fecr012474 - sac city woman gets deferred judgment on possession.pdf

8/10/2019 FECR012474 - Sac City woman gets deferred judgment on Possession.pdf

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E-FILED 2013 DEC 10 4:30 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

VALERIE LOUISE KUHLERSDefendant

Case No. 02811 FECR012474

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:THEFT 1ST DEGREEin violation of Section(s) 714.2(1) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on12/23/2013 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 2013 DEC 11 11:02 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. FECR012474

Plaintiff,

APPEARANCEv.

VALERIE LOUISE KUHLERS,

Defendant.

COMES NOW, the undersigned attorney and enters his appearance on behalf of

the defendant.

/s/ John P. Loughlin __________________________John P. Loughlin #AT0004856LOUGHLIN LAW FIRM231 West Maple StreetCherokee, IA 51012(712) 225-2514(712) 225-2515 (fax)

[email protected] ATTORNEY FOR DEFENDANT

E-FILED 2013 DEC 13 2:35 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

CASE No. FECR012474

TRIAL INFORMATION

COUNT 1

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, accusesVALERIE LOUISE KUHLERS (defendant) of the crime of THEFT IN THEFIRST DEGREE, a Class C Felony committed as follows: In Wall Lake, Iowa,from around September 16, 2010, through March 2013, defendant stoleapproximately $130,000 cash from Don Gansemer / Dons Diesel Repair, whichcash was stolen from the same person and from the same location by two ormore acts, so that the thefts are attributable to a single scheme, plan, orconspiracy. I OWA CODE 714.1(2), 714.2(1), 714.1(3)

COUNT 2

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of SPECIFIED UNLAWFUL ACTIVITY, aClass B Felony, committed as follows: On an ongoing basis between January2009 and March 2013, in Wall Lake, Iowa, defendant, for financial gain,committed at least 187 indictable theft offenses (31 acts of 2 nd degree theft, 52acts of 3 rd degree theft, and 90 acts of 4 th degree theft) and at least 125indictable forgery offenses. I OWA CODE 706A.2(4), 706A.1(5), 803.1, 715A.2Iowa Const. art. I, 11

COUNT 3

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT


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committed as follows: On or around December 18, 2012, defendant, with theintent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 4

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around September 21, 2012, defendant, with theintent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences an

obligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 5

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around October 6, 2012, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 6


committed as follows: On or around October 9, 2012, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2



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COUNT 7


committed as follows: On or around October 18, 2012, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 8

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around November 15, 2012, defendant, with theintent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 9

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around November 15, 2012, defendant, with theintent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 10COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around January 7, 2013, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences an



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COUNT 11

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around February 8, 2013, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 12

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around February 11, 2013, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences anobligation of Don Gansemer / Dons Diesel Repair who has purportedly executedit or authorized its execution. I OWA CODE 715A.2

COUNT 13

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around February 15, 2013, defendant, with the intentto defraud or injure Don Gansemer / Dons Diesel Repair, made a writingpurporting to be a check, draft, or other writing which ostensible evidences an




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COUNT 14


committed as follows: On or around March 1, 2013, defendant, with the intent todefraud or injure Don Gansemer / Dons Diesel Repair, made a writing purportingto be a check, draft, or other writing which ostensible evidences an obligation ofDon Gansemer / Dons Diesel Repair who has purportedly executed it orauthorized its execution. I OWA CODE 715A.2

COUNT 15

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around March 7, 2013, defendant, with the intent todefraud or injure Don Gansemer / Dons Diesel Repair, made a writing purportingto be a check, draft, or other writing which ostensible evidences an obligation ofDon Gansemer / Dons Diesel Repair who has purportedly executed it orauthorized its execution. I OWA CODE 715A.2

COUNT 16

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses VALERIE LOUISEKUHLERS (defendant) of the crime of FORGERY, a Class D Felony,committed as follows: On or around March 8, 2013, defendant, with the intent todefraud or injure Don Gansemer / Dons Diesel Repair, made a writing purportingto be a check, draft, or other writing which ostensible evidences an obligation ofDon Gansemer / Dons Diesel Repair who has purportedly executed it orauthorized its execution. I OWA CODE 715A.2



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A TRUE INFORMATION

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



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WITNESS LIST

TED HELMICH, Police Chief, Lake View Police Department

ROYCE KEMMANN, Peace Officer, Lake View Police Department

DON GANSEMER, Mechanic / Owner Dons Diesel Repair

KEVIN SPORRER, Westside State Savings Bank

LILA CRAWFORD, Westside State Savings Bank

TRAVIS KNOBBE, Westside State Savings Bank

MATT LUJANO, Westside State Savings Bank

LORI POLAND, Westside State Savings Bank

DAN DOTZLER, United Bank Of Iowa

JEREMY KUCHEL



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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERS

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 2014-01-21 11:08:32 page 8 of 8



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Type: ORDER FOR ARRAIGNMENT


So Ordered



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STATE OF IOWA,

Plaintiff,

v.VALERIE LOUISE KUHLERS,

Defendant.

CASE N . FECR!"#$%$

ORDER ISSUIN& ARRESTWARRANT, SETTIN& ARRAI&N'ENT AND (OND

T)e TRIAL INFOR'ATION and t)e 'INUTES OF EVIDENCE in t)i* +atte)ave -een e a+ined and f /nd t 0 ntain */ffi0ient eviden0e, if /ne 1lained, t2a ant a 0 nvi0ti n in a t ial -3 4/ 3, t)e ef e, t)i* +atte *)all -e *et f

A ai5n+ent.

IT IS ORDERED t)at t)e Cle 6 f C / t *)all i**/e a 2a ant f defendant7*a e*t.

IT IS FURTHER ORDERED t)at t)e Cle 6 f C / t *)all *et defendant7*a ai5n+ent f 89!! a.+. Fe- /a 3 "!, #!"$, at t)e Sa0 C /nt3 C / t) /*e.



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Type: ORDER FOR ARRAIGNMENT


So Ordered



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Plaintiff,

MOTION FOR BONDv. REDUCTION


Defendant.

COMES NOW the defendant and for her Motion states to the Court as follows:

1. The defendant is currently incarcerated on a bond totalling $105,000.

2. The defendant is a 56 year old lady with no significant criminal history. She has ties

to the community including a spouse, children and grandchildren, such that she is not a

flight risk.

3. The defendant has no resources to post bond. She is unemployed and has some

medical problems that is currently preventing her from working other than occasional

babysitting.

4. The defendant was arraigned in case number FECR012390 on August 27, 2013.

This case is somewhat related to the case at bar. The defendant has been released on

her own recognizance since that time.

5. Additionally the defendant was charged with theft in the first degree in the case at

bar and on or about December 18, 2013 appeared on that charge and again was

released on her own recognizance. Nothing has changed in the meantime to warrant

the substantial increase in bond as ordered by the Court. With her life long ties to the

community and her prior record, the defendant is not a flight risk or at risk to be a repeat

offender. There is no risk to the community.



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6. Since August of 2013, the defendant has voluntarily been attending substance abuse

counseling and these records can be provided to the Court at any hearing. The

Defendant's participation has been "excellent" and her insight has been "excellent".

7. For the above reasons it is appropriate that the defendant be released on her own

recognizance. Defendant requests that the Court enter the proposed Order immediately

or in the alternative this matter be set and heard on the next available court date.

8. The undersigned has consulted with the Sac County attorney, Ben Smith and he

agrees to the above request and to an Order being entered to release defendant

immediately on her own recognizance.

WHEREFORE defendant prays as set forth above.

John P. Loughlin #AT0004856LOUGHLIN LAW FIRM

231 West Maple StreetCherokee, IA 51012(712) 225-2514(712) 225-2515 (fax)

ATTORNEY FOR DEFENDANT



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Plaintiff,

ORDER.

!A"ERIE "OUISE #UH"ERS,

D$f$n%ant.

AND NOW on t&i' ($)*la( %a+ of t&$ fo($)oin) Di't(i t Co*(t t&$ -att$( of t&$

%$f$n%ant otion fo( /on% R$%* tion i' $fo($ t&$ Co*(t. T&$ Co*(t fin%' t&at it &a'

*(i'%i tion o $( t&$ a(ti$' an% t&$ '* $ t -att$(. In ($ i$3 of t&$ otion an%

'tat$-$nt' -a%$ + t&$ a(ti$', t&$ Co*(t fin%' t&at t&$ %$f$n%ant i' not a (i' to t&$

o--*nit+ no( a fli)&t (i' . T&$ Co*(t f*(t&$( fin%' t&at t&$ a(ti$' a)($$ to a ($%* tion

in on%.

IT IS THEREFORE ORDERED t&at t&$ %$f$n%ant '&all $ ($l$a'$% i--$%iat$l+

f(o- ail on &$( o3n ($ o)ni5an $.

IT IS FURTHER ORDER t&at t&$ Cl$( i--$%iat$l+ (o i%$ t&$ ail 3it& a o +of t&i' O(%$( + fa 'i-il$ fo( ($l$a'$ of t&$ %$f$n%ant.



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E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs. VALERIE LOUISE KUHLERS ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onFebruary 19, 2014.

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

3. Defendant waives the right to speedy trial.

4. Defendant is represented by John Loughlin. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on April 8, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 03/24/2014at 09:00 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 maydepose 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 ATTORNEYJOHN P LOUGHLIN

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State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-02-24 11:48:32

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STATE OF IOWA,

Plaintiff,

v.


Defendant.

N !. FECR"#$%&%, FECR"#$'("

ORDER SETTIN) PLEA HEARIN)

T*i! +a!e +a e -ef e t*e C / t n t*e 0a tie! e1/e!t f an de !ettin2t*e atte f a 0lea *ea in2. T*e C / t, afte evie3in2 t*e e+ d and -ein2advi!ed in t*e 0 e i!e! FINDS and ORDERS a 0lea *ea in2 in t*i! atte !*all-e and i! !+*ed/led f A0 il $#, $"#%, at #"4"" a. ., in t*e + / t at t*e Sa+C /nt5 C / t* /!e, Sa+ Cit5, I 3a 6"67'.

IT IS FURTHER ORDERED if t*e defendant fail! t 0e ! nall5 a00ea -ef et*i! C / t at t*e a- ve8!+*ed/led date and ti e, a -en+* 3a ant a5 i!!/e fdefendant9! a e!t.

E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING HEARING


FECR012390 ST. VS. VALERIE L. KUHLERS

So Ordered


E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.


O R D E R

Date of Hearing: April 21, 2014

Charge: Forgery and Possession With Intent to Deliver Less Than 5 Grams of

Methamphetamine, in violation of Iowa Code Section(s) 715A.2 and 124.401(c)(6).

1. The Defendant was present with counsel, John Loughlin. The State of Iowawas represented by Ben Smith.

2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of

guilty to the above-described charge(s).

3. The conditions of Defendant's release, as previously established, shall remain

in effect pending sentencing.

4. The Court advised the Defendant of her right to file a motion in arrest of

judgment, pursuant to IRCrP 2.24(3), to preserve her right of appeal to the Iowa

Supreme Court based on any defect in the guilty plea proceeding.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

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E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT


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1. A Sentencing Hearing is scheduled on 07/14/2014 at 10:30 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear

for this hearing.

2. The Department of Correctional Services shall prepare and file a presentence

investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa

Code Chapter 901. The clerk of court shall furnish to the Department of Correctional

Services a copy of the Trial Information and Minutes of Testimony.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

JOHN P LOUGHLIN

DEPARTMENT OF CORRECTIONAL SERVICES

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State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: OTHER ORDER

So Ordered


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STATE OF IOWA,

Plaintiff,


Defendant.


O R D E R

Date of Hearing: April 21, 2014

Charge: Forgery and Possession With Intent to Deliver Less Than 5 Grams of

Methamphetamine, in violation of Iowa Code Section(s) 715A.2 and 124.401(c)(6).

1. The Defendant was present with counsel, John Loughlin. The State of Iowawas represented by Ben Smith.

2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of

guilty to the above-described charge(s).

3. The conditions of Defendant's release, as previously established, shall remain

in effect pending sentencing.

4. The Court advised the Defendant of her right to file a motion in arrest of

judgment, pursuant to IRCrP 2.24(3), to preserve her right of appeal to the Iowa

Supreme Court based on any defect in the guilty plea proceeding.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

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1. A Sentencing Hearing is scheduled on 07/14/2014 at 10:30 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear

for this hearing.

2. The Department of Correctional Services shall prepare and file a presentence

investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa

Code Chapter 901. The clerk of court shall furnish to the Department of Correctional

Services a copy of the Trial Information and Minutes of Testimony.


SAC COUNTY ATTORNEY

JOHN P LOUGHLIN

DEPARTMENT OF CORRECTIONAL SERVICES

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So Ordered


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2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,


Defendant.


COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: John LoughlinOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Michelle Phillips, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):

1. The type of proceeding that was reported: Pleas 2. The date(s) on which the proceeding occurred: April 21, 2014 3. The name of the court reporter who reported the proceeding: Michelle Phillips 4. The name of the judge who presided over the proceeding: Bice 5. The reporting fee for the proceeding: $40 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.

/s/ Michelle Phillips ___________________________________ District Court Reporter

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State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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STATE OF IOWA, CASE NOs. FECR012474, FECR012390Plain i!!,

"s. ORDER RESCHEDU#IN$ HEARIN$

%A#ERIE #OUISE &UH#ERS,D'!'n(an .

IT IS HERE)Y ORDERED *a *' s'n 'n+in *'a-in s*all ' an( is s+*'(/l'( ! - 10 00 a. .

n A/ /s 2 , 2014, a *' Sa+ C /n C /- * /s', 100 NW S a ' S -'' , Sa+ Ci , I 5a.

E-FILED 2014 JUL 29 1:50 PM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered


E-FILED 2014 JUL 29 1:50 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, * CRIMINAL NO. FECR012390Plaintiff, * FECR012474

**v * MOTION TO CONTINUE

* SENTENCING *

VALERIE LOUISE KUHLERS, *Defendant. *

COMES NOW the Defendant, Valerie Kuhlers, and for her Motion states to the

Court as follows:

1. This matter is currently set for August 25, 2014.2. As part of the plea agreement entered, this defendant and a co-defendant were to

serve 90 days in the county jail. They are serving these terms consecutively so each

can financially support the other. It was contemplated that the sentencing would not be

until after these two terms were complete as co-defendant Ron Kuhlers has

employment which requires a CDL, which he will lose following sentencing.

3. The undersigned has consulted with the Sac County Attorney who has no objection

to a continuance of the sentencing in this matter to late October 2014.

WHEREFORE, the defendant prays as set forth above.

/s/ John P. Loughlin

John P. Loughlin #AT0004856LOUGHLIN LAW FIRM231 West Maple StreetCherokee, IA 51012(712) 225-2514(712) 225-2515 (fax)

ATTORNEY FOR DEFENDANT

E-FILED 2014 AUG 05 11:06 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,

PLAINTIFF/PETITIONER,


DEFENDANT/RESPONDENT.

Case No: 02811 FECR012474

ORDER CONTINUING HEARING

The Court continues the matter currently scheduled. Sentencing has been set for October 27,2014. This date is not a regularly scheduled court service day. The matter is rescheduled as follows:

A Sentencing Hearing is scheduled on 11/03/2014 at 2:00 PM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:Attorneys of record andparties appearing pro se.

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E-FILED 2014 OCT 23 12:09 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: ORDER SETTING HEARING

So Ordered


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2RCR01


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


O R D E R

The media coordinator is given notice of a request for expanded media coverage. The

Court hereby authorizes said request.


SAC COUNTY ATTORNEY

JOHN P LOUGHLIN

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So Ordered


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2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs. VALERIE L KUHLERS

Defendant.


COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: John LoughlinOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Renaye Lindgren, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):

1. The type of proceeding that was reported: Sentencings 2. The date(s) on which the proceeding occurred: November 3, 2014 3. The name of the court reporter who reported the proceeding: Renaye Lindgren 4. The name of the judge who presided over the proceeding: William Ostlund 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.

/s/ Renaye Lindgren ___________________________________ District Court Reporter These notes were electronically filed.

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E-FILED 2014 NOV 03 2:43 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.

VALERIE L. KUHLERS,

Defen ant.

Case N!. FECRO"#$%& An FECR&"#'('

DEFERRAL OFJUDGMENT & SENTENCE

T)e efen ant a**ea+s *e+s!nall an -it) !/nsel, 0!)n P L!/1)lin, f!+ senten in1.

T)e State a**ea+s 2 Sa C!/nt Att!+ne , 3en S4it).

T)e C!/+t +e eive t)e *+esenten e investi1ati!n. Defen ant5s !/nsel 4a e a +e !+

!n e+nin1 t)e PSI. T)e C!/+t als! +e eive evi en e an a+1/4ents !f t)e *a+ties, an t)eDefen ant is 1iven an !**!+t/nit t! *+!vi e a state4ent. T)e *a+ties in i ate n! le1al a/se

-) t)e C!/+t s)!/l n!t *+! ee .

T)e C!/+t 4a e fin in1s as 4!+e f/ll set !/t !n t)e ve+2ati4 +e !+ ta6en )e+ein.

IT IS ACCORDIN7LY ORDERED as f!ll!-s8

". Judgment. 0/ 14ent is efe++e !n t)e )a+1e !f P!ssessi!n -it) Intent t! Delive+

a C!nt+!lle S/2stan e, t! -it8 Less t)an 9 1+a4s !f 4et)a4*)eta4ine, in vi!lati!n !f I!-a

C! e : "#'.'&";"


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'. DNA P" $iling. T)e Defen ant s)all s/24it a *) si al s*e i4en f!+ DNA *+!filin1,

*/+s/ant t! I!-a C! e :: B".# an %&".9;BA


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Type: OTHER ORDER



So Ordered



fecr012474 - sac city woman gets deferred judgment on possession.pdf

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