srcr012673 - spirit lake man pleads guilty to possession of marijuana.pdf

8/9/2019 SRCR012673 - Spirit Lake man pleads guilty to Possession of Marijuana.pdf

1/37


2/37

E-FILED 2014 OCT 20 2:33 AM SAC - CLERK OF DISTRICT COURT


3/37

E-FILED 2014 OCT 20 2:09 PM SAC - CLERK OF DISTRICT COURT


4/37

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

vs.

CODY D HOFFMAN , Defendant.

Case No: 02811 SRCR012673

INITIAL APPEARANCE POSSESSION OF MARIJUANA

Charges:01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE

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 canand 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:

6 Months in the County Jail

Years Prison

And/Or $fine from $315 to $1,000 plus 35% surchage and court costs

You will lose your driver's license for a period of 180 days days.

1 of 3



5/37

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.

5. You will be released from custody prior to trial on your own promise to appear at all furthercourt proceedings. If you willfully fail to appear before any court as required, you shall be guilty of aserous misdemeanor, additionally:

Upon consideration of the factors in Section 811.2, the Court imposes the following conditionson your release:(1) You must not use any alcohol or illegal drugs during the pendency of this matter.

(2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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 11/17/2014 at 10:00 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 THEMSELVESWITHIN 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



6/37

State of Iowa Courts

Case Number Case TitleSRCR012673 STATE VS CODY HOFFMANType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-10-27 09:19:09

3 of 3



7/37

I N T H E I O W A

DI STRI CT

C O U R T F O R

Sac

DISTRICT

COURT

OF IOW

S C COUNTY

FILED

2 WOCT27 M 1 :

16

C O U N T Y

S T A T E O F I O W A or

Plaintiff/Petitioner,

Defendant/Respondent.

X

Criminal Civil

No.

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 fo r appointment of counsel, and under penalty ofperjury, the undersigned states:

Name:

rTJCt^i BirthDate:

HomePhone: ~7>?~ ^ ) 5 99^/

CellPhoneT^

.

E-mail:

Street Address:

Apt# City

State,,

Zip

Street/f.o. O X

3 Zoo

n^plx_

4El hour

•

month

•

year

List

al l

other money

you or

anyone else living

in

your household

has

coming

in: (

fcj~/S


8/37

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. CODY D HOFFMAN ,

DEFENDANT.

02811 SRCR012673

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 (712) 662-4715, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

1 of 2



9/37


Case Number Case TitleSRCR012673 STATE VS CODY HOFFMANType: ORDER APPOINTING

So Ordered


2 of 2



10/37

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

CODY D HOFFMAN ,

Defendant.


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 12/03/2014 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 2014 NOV 21 9:57 AM SAC - CLERK OF DISTRICT COURT


11/37


Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012673 STATE VS CODY HOFFMAN

So Ordered

Electronically signed on 2014-11-21 09:58:32 page 2 of 2



12/37

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012673

Plaintiff,

vs. TRIAL INFORMATION

CODY DWAINE HOFFMAN,DOB: 09/22/1988 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, Cody Dwaine

Hoffman of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED

SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section

124.401(5) committed as follows:

The said Defendant, Cody Dwaine Hoffman, on or about October 19, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a

controlled substance, to-wit: Marijuana, A Schedule I Controlled Substance.

A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123

Email: [email protected]


mailto:[email protected]:[email protected]


13/37

THE STATE OF IOWA vs. CODY DWAINE HOFFMAN

Criminal No. SRCR012673

COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MARK HEINO, MARIJUANA EXAMINER, CARROLL IOWA POLICE

DEPARTMENT-MARIJUANA TESTING LABORATORY



14/37


Type: Approval of Trial Information



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




15/37

IN THE

STATEOF OWA.

IOWA DISRICTCOURT

FORSACCOUNTY

Vs.

CODY

D. HOFFMAN

Del-endant

DateTrial Intbrmation

iled:

CIOMES

NOW the Def-endant

n tl.re bove-captioned

riminalcascandunderoathstates:

l. I am reprcscuted l

Attornel'CharlcsA.

lichulte.whoseadclrcssnd

phonenumberare

421Main S1. . O

Box

92.

Sac i r1. A. 5u58i:

7i2)

662-17i5.

2. My curent mailing

and esidence ddress

nd

phone

numberare811

thica Ave..

