E-FILED 2015 MAR 15 8:28 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAcQj lJ f l t j?J .COUK j Or |QW,

CUUNiy FILED

STATE OF IOWA, Plaintiff,

V5».

Defendant. 30*3 ?uP

©Defendant's Correct Address: \J\tu) T-A

Case N WHARI6 AM 8:59 ORDER ON INITIAL APPEARANCE

Charges:

Upon review ofthe complaint and accompanying affidavits, the court finds:

_ That there is not probable cause to believe that the defendant has committed the offense(s) listed above and the charge is dismissed.

Ip^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:

_ Simple Misdemeanor. This charge ordinarily carries a penalty of a fine of not less than $65 nor greater

than $625 and up to 30 days in jail, except in special cases where the minimum fine is $

_ 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 and first offense operating while intoxicated which carries a minimum fine of $1250. In these cases a defendant can be sentenced to up to one year in the county jail except for possession of marijuana which carries a maximum sentence of six months in jail. In the cases of confiction for possession of 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. Conviction of this offense will result in loss of your operators license for a period of

i and you cannot qualify for a work permit for ; days.

IplAggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greater than $6250 except in the case of a conviction for second offense operating while intoxicated which carries a minimum fine of $1875 and a maximum of $6250. In these cases a defendant can be sentenced to up to two years imprisonment. In the case of a conviction for operating while intoxicated, second offense, there is a minimum seven day jail sentence, and additionally, the defendant's driver's license shall be revoked for one year unless the revocation is for test refusal in which case the mandatory revocation shall be for two years.

E l Felony, Class D: This charge ordinarily carries a fine of not less than $750 nor greater than $7500 except in the case of third offense or greater operating while intoxicated which carries a minimum fine of $1875 and a maximum of $6250. Defendant may also be sentenced to an indeterminate sentence oup to five years in prison. In the case of a third offense operating while intoxicated there is a minimum 30 day jail sentence and a six year license suspension.

_0 Felony, Class C: This charge carries a fine of not less than $1000 or greater than $10,000. Additionally, a conviction carries an indefinite term of imprisonment not to exceed 10 years.

(H Felony, Class B: An indeterminate imprisonment not to exceed 25 years.

B Felony, Habitual Offender: An indeterminate term of imprisonment not to exceed 15 years.

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 proof beyond a reasonable doubt.

You have the right to be represented by an attorney and that one will be appointed for you if you qualify. You must fill out an application ifyou want court appointed counsel.

[_i MANDATORY SUBSTANCE ABUSE EVALUATION:

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at: NewOpportunites, Sac City, 712-662-7921 Compass Point, Storm Lake, 712-732-5136

or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State St., Ste. 12, Sac City, IA 50583.

YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL RELEASE.

TERMS OF RELEASE:

_ You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a D Felony/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 lowa and the United States.

0 Upon consideration of the factors in lowa Code section 811.2, the court is not reasonable assured that you will appear at all court proceedings in the future and therefore the court imposes the following conditions 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 lowa and the United States.

You must post a : bond in the ammount of $

S_JTie court determines that you pose a danger to public safety and therefore should be held without bond at this time.

DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN REQUEST.

PRELIMINARY HEARING lint/* " Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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:

B Waived

m M£ Preliminary Hearing is scheduled on ftfy/JL & at ' ° : 3 0 j AM • at the reliminary Hearing is scheduled on [fym.

30 ' Minutes • in the magistrate courtroom.

If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held.

IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE 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 lowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.

