odebolt man pleads guilty to witness tampering and stalking

7/27/2019 Odebolt Man Pleads Guilty to Witness Tampering and Stalking

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E-FILED 2013 JUL 08 2:49 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS CODY ANTHONY DUPRE

Defendant

02811 AGCR012356

ORDER

Law Enforcement is requesting a warrant. Good reason exists for the warrant based on facts stated inthe complaint. Clerk to issue.

Copy Provided to Defendant

Copy Provided to Plaintiff

1 of 2

E-FILED 2013 JUL 09 10:51 AM SAC - CLERK OF DISTRICT COURT



State of Iowa Courts

Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-07-09 10:51:13

2 of 2




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

Plaintiff,

vs.

CODY ANTHONY DUPRE ,Defendant.

Case No: 02811 AGCR012356

INITIAL APPEARANCE

Charges:01 - 720.4 - TAMPERING W/WITNESS OR JUROR - 1978 (AGMS)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

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

One Year County Jail

2 Years Prison

And/Or $Not less than $625 nor greater than a $6,250 fine plus 35% surcharge and courtcosts

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

1 of 3




5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

Defendant shall be held pending his posting of a $2,000 cash only bond for both this charge and theaccompanying charge of Harrassment in the Second Degree.

6. 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 of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 07/26/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES

WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

2 of 3






Type: HEARING FOR INITIAL APPEARANCE

So Ordered


3 of 3




DISTRICT COURT Of IOSAC COUNTY

FILED

2013 JUL 16 PM 12: 31

IN T H E I O W A DISTRICT C O U R T F O R Sac • C O U N T Y

S T A T E O F I O W A or . • . ) Criminal Civil

PlamtiflTPetMoner, JN o

S R C ^ f ^ ^ f r f t * ftfeC^Q

Defejiidaiit/RespondentS-' )

)

) F I N A N C I A L A F F I DA V I T / A PPL 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 fo r appointment of counsel, and under penalty of perjury, the undersigned states:

Name: / C a f f y O l l P ^ " BirthPate: Q

Home Phone: ' ' • Cell Phone: ^ ^ Q ' ^ H h 6 E-mail: .

Street Address:

Street/P.O.Box Apt# City State Zip

Pending charges: V \ - f t ; r t > & £ m p ft*r T ^ / l f o r ' . V ^ Vi )) 113"t4-r\<^R ft In Jail? H^Yes ONo

Do you have a job? • N o Job ^ Y e s , Full Time • Yes , Part Time (List Hours/week: )

Whodovouworkfbr? P Q . { C J S O AC

Q T * <• f ' O A

Ho w muchmoney do you currently make before taxes or deductions? i •. per • hour • month • year

Ho w much money have you made in the last 12 months from any source, before taxes or deductions? . i "7 ' \

How many family members are supported by or live withyou? _

/ )

If a spouse lives with you, how muchmoney does your spouse make? . b / ' per • hour • month • year

A ,List al l other money you, or anyone else living in your household, has coming in: j ) .

List what you own mcluding money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: f,-, -r n i

List amounts yo u pay monthly fo r mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be

required to sign a wage assignment, and I must report any changes in the information submitted on this

financial affidavit I promise under penalty of perjury that the statements I make in this application are true

and that I am unable to pay fo r an attorney to represent me.

Date Signature

Rev. 1/6/12




STATE OF IOWA,

PLAINTIFF, VS. CODY ANTHONY DUPRE ,

DEFENDANT.

02811 AGCR012356

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.

1 of 2






Type: ORDER APPOINTING

So Ordered


2 of 2





THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.AGCR12356

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

CODY ANTHONY DUPRE )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on

behalf of the above-named defendant and on behalf of the defendant, waives preliminary

hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney





STATE OF IOWA

Plaintiff

VS CODY ANTHONY DUPRE

Defendant

02811 AGCR012356

ORDER

The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m.Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to themagistrate.

