Schulte
whose address
nd
telephone
number
are:
at
Law
PO
Box 392
SacCity IA 50583
Telephone:
(7
12)
662-47
5
2.My current
mailing
and
residence
ddresses
nd elephone
umber
are:
Jessica
ReneGardner
203
Byron
St
Laurens
A 50554
rerepho '
q-t+-
3l?-
fO
7
7 7 8 L
3.
I
can
read and
understand
English
lanpuage
and
have completed
he
following
level of education | 2TL,
tc
f
a
d e-
4. I have
been
advised
by
my attorney
and understand
hat
I
have a
right
to
arraignment
n open
Court,
and
I voluntarily
waive the
right, choosing
nstead o
sign
this
Written
Arraignment
and
Pleaof
Not Guilty.
I
understand
hat
times
for
further
proceedingswhich
are computed
rom
the date
of arraignment
will be
computed
from
the date
of
filing this
Written
Arraignment
and
Pleaof
Not Guilty.
5.
I have
received
a copy
of the
Trial
Information
which charges
me
with the
crime
of
Driving
While
License
was
Denied
or
Revoked
Under
Chapter
321J.
a Serious
Misdemeanor
n violation
of
Iowa Code
Section
21J.21.
6. With
regard
o the
name by
which
I
am
charged
n the
Trial
Information
(either
check
a
or check
and
complete
b ):
/
(W
The
nameon
the Trial
Infbrmation
s
my true
name.
I havebeen
advised
and
understand
hat
I
am
now
precluded rom objecting
o
the
Trial
Information
upon
he
grounds
hat
I am
improperly
named.
(
)
b.
The
nameshown
on the
Trial
Infbrmation
s not
my true
name.
My true
name
E-FILED 2015 MAY 06 11:02 AM SAC - CLERK OF DISTRICT COURT
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. I request hat an entry be
made n the
minutesshowing
my true name.
I have
been advised
and understand
urther
proceedings
will be had against
me
by
that true name, he
Trial Infbrmation
will be amended
ccordingly,and when he
Trial Information
s
so amended,
will be
precluded
rom objectingupon
he
grounds
am improperly
named.
7 I have advisedand understand hat I may plead guilty, not guilty or former
conviction
or acquittal.
8.
For
the
purpose
of this arraignment,
havehad
sufficient
ime to discuss
my case
with my attorfl€y,
and
waive
any
further ime
in which
to
entera
plea.
9.
I
plead
NOT GUILTY to the
charge(s)
n
paragraph
above.
10. havebeenadvised
and understand
hat I havea right under
Rule
27(2)(b) of the
Iowa
Rules oJ'Criminal
Procedure o a trial
within ninety days/one
year
after
the
filing of the
Trial
Informationand
(check
either
a
or
b ):
f
tfu
I demand
a speedy rial
pursuant
o
Rule 27(2)(b)and
(c).
(
)
b. I waive
my right to a speedy
rial
pursuant
o
Rule 27(2)(b)and
(c).
1S
11.
I request hat a
Criminal
Procedure.
trial date
be set
pursuant
o Rule 8.1 of
the lowa
Rules of
My attorneyand
I will be
available or trial on the
following
days:
Attorney for Defendant
STATE
OF IOWA
)
i s s
SAC
COUNTY
)
on this
laay
of
Yl
qJ/
2015before
me
re
undersigned,
NotaryPublic
n and or
saidState,
..ro*tty
ippr
,
to
meknown o be
he
identical
erson
amed
n
and
whoexecutedhe
oregoingnstrument,ndacknowledged
hat
sheexecuted
the sameof
her voluntarvact
and deed.
in and
or e State f
Iowa
il cttARLES
.
schfu-LTE.
f'Ht
do,n*,*,on
Number
24274
E-FILED 2015 MAY 06 11:02 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs. JESSICA RENE GARDNER ,
Defendant.
Case No: 02811 SRCR012808
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on May 6, 2015. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 06/17/2015 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 07/21/2015 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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E-FILED 2015 MAY 06 11:20 AM 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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E-FILED 2015 MAY 06 11:20 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2015-05-06 11:18:02
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs. JESSICA RENE GARDNER ,
Defendant.
Case No: 02811 SRCR012808
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
07/15/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Clerk to provide notice to counsel of record.
1 of 2
E-FILED 2015 JUN 18 9:58 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: OTHER ORDER
So Ordered
Electronically signed on 2015-06-18 09:56:10
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E-FILED 2015 JUN 18 9:58 AM SAC - CLERK OF DISTRICT COURT
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2RCR18
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
JESSICA RENE GARDNER ,
DEFENDANT.
Case No. 02811 SRCR012808
O R D E R
The Defendant failed to appear for the pretrial conference hearing scheduled
for July 15, 2015. A warrant should now issue for the Defendant's arrest to secure
her 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 pretrial
conference proceedings, the State shall so notify the Court. The pretrial
conference hearing will then be rescheduled.
CLERK TO FURNISH COPIES TO:
BENJAMIN JOHN SMITH
CHARLES A SCHULTE
SAC COUNTY SHERIFF
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E-FILED 2015 JUL 15 10:16 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered
Electronically signed on 2015-07-15 10:16:03
2 of 2
E-FILED 2015 JUL 15 10:16 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JUL 21 9:52 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff, v. JESSICA RENE GARDNER ,
Defendant.
02811 SRCR012808
ORDER
The Defendant failed to appear for pretrial conference and a warrant issued. The Defendant has beensecured on the warrant.