SpiritLake. A 51360. Ml phonenur.nbers: 712-2915994.My dateof birth s 09-22-

1988. I can ead

andunderstandhe

English anguage

ndhavecompleted

he ollorving

levelol education:

2 Years.

4. I have

becnadvised ]

m.vattorne)andunderstand

hat havea right

to arraignment

in openCour1.

nd

voluntarill

rvaivc

hat ight,

choosingnsteado sign

his Written

Arraignment

nd

Plea

of

Not Guilty.

I understandhat imes

or fur1l.rer

roceedings

which ale computed

rom the dateof arraignment

ill

be computed

rom the dateof

filing this Written

Anaignmentand Plea

of Not Guilty.

5. I have eceived cop-v f thc Trial Informationwhich charges .re 'ith the crime

of

COUNT

I: POSSESSION F

A

CONTROLLED

SUBSTANCE,

MARIJUANA

in

violation of

Iowa Code Section

124.401(5).

6. With

regard o the name

by rvhich am charged

n thc rial

Information

either

heck

a

or

chcck ndcomplctc b ) :

-a'

t

l{lnc

niin)eon

the 'rial Information

s my truc name.

I havcbeenadvised

endunde'rstan,l

hat anr

nou

prccluded

rom

objccting o the'l'rial

Inlbrrnation

pon he

ground

hat

I am irnproperl-v

an.red.

( )b. The nameshon'non thc'l rial Intbrmalion s not mv true name. My true

name s.

I rcquest hat an

cr.rtrl e made

n thc minutes howing

ml true

namc l have

been dvised

ndunderstand

urther

proceedings

vill

be

hadagainstme

by thatnanre.

the

Trial Information

will be

amended ccordingly.

nd

vhen he Trial ln lbrmatior.r

s so

amended,

will bc

precludedrom ob.iecting

rponhe

grounds

am lnproperly

amed.

7.

I havebeenadvised

nd

understandhat

ma.v

lead

guilty.

not

guilty

or former

conviction

r acquittal.

CRIMINALNO.SRCROI2673

WRITTENARRAIGNMENT.

PLEAOFNOT GL]]I-TY

E-FILED 2014 DEC 03 11:25 AM SAC - CLERK OF DISTRICT COURT


16/37

8.

For he

purpose

f this arraignment. havehadsullicient inre

o

discuss

my casewith

m.vattorney. nd waive any urther ime in

which

o entera

plea.

9. I

plead

NOT GUILTY to thc chargesn

paragraph

above.

10. I havebeen

advised nd understandhat havea right underRule

2.33(2)(b)

fthe

Iov,a

RuLe.s

/ Criminal

Procetlure o a trial within ninet-v ays/one

ear

after the

filing of

the

Trial lnformationand

(check

either

a

or

b ):

(

)

a. I demand peedy rial

pursuant

o

Rule2.33(2)(b) nd

c) .

./.

([,zfb.

rvaivemy right o a speedyrial

pursuant

o

Rule2.33(2)

b)

and

c) .

1l.

I requestlrata trial datebe set

pursuant

o

Ruic 8. of the r .,u,cRuies f Cr mintti

Procedure.

M)' attorncyand will be available

br trial on the bllowing days:An v

Time.

Orisinal

to be filcd rvith Clerk of Court

Copl'

provided

to :

Count)

Attorney

'rnev

fbr Defendar.rt



17/37

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. CODY D HOFFMAN ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on December 3, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 01/27/2015 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



18/37

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



19/37


Case Number Case TitleSRCR012673 STATE VS CODY HOFFMANType: ORDER SETTING TRIAL

So Ordered


3 of 3



20/37


STATE OF IOWA,

Plaintiff,

v.

CODY DWAINE HOFFMAN,

Defendant.

Case No. SRCR012673

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 21, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Chuck Schulte. The parties, through

the undersigned, represent the following to the Court:

1. A plea agreement has been reached the terms of which are as

follows: The defendant agreed to plead guilty to Count 1 of the Trial Information,

and the State agreed to recommend or do the following: 1) that defendant

receive a 30-day jail sentence, with all but the time defendant has already

served, suspended; 2) that defendant pay the minimum fine; 3) that defendant

be placed on informal probation through the Sac County Probation Office; and

move to dismiss the “companion” simple misdemeanor citation filed in

SMCR012674 with costs to defendant.

2. The defendant intends to submit a written guilty plea by February

4, 2015. Defendant intends to waive presence at sentencing. Defendant intends

to waive time between plea and sentencing.

__________________________

Benjamin John SmithSac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 JAN 22 6:38 AM SAC - CLERK OF DISTRICT COURT


21/37


STATE OF IOWA,

Plaintiff, vs.

CODY D HOFFMAN ,

Defendant.

02811 SRCR012673

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 02/04/2015 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



22/37


Case Number Case TitleSRCR012673 STATE VS CODY HOFFMANType: OTHER ORDER

So Ordered


2 of 2



23/37

Date: 1/27/2015


State of Iowa

Plaintiff

No. SRCR012673

vs.

CODY HOFFMAN

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 use photographic

equipment

(__X__), television cameras (__X__) or electronic sound recording 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; audio accessibility; two

photographers with up to two still cameras and two lenses each, two

tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for

expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___1/27/2015_____________________

Jesse Helling

Media Coordinator, Region 4

Address: Fort Dodge Messenger

713 Central Ave.

Fort Dodge, IA 50501

Phone: (800)622-6613Fax: (515)574-4529



24/37

2RCR15


STATE OF IOWA,

PLAINTIFF,

vs. CODY D HOFFMAN ,

DEFENDANT.

Case No. 02811 SRCR012673

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 February 9, 2015. If any objection is filed on or

before February 9, 2015, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before February 9, 2015, 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 A SCHULTE

MEDIA COORDINATOR

CODY D HOFFMAN

1 of 2



25/37


Case Number Case TitleSRCR012673 STATE VS CODY HOFFMANType: OTHER ORDER

So Ordered


2 of 2



26/37

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff / Petitioner, vs.

CODY D HOFFMAN ,

Defendant / Respondent.

02811 SRCR012673

ORDER OF CONTINUANCE

Upon application of the Defendant and with the agreement of the State of Iowa:

This matter is continued, Hearing is scheduled on 02/18/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

1 of 2

E-FILED 2015 FEB 04 11:55 AM SAC - CLERK OF DISTRICT COURT


27/37


Case Number Case TitleSRCR012673 STATE VS CODY HOFFMANType: ORDER FOR CONTINUANCE

So Ordered


2 of 2



28/37

TNTHE

IOWA

DISTRICT

COURT

IN

AND

FOR SAC

COUNTY

No. SRCR012673

TATE

OF

OWA.

Plaintiff

CODY

DOB:

DWAINE

HOFFMAN.

0912211988

Defendant.

GUILTY

PLEA

SERIOUSMISDEMEANOR _

CONTROLLED

SUBSTANCE

COUNT

I

l,

the undersigned

efendant,

ave

carefully

ead

and

ully understand

he

following:

I am chargedwith POSSESSIONOF MARIJIJANA, A SCHEDULE I CONTROLLED

SUBSTANCE,

FIRST

OFFENSE,

n

violation

of

Iowa Code

Section

124.401(5),

Serious

Misdemeanor,

nd

hereby

equest

hat

my

plea

of

guilty

o

the charge

e entered

f record.

A.

The

maximum

unishmentor this

crime

s:

.

For

the

first offense,

mprisorunent

f

not

more

than six months

n

jail,

and a fine

of

not

more

than

$1,000.00

lus

statutory

surcharges,

lus

all court

costs

and

all costs

and

fees

incurred

or

legal

assistance.

The

surcharges

nclude a

35% surcharge,

$125

Law

Enforcement

nitiative

Surcharge

nd

a

$10.00

DARE surcharge.

There

s a

minimum

ine of

$315.00,

which

is irnmediately

ue

on the

date of

senten.ing;

nless

a

payrnent

lan

is

approved

y

the court

within

thirty days

of

the Judgment

ate.

The Court

will alsoorder

he

Iowa Department f Transportationo revoke owa driver's icenseor 180 days. This s in

addition

o any suspension

r

revocation

f

driving

privileges

am

presently

erving.

The

crime

of

FirstOffense

ossession

f

Controlled

ubstance

s a Serious

Misdemeanor.

.

In addition,

or

any

Possession

f Controlled

Substance

onviction

he Court

shall

consider

and

may

order

denial

of certain

Federal

and comparable

State

benefits,

such

as

student

oans,

grants,

contracts,

professional

r

cofitmercial

icense.

This

does

not

include

retirement,

welfare,