1 of 2






Type: OTHER ORDER

So Ordered


2 of 2




IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

CODY ANTHONY DUPRE,

DOB: 09 / 25/ 1990

Defendant.

Case No. AGCR012356

TRIAL INFORMATION

COUNT 1

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses Cody Dupre

(“defendant”), of the crime of WITNESS TAMPERING, an Aggravated Misdemeanor

in violation of Iowa Code section 720.4, committed as follows: On July 7, 2013,

defendant drove by at 304 Sherwood Street, Wall Lake, Iowa (Sac County), and

yelled profanities out of the car window toward 304 Sherwood and / or aided Josh

Skirvin in doing the same, and that defendant did so without legitimate purpose, in a

manner likely to cause the residents of 304 Sherwood annoyance or harm and with

the specific intent to intimidate, annoy or alarm the residents at the above-mentioned

304 Sherwood residence and harassed said residents in retaliation for their reporting

of a crime perpetrated by defendant on or around June 29, 2013 (see Sac CountyCase No. SRCR012355). IOWA CODE §§ 708.7(1), 720.4, 703.1, 703.2 (2013)

COUNT 2

COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in

the name and by the authority of the State of Iowa, accuses Cody Dupre

(“defendant”), of the crime of STALKING, an Aggravated Misdemeanor in violation of

Iowa Code Section 708.11(2), 708.11(c) committed as follows: On or about July 7,

2013, the defendant engaged in a course of conduct directed at Billy Hutchinson that

would cause a reasonable person to fear bodily injury to, or the death of Billy

Hutchinson. The defendant knew or should have known that Billy Hutchinson would

be placed in reasonable fear of bodily injury or death to Billy Hutchinson or a

member of his immediate family. The defendant’s course of conduct caused Billy

Hutchinson to fear bodily injury or death to himself or a member of his immediate

family. IOWA CODE § 708.11(2), 703.1, 703.2 (2013)



A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse

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




Type: Approval of Trial Information

Case Number Case Title

AGCR012356 STATE VS CODY ANTHONY DUPRE

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-07-26 09:16:33 page 3 of 3





STATE OF IOWA,

Plaintiff,

v.

CODY DUPRE,

Defendant.

Case No. AGCR012356

ORDER SETTING ARRAIGNMENT

AND BOND HEARING

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to

warrant a conviction in a trial by jury, therefore, this matter shall be set for

Arraignment.

IT IS ORDERED that the Defendant shall personally appear for Arraignment at

the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th

day of

August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will

result in the issuance of an arrest warrant.

IT IS FURTHER ORDERED, the Defendant’s bond previously set shall continue

and that a bond review hearing shall be and is set for July 30, 2013, at __:__ __.m.

in the District Courtroom at the Sac County Courthouse, Sac City, IA 50583.





Type: ORDER FOR ARRAIGNMENT



So Ordered





STATE OF IOWA,

Plaintiff,

v.

CODY ANTHONY DUPRE,

Defendant.

Case No. AGCR012356

FECR012340

SRCR012355

ORDER ON BOND REVIEW HEARING

This matter came before the Court for a bond review hearing. The Court, upon

reviewing the record and being advised in the premises FINDS and ORDERS

defendant’s bond is set at $2,000.00, cash or surety.

IT IS FURTHER ORDERED that if defendant is released on bond, the defendant

shall abide by the following terms and conditions of release.

1. The defendant shall have no contact (personal or otherwise), either directly or

indirectly, with any of the named-witnesses or alleged victims in FECR012340,

AGCR012356, and SRCR012355. The County Attorney shall prepare a secure

attachment to this order listing the names and addresses of the protected witnesses

and victims in each of the aforementioned cases.

2. The defendant shall been inside his residence between and including the

hours of 10:00 pm CST until 5:00 a.m. CST.

3. The defendant shall not consume any alcohol.

4. The defendant shall not have any further violations of the law.

5. Once filed, the Clerk shall take a paper copy to the Sac County Jail with

instructions that it be given to defendant prior to his release.