The Defendant is released on her promise to appear. Pretrial conference is set for August 5, 2015 at9:30 a.m., Sac County Courthouse, Sac City, Iowa.
1 of 2
E-FILED 2015 JUL 21 10:04 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: OTHER ORDER
So Ordered
Electronically signed on 2015-07-21 10:03:50
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E-FILED 2015 JUL 21 10:04 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 AUG 13 10:33 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, No. SRCR012808Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION
JESSICA RENE GARDNER,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
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: FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILEOPERATING A MOTOR VEHICLE, a Scheduled Violation of Iowa Code Section
321.174(1.)
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 50583Telephone: 712-662-4791
Fax: 712-662-4123Email: [email protected]
Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing
instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on August 13, 2015,
by: [ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ ] Overnight Courier
[ ] Certified Mail [x ] EDMS
Signature: /s/Norma Hecht
E-FILED 2015 AUG 13 4:23 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
JESSICA RENE GARDNER ,
Defendant.
02811 SRCR012808
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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 08/19/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea. 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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E-FILED 2015 AUG 14 9:44 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: OTHER ORDER
So Ordered
Electronically signed on 2015-08-14 09:43:55
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E-FILED 2015 AUG 14 9:44 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012808
Plaintiff,
vs. AMENDEDTRIAL INFORMATION
JESSICA RENE GARDNER,DOB: 02/01/1985, 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, Jessica Rene Gardner
of the crime FARILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING AMOTOR VEHCILE, a Scheduled Violation of Iowa Code Section 321.174(1) committed as
follows:
The said Defendant, Jessica Rene Gardner, on or about March 2, 2015 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a public
roadway without a valid license or permit.
A TRUE INFORMATION
Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791
Fax: 712-662-4123Email: [email protected]
E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
SRCR012808 STATE VS JESSICA RENE GARDNER
On this date, I have reviewed the attached Amended Trial Information and find that itcontains evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury.Being satisfied from the showing made that the case should be prosecuted, I approve theAmended Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2015-08-14 09:50:06 page 2 of 2
E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
JESSICA RENE GARDNER,
Defendant.
Case No. SRCR!"##
ORDER
NOW, on t$is !%t$
da& of A'('st, "!), t$e Co'*t is in *e+eit of t$e State-s
Re'est fo* /eave of Co'*t to A0end T*ial Info*0ation. T$e Re'est s$o'ld 1e(*anted.
IT IS T2EREFORE ORDERED t$at t$e State-s Re'est is (*anted. T$e T*ial
Info*0ation is a0ended to *ovide t$at Defendant is no3 +$a*(ed 3it$ Fail'*e to 2ave a
4alid /i+ense o* Pe*0it W$ile Oe*atin( a 5oto* 4e$i+le, a S+$ed'led 4iolation, in
violation of Io3a Code Se+tions 6"!.!7%8!9.
Cle*: to f'*nis$ +oies to;Co'nt& Atto*ne&Defense Co'nsel
E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012808 STATE VS JESSICA RENE GARDNER
So Ordered
Electronically signed on 2015-08-14 09:50:06 page 2 of 2
E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff, v. JESSICA RENE GARDNER ,
Defendant.
02811 SRCR012808
ORDER
The parties have reached an agreement and the charges have been amended to simplemisdemeanors. This matter is remanded to magistrate court for further proceedings. The Clerk shallprovide a copy of this Order to the magistrate.
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E-FILED 2015 AUG 19 10:01 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012808 STATE VS JESSICA RENE GARDNERType: OTHER ORDER
So Ordered
Electronically signed on 2015-08-19 10:00:29
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E-FILED 2015 AUG 19 10:01 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )Plaintiff ) SRCR012808
)
Vs. ) GUILT PLEA A!"#ESSICA RE!E GAR"!ER, ) #U"G$E!T E!TR"%f%n&ant )
''''''''''''''''''''''''''''''''''
T(is att%* +a% %f-*% t(% C-*t, /(i+( -n *%i%/in t(% *%+-*& an& %ina&is%& in t(% *%is%s FI!"S an& OR"ERS3
1. T(at t(% Stat% inf-*%& t(% C-*t t(at "%f%n&ant, t(*-( (%* att-*n%4, C(a*l%sS+(lt%, (as a*%%& t- l%a& ilt4 t- Fail*% t- (a% a ali& li+%ns% -* %*it
/(il% -%*atin a -t-* %(i+l% in i-lati-n -f I-/a C-&% S%+ti-n 521.1671).
2. T(at t(% T*ial Inf-*ati-n (as %%n a%n&%& t- *-i&% t(at &%f%n&ant is n-/+(a*%& /it( Fail*% t- (a% a ali& li+%ns% -* %*it /(il% -%*atin a -t-*%(i+l% in i-lati-n -f I-/a C-&% S%+ti-n 52101671), an& 4 C-*t O*&%* &at%&Ast 19, 201:, t(is att%* /as *%an&%& t- t(% $aist*at% C-*t.
5. T(at "%f%n&ant is a&;&%& ilt4 -f Fail*% t- (a% a ali& li+%ns% -* %*it/(il% -%*atin a -t-* %(i+l% in i-lati-n -f I-/a C-&% S%+ti-n 521.1671).
7. T(at t(% "%f%n&ant s(all a4 a s+(%&l%& fin% -f
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012808 STATE VS JESSICA RENE GARDNER
So Ordered
Electronically signed on 2015-08-21 15:34:42 page 2 of 2
E-FILED 2015 AUG 21 3:34 PM SAC - CLERK OF DISTRICT COURT