Copies to: County Attorney Defendant Sac County Sheriff

IE) The Court has provided a copy to the Defendant

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS CODY JAMES NOVOA DOMINO Defendant

02811 SMCR012797

ORDER

This matter comes before the court for bond review. Following a discussion with the defendant, thecourt determines that the bond that was said earlier in this matter should be reviewed and adjusted..The court now determines that the defendant should be released on his promise to appear at allfurther court proceedings. During such release he shall not consume any alcohol or illegal drugs andshall obey all laws of the state of Iowa and the United States. Copy Provided to Defendant

1 of 2

E-FILED 2015 MAR 23 9:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSMCR012797 STATE VS CODY JAMES NOVOA DOMINOType: OTHER ORDER

So Ordered

Electronically signed on 2015-03-23 09:58:46

2 of 2

E-FILED 2015 MAR 23 9:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division

THE STATE OF IOWA, PLAINTIFF ) No. SMCR012797

)

)

VS. ) APPEARANCE AND PLEA

) OF NOT GUILTY

CODY JAMES NOVOA DOMINO ) WAIVER OF SPEEDY TRIAL

) REQUEST TO DELAY

) PROCEEDINGS

________________________________________________

COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 662-

4715 and hereby enters his appearance on behalf of the defendant and enters a plea on not

guilty herein and waives the right to speedy trial.

Inasmuch as this charge is a companion case to an indictable charge

(SRCR012696) Defendant requests the Court to delay further proceedings herein until the

underlying indictable charge is resolved.

Respectfully Submitted,

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St. PO Box 392

Sac City, IA 50583

(712) 662-4715

Original filed

Copy to: County Attorney

E-FILED 2015 APR 09 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division

THE STATE OF IOWA, PLAINTIFF ) No. SMCR012797

)

)

VS. ) APPEARANCE AND PLEA

) OF NOT GUILTY

CODY JAMES NOVOA DOMINO ) WAIVER OF SPEEDY TRIAL

) REQUEST TO DELAY

) PROCEEDINGS

________________________________________________

COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 662-

4715 and hereby enters his appearance on behalf of the defendant and enters a plea on not

guilty herein and waives the right to speedy trial.

Inasmuch as this charge is a companion case to an indictable charge

(SRCR012696) Defendant requests the Court to delay further proceedings herein until the

underlying indictable charge is resolved.

Respectfully Submitted,

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St. PO Box 392

Sac City, IA 50583

(712) 662-4715

Original filed

Copy to: County Attorney

E-FILED 2015 APR 09 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division

THE STATE OF IOWA, PLAINTIFF ) No. SMCR012797

)

)

VS. ) APPEARANCE AND PLEA

) OF NOT GUILTY

CODY JAMES NOVOA DOMINO ) WAIVER OF SPEEDY TRIAL

) REQUEST TO DELAY

) PROCEEDINGS

________________________________________________

COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 662-

4715 and hereby enters his appearance on behalf of the defendant and enters a plea on not

guilty herein and waives the right to speedy trial.

Inasmuch as this charge is a companion case to an indictable charge

(SRCR012696) Defendant requests the Court to delay further proceedings herein until the

underlying indictable charge is resolved.

Respectfully Submitted,

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St. PO Box 392

Sac City, IA 50583

(712) 662-4715

Original filed

Copy to: County Attorney

E-FILED 2015 APR 09 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)

STATE OF IOWA,

Plaintiff,

v.

CODY JAMES DOMINO,

Defendant.

No. SMCR012797

ORDER GRANTING DISMISSAL

This matter came before the Court on the State’s request for the complaint to

be dismissed pursuant to Rule 2.33.

The Court, upon reviewing the record and being advised in the premises,

FINDS the State informed the Court the interests of justice and judicial economy are

best served by dismissal of the complaint.

IT IS THEREFORE ORDERED that the complaint shall be and is dismissed

with costs to the Defendant.

IT IS FURTHER ORDERED that court costs in the amount of $60.00 are

assessed to defendant, which becomes past due if not paid within thirty (30) days of

this Order.

E-FILED 2015 JUN 19 3:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: DISMISSED PER COURT

Case Number Case TitleSMCR012797 STATE VS CODY JAMES NOVOA DOMINO

So Ordered

Electronically signed on 2015-06-19 15:02:42 page 2 of 2

E-FILED 2015 JUN 19 3:02 PM SAC - CLERK OF DISTRICT COURT