srcr012808 - laurens woman pleads guilty to failure to have a valid license or permit.pdf

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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. 

    1 of 2

    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

    2 of 2

    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. 

    1 of 4

    E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT

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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:

    2 of 4

    E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT

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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

    3 of 4

    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

    4 of 4

    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

    mailto:[email protected]:[email protected]

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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 

    1 of 2

    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

    2 of 2

    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.

     1 of 3

    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

    2 of 3

    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

    3 of 3

    E-FILED 2015 MAY 06 11:20 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: 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

    2 of 2

    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

    1 of 2

    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

    2 of 2

    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

    mailto:[email protected]:[email protected]

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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.

    1 of 2

    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

    2 of 2

    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

    mailto:[email protected]:[email protected]

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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.

     

    1 of 2

    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

    2 of 2

    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