Type: OTHER ORDER



SRCR012355 STATE VS CODY ANTHONY DUPREFECR012340 STATE VS CODY ANTHONY DUPRE

So Ordered





E-FILED 2013 AUG 12 2:03 PM SAC - CLERK OF DISTRICT COURT



2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. CODY ANTHONY DUPRE ,

DEFENDANT.

Case No. 02811 AGCR012356

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013.

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

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Mr. Charles Schulte.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

1 of 2






Type: ORDER SETTING TRIAL

So Ordered


2 of 2




2RCR02


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013.

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

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Mr. Charles Schulte.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

1 of 2






Type: ORDER SETTING TRIAL

So Ordered


2 of 2





STATE OF IOWA, No: AGCR012356

Plaintiff,

vs. ORDER SETTING DATE

CODY ANTHONY DUPRE,

FOR PRETRIAL CONFERENCE

Defendant.

IT IS THE ORDER OF THIS COURT:

1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 9:00 a.m. on

the 24th

day of September 2013, at the Sac County Courthouse, Sac City,

Iowa, to consider:

a. Possibility of settlement

b. Time for trial; and

c. Matters to expedite the trial.

2. Cases which are going to be settled if at all possible at or before the pretrial so

that the trial assignment will not be clogged with cases which are not going to

be tried.

3. Defendant shall personally appear.

4. If the Pre-Trial Conference time does not work for defense counsel, contact the

County Attorney for another time.

Original filed EDMS,

Copies by EDMS to: Benjamin John Smith, Sac County Attorney

Charles Schulte, Defendant’s Attorney

E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT




Type: ORDER FOR PRETRIAL CONFERENCE



So Ordered


E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT



Date: 09/18/2013IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. agcr012356

vs.

Cody Anthony Dupre

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to usephotographic equipment(__X__), television cameras (__X__) or electronic soundrecording equipment (__X__) in courtroom coverage in the

above proceeding.

2. This filing is for all pre-trial motions, plea-taking,trial and sentencing.

3. The request(s) for expanded media coverage are described

as follows: Two video cameras, tripods, videographers; audioaccessibility; two photographers with up to two still camerasand two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage isfiled at least 14 days in advance of the proceedings for

which expanded media coverage is being requested or grounds

for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed tothe last known address of all counsel of record, partiesappearing without counsel, the district court administrator

for this judicial district, and the judicial officer expectedto preside at the trial or proceedings for which expanded media coverage has been requested, as follows:

E-FILED 2013 SEP 18 4:51 PM SAC - CLERK OF DISTRICT COURT



ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Charles Schulte 421 Main StreetSac City, IA 50583

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE: Joseph J. Heidenreich

CLERK OF COURT: Donna Gerry

WHEREFORE, the undersigned media coordinator gives notice ofrequest(s) for expanded media coverage as aforesaid.

Signature_/S/ Jesse Helling________________________ Date_9/18/13_______________________

Jesse Helling

Media Coordinator, Region 4Third Judicial District of Iowa Address: Fort Dodge Messenger713 Central Ave.

Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529

E-FILED 2013 SEP 18 4:51 PM SAC - CLERK OF DISTRICT COURT



2RCR15


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


O R D E R

The media coordinator has filed a Request for Expanded Media Coverage.

If either the State or the Defendant has any objection to this request, they should file

a document so indicating on or before October 1, 2013. If any objection is filed on

or before October 1, 2013, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before October 1, 2013, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

MEDIA COORDINATOR

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E-FILED 2013 SEP 23 9:53 AM SAC - CLERK OF DISTRICT COURT





Type: OTHER ORDER

So Ordered


2 of 2

E-FILED 2013 SEP 23 9:53 AM SAC - CLERK OF DISTRICT COURT



IN THE OWADISTRICTCOURT N AND FORSACCOLINTYSTATEOF OWA,

Plaintiti

Vs.

CODYANTHONYDUPRE,DOB: 09/2511990,Defendant.

No. AGCR0I2356

GUILTY PLEA-Count andCount I

B ,

COUNT

I, theundersig'ed efendant,avecarefullyeadand ullyunderstandhe ollowing:

A. For count I, I am chargedwith wlrNESS TAMPERING, an Aggravated isdemeanor,nviolation f lowacodc Section 20..1. now requesthatmy pleaof no t guiltybe changedo aPlea f Guilty o Count .

C.

The above-statedoffense is an Aggravated Misdemeanorwhich carries a maximum penalty ofrmpnsonmentot to excecd wo (2) yearsand a $6,250 ine,plus statutory urcharges; fi_ulherunderstandhat the minimum ine is $625plusa surcharge f 35%; and that I may be requ ired omake estitution f pecuniary amageso any victimof this crime andof court appointed ttomeyfees, f any,andpay he courtcosts. In addition, f the charges a violationofCode chapters124,155A ,4538 ,713 ,714 ,715A ,716 ,r IowaCodeSec t ions19.8 ,725.1725 .2 , r 725 .3 .he resanadditionalsurchargeof $125. In addition, I may be required to pay corectional fees forncarceration nd enrollment ees br supervised robation. I haveLkewisebeen nfbrmedof al lothersentencingptions hat n.ray e availableo theCouft, ncluding ut not limited o the6eferralofJudgment nd Sentcnce,hegrantofprobationand hesuspcnsionf sentencemposed.

I understandhat a cruninalconviction,defcned udgmentor deferredsentence nayaflect my statusunder bderal rnmigrationaws.

lf I pleadnot guilty, would be entitled o thc tbllowing ights. I giveup these ightsby pleadinggurlty:

(l). The right o a speedy ndpublic rial by ajury of twelvepeople.(2). The right to havean attorney epresentme at trial and, f the Court found I was unable oaffordanattorncy, hecourt would,at publicexpense, ppoint n attorneyo represent e.(3). At trial, I would be presumednnocent ntil such ime, f ever, he Statcestablisheclv cuilt

beyond reasonableoubt.(4). At trial,a ury verdictof guiltywould have o be unanimous.(5). At trial, I would have he privilegeagatrstsellurcrimination,hat is, I cannotbe forced otestily,and fI choose ot to testily, he Statcmaynot comment n the act ofmy failure o testifzand,at my request, would be entitled o a ury instruction tating hat the ury couldnot inlerguilttom my failure o testily.(6). At trial, he Statewould have o confrontme with rvitnessespon whose estimonyt relied oobtain onvictton, nd would have he right o crossexaminehosewitnesses.

D.

E-FILED 2013 OCT 14 4:25 PM SAC - CLERK OF DISTRICT COURT



F.

E.

(7). At trial, I would be entitled o presentwitnesseso testiryon my behalfand to compulsory

processo securehosewitnesses.

By pleading uilty, herewill not be a trial of any kind. By pleading uilty, waivemy right o trial,

and will be treatedas f I had been ried and foundguilty by a ury.

The Court, in determiningwhether there s a factual basis or this plea of guilty, may make such a

determination by examining the Murutes of Testimony attached to the Trial Information, by

reviewing he investigative eports of law enforcement gentswho have nvestigatedhe offense,or

by askingme or counselo reciteandsummarizehe material acts hatwould be ofleredat trial.

The Court has he discretion o acceptor reject anypleaagreementmadebetween he Stateand

myself The plea agreement s: I lvill Dleadguilty to Count I as charged. The recommended

sentence ill be to the custodv of the Director of the lowa Department of Cor rections or an

of mv serving sixty (60) davs in the Sac Countv Jail. I will be placedon probation to the 2""

Judicial District Department of CorrectionalServicesor a period of two vears. I understandthat I will be given credit fo r iail time previouslyserved. hat I will be eligible for the Sac

Countv Jail Work ReleaseProgram, and that I will start serving the iail sentenceon

November 25. 2013 at 8:00 a.m. The iail sentencewill run concurrentlv with the iail

sentence rdered n Count ll. and rvill also un concurrentlywith anv iail sentence rdered n

Sac Countv District Court case SRCR0I2355 and iail time ordered in the contempt/

revocationproceedins n Sac Countv District Court case#FECR0|2240. The Countv

Attornev will recommend hat the fine in the amount of $625.00be suspended. I rvill pav

court costsand court apnointed attornev feesl o be paid as ordered bv the court. Anv no

contact order previously ssued n this matter shall remain in effect for the length of mvprobat ion,

This pleaagreementncludes hat I will be responsiblc o pay court costs,pa),rnent f all costs

and ees ncurred or legalassistance,ictim restitution, onection ail) fee or anyjail time and all

surchargesndmandatory unishmentsseeparagraph ) applicableo my case.

I now state o the Court that I am, n t-actGUILTY and hatno tllreatsor promises avebeen

made o induceme to en termy pleaof guilty. I havebeen nfbrmed hat the elements f the crime

are:

alarm. or improDerlv nfluence hem. I understandhe natureofthe charge gainstme.

G. This offense vas committed by me in SacCounty lowa by my doing the following: I did onf the car

Street n Wall Lake. and/or aided Josh Skirvin in doine the same.and I did so with the intent

to intimidate. annoy or alarm. or improperly influence the residentsat 304 Shenvood n

retaliation or their reportins of a crime perDetrated v mvselfon or about June 29. 2013.

I hereby tate hat I submit his writtenpleaof guiltywith full knowledge nd waiverof rnyrights

and I do so lieely and voluntarily. No threatshavebeenmadeagaurstme to obtain his gurlty plea. No

promises f leniency r tbvorable reatment avebeenmade,except or any pleabargain isclosedo

the Coufi at the ime of thisquiltvplea.




COUNT II

I, the undersignedDefbndant,havc carefully eadand fully understand he following:

H. For Count I, I am chargedwith STALKING' an AggravatedMisdemeanor,n violationof IowaCodeSection 08.1l(2) andSection 08.1 (c). I now requesthat my pleaofnot guiltybe changed

to a Pleaof Guilty o Count I.

I. The above-statedoflbnse is an Aggravatcd Misdemeanorwhich carries a maximum penalty of

imprisonmentnot to exceed wo (2) years and a $6,250 fine, plus statutory surcharges; further

understandhat the mmimum ine is $625plusa surcharge f 35%; and hat I maybe required o

make estitution f pecuniary amageso any victim of this crime and of court appourted ttomeyfees, f any,andpay he court costs. In addition, f the chargc s a violationofCode Chapters 24,

155A. ,538 ,713 ,714 ,7151 ' , 716 ,r owaCodeSec t ions19 .8 ,725 .1 ,725 .2 ,r 725 .3 ,he resan

additionalsurchargeof $125. ln addition, I may be required to pay conectional fees for

incarcerationand enrollment fees for supervisedprobation. I have likewise been nformedof all

other sentencing ptions that may be available o the Courl, includingbut not limited to the delerral

ofJudgment nd Sentence,he grantofprobationand he suspensionfsentencemposed.

J. I understandhat a criminal onviction, efenedudgment r defenedsentence ay affectmy status

under ederal mmigration aws.

K. If I pleadno t guilty, would be entitled o the following ights. I giveup these ightsby pleadingguilty:

(l). The right o a speedy ndpublic rial by a ury of twelvepeople.

(2). The right to have an attorney epresentme at trial and, f the Court found I was unable o

affordan attoniey, he Courl would, at publicexpense, ppoint n attorney o represent e.(3). At trial, I would be presumed nnocent until such ime, if ever, the State establishedmy guilt

beyond reasonableoubt.(4). At triat,a ury vcrdictof guiltywould have o be unammous.(5). At trial, i would have the privilege againstseliurcrimination, that is, I cannot be lorced to

testify,and f I choose ot to testify, he Statemay not comment n the fact of my failure o testify

and, at my request, would be entitled o a ury instructionstating hat the ury could not infer guilt

from my failure o testify.

(6), At trial, he Statewould have o confrontme with witnesses pon whose estimonyt relied o

obtain onviction, nd would have he right o crossexaminehosewitnesses.(7). At trial, I would be cntitled o presentwitnesseso testify on my behalfand to compulsoryprocesso securehoscwitnesses.

L. By pleadingguilty, there will not be a trial of any kind. By pleadingguilty, I waive my right to trial,

and will be treatedas f I hadbeen ried and fbundguilty by a ury.




M. The Court, in determiningwhether there s a factual basis or this plea of guilty, may make such adeterminationby examrrurg the Minutes of Testimony attached to the Trial Information, byreviewing he investigative eportsof law enforcement gentswho have nvestigated he offense,orby askingme or counsel o recite and summarize he material acts hat would be offered at trial.

The Court has he discretion o acceptor reject anypleaagreementmadebetween he State andniyself The plea agreement s: I will plead suilty to Count II as charsed. The recommended

sentence ill be to the custodvof the Director of the lowa Deoartment of Corrections or an

Jail. I wi

Judicial District Denartment of Correctional Senices or a period of two vears. I understandthat I will be given credit for iail time nreviouslv served. hat I will be eligible for the SacCountv Jail Work ReleaseProgram. and that I will start serving the iail sentenceonNovember25. 2013 at 8:00 a.m. The iai l sentence i l l run concurrent lywith the iai lsentence rdered n Count l. and will also run concurrentlv with anv iail sentence rdered nSac County District Court case SRCR0I2355 and iail time ordered in the

contempt/revocation roceedine n Sac Countv District Court case#FECRO12240. TheCounty Attornev will recommend hat the fine in the amount of $625.00be suspended. willpav coutt costsand court apnointed attornev fees: o be paid as ordered bv the court. Anyno contact order nreviouslv ssued n this matter shall remain in effect for the lenqth of mvprobation.

This pleaagreement ncludes hat I ivill be responsible o pay court costs,payrnentof all costsand ees ncurred or legalassistance,ictim estitution, orection (ail) fee or any ai l time andal lsurchargesndmandatory unishmentssee aragraph ) applicableo my case.

I now state o the Court that I am, n fact GUILTY and hat no threatsor promises avebeenmade o induceme to entermy pleaof guilty. I havebeen nformed hat the elements f the crime

are: Defendant ngagedn a courscofconduct hatwould cause reasonableerson o fearbodily

injury o. or the deathof suchpersonor a memberof his/her mmediate amilv. I understandhenature fthe charge sainstme.

N. This offensewas committed by me in Sac County lowa by my doing the following: I did onor about the 7'" day of July 2013.ensage n a courseof conductdirected at Billv Hutchinsonthat causedMr. Hutchinson to fear bodilv iniury or death to himself. and I knew or shouldhave known, that mv actions placed reasonable ear of bodilv iniurv or death to Mr.Hutchinsonor a member of his immediate amily.

I herebystate hat I submit this written pleaof guilty with full knowledgeand waiver of my rights

and I do so freely and voluntarily. No threatshave beenmadeagainstme to obtain his guilty plea. Nopromisesof leniencyor favorable reatmenthave been made, except for any plea bargaindisclosed o

the Coufi at the ime of thisguilty plea.

O. If theCourt acceptsmy pleas f guilty, realizc:(l). The Court will set a sentencng atenot lcss han iftccndaysafter he dateof it s acceptancef

this guilty pleaunless waive this right. In order to contest his pleaof guilty, I must file a Motion




in Arrest of Judgmentat least ive daysprior to sentencrng.The right to file a Motion in Arrest of

Judgmentwill be waivedby having he Court imposea sentenceoday.

(2). lfthe Court mposes sentenceoday, will neverbe able o challengehispleaofguilty, andwill begiving up my right to directlyappealn.ryguilty plea.

I ask he Courl to accept hispleaof guilty o Count and Count I. I waive he precedingightsand my right to have he Court addressme personally.

WAIVER OF MOTTON IN ARREST OF JUDGMENT

lfthe Court acceptsmy pleas f guilty, wish o be sentencedow. I understand:

1. In order o contest hispleaof guilty, must ile a Motion n Arrestof Judgment o later han45daysaftera pleaof guiltyandno later han5 daysprior to pronouncementfjudgment,and hatthe Court will set a sentencing ate not less han fifteendays after the date of its acceptance fthisguilty pleaunless waive his right,and he right o file a Motion in Arrestof Judgment i ll

be waivedby having he Court imposea sentence ow.

2. By having he Court imposemy sentence ow, I will neverbe able o challengehi s plea ofguiltyand will be givingup my right o directlyappealmy guiltyplea.

I hereby equest he Court sentenceme now and I waive any time to which l may be entitled forsentencing t a later date.

WAIVER OF RIGHT TO BE PRESENT

I have been fully advised hat I havea constitutional ight to be presentat my sentencing ndpresent vidence my own behalf. I understandhat t is my choice o be present r not, and hatno

onecarr xclude e iom sentencng.With the above n rnind,and further understandinghat my decisionwhether o be presentor not

is my own decision, herebyknowurgly and voluntarily warve he right to at my sentencurg.

STATEOt'IOWA

SACCOUNTY

on nt, 4 auv rpersonallypp""iJ

SS

, 2 0 I ] , nre heundcrs igned.Not r r l Pub l i c n and or sa iL l t a te .

be the

identicalperson amed n and who executedhe

ofhis/hervoluntary ct and deed.

Public n and for theState florva

the same

'F---"gs




1


STATE OF IOWA, No. AGCR012356

Plaintiff,

vs. JUDGMENT ENTRY – AGGRAVATED MISDEMEANOR

Count I and Count IICODY ANTHONY DUPRE,

DOB: 09/25/1990,

Defendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State is

represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and

is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty

herein, which has been reviewed by this Court and is incorporated herein by this

reference, knows of no legal cause why judgment should not now be entered, and noneappears upon the record. Where upon, the Court finds that the plea of guilty was entered

into voluntarily and that Defendant understood his rights which he is waiving, including

the right to a trial by jury, the right to call witnesses on his behalf, the right to confront

and cross examine witnesses, and other rights. The Court finds that the Defendant

established a factual basis for the plea of guilty. The Court, therefore, accepts

Defendant’s plea of Guilty and finds that Defendant is guilty of the crime WITNESS

TAMPERING, an Aggravated Misdemeanor, in violation of Iowa Code Section 720.4.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE

COURT, pursuant to Sections 720.4, 901.5, and 903.1, of the Code of Iowa, that

Defendant be sentenced to:

1. The custody of the Director of the Iowa Department of Corrections for an

indeterminate prison term of up to two (2) years, which all but sixty (60) days shall be

suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for

time served. Said jail sentence shall run concurrently with jail sentence ordered in Count

II of the above entitled matter; and any jail sentence ordered in Sac County District Court

case SRCR012355; and any jail sentence ordered in the contempt/revocation proceeding

in Sac County District Court case #FECR012240.

a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m.

b. Defendant is eligible for the Sac County Jail Work Release Program.

c. Defendant shall also be assessed the correctional fee charged by the Sac

County Sheriff’s Office of $55.00 per day.

d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on

November 25, 2013 as ordered, the Sac County Sheriff is ordered at his

convenience, to pick up Defendant to serve said jail time.

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT



2

2. Defendant is placed on probation to the Second Judicial District Department of

Correctional Services, for a period of time not to exceed two (2) years.

a. Defendant shall contact the Second Judicial District Department of

Correctional Services within five days of this judgment entry to commence probation and pay the required probation fee.

b. Defendant shall obey all Federal, State, and local laws and ordinances.

c. Defendant shall timely pay all amounts ordered by this Judgment.

3. The fine in the amount of $625.00 is hereby suspended.

4. Defendant shall keep the Clerk of Court notified as to any change in address until all

obligations of this case have been completed.

COUNT IIBE IT REMEMBERED that this matter came on for sentencing. The State is

represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and

is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty

herein, which has been reviewed by this Court and is incorporated herein by this

reference, knows of no legal cause why judgment should not now be entered, and none

appears upon the record. Where upon, the Court finds that the plea of guilty was entered

into voluntarily and that the Defendant understood his rights which he is waiving,

including the right to a trial by jury, the right to call witnesses on his behalf, the right to

confront and cross examine witnesses, and other rights. The Court finds that the

Defendant established a factual basis for the plea of guilty. The Court, therefore, accepts

the Defendant’s plea of Guilty and finds that Defendant is guilty of the crime

STALKING, an Aggravated Misdemeanor, in violation of Iowa Code Section 708.11(2)

and Section 708.11(c).

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE

COURT, pursuant to Sections 708.11(2), 708.11(c), 901.5, and 903.1, of the Code of

Iowa, that Defendant be sentenced to:

1. The custody of the Director of the Iowa Department of Corrections for an

indeterminate prison term of up to two (2) year, which all but sixty (60) days shall be

suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for time served. Said jail sentence shall run concurrently with jail sentence ordered in Count I

of the above entitled matter; and any jail sentence ordered in Sac County District Court

case SRCR012355; and any jail sentence ordered in the contempt/revocation proceeding

in Sac County District Court case #FECR012240.

a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m.

b. Defendant is eligible for the Sac County Jail Work Release Program.




3

c. Defendant shall also be assessed the correctional fee charged by the Sac

County Sheriff’s Office of $55.00 per day.

d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on

November 25, 2013 as ordered, the Sac County Sheriff is ordered at his

convenience, to pick up Defendant to serve said jail time.

2. Defendant is placed on probation to the Second Judicial District Department of

Correctional Services, for a period of time not to exceed two (2) years.

a. Defendant shall contact the Second Judicial District Department of

Correctional Services within five days of this judgment entry to commence

probation and pay the required probation fee.

b. Defendant shall obey all Federal, State, and local laws and ordinances.

c. Defendant shall timely pay all amounts ordered by this Judgment.

3. The fine in the amount of $625.00 is hereby suspended.

4. Defendant shall keep the Clerk of Court notified as to any change in address until all

obligations of this case have been completed.

IT IS FURTHER ORDERED Defendant shall pay the court costs herein and

the court costs of any action dismissed pursuant to the plea agreement herein; in the

amount of $120.00; to be paid as ordered by the court.

IT IS FURTHER ORDERED Defendant shall make restitution for his court

appointed attorney fees, in the amount of $438.00; to be paid as ordered by the court.

IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered

by this Judgment and all amounts ordered in Sac County District Court cases

SRCR012355 and FECR012340, by paying $100.00 per month to the Sac County

Clerk of Court with payments to begin on the 15th

day of the month following this

order, and shall continue on the 15th

day of each month until paid in full.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT

IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE

DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME.

Defendant is advised that if one payment is missed, the entire obligation

becomes immediately due.




4

IT IS FURTHER ORDERED that any no contact order previously issued in this

matter shall remain in full force and effect during Defendant’s probationary period.

Defendant having appeared and sentence being pronounced, IT IS

FURTHER ORDERED that any balance of appearance bond is released after

application to fine, surcharge, court costs, attorney fees, and restitution.

Defendant is advised of the right to appeal this judgment and sentence and of

the right to apply for appointment of appellate counsel and the furnishing of a transcript if

unable to pay the appeal costs. Defendant is also advised of the necessity to comply with

the statutory requirements in filing a notice of appeal. Defendant’s appeal bond is fixed

as $6500.00.

Original filed EDMS, copy to:

County Attorney

Defendant/Defense Counsel- Charles SchulteSac County Jail

DOC





Type: ORDER FOR JUDGMENT



So Ordered



odebolt man pleads guilty to witness tampering and stalking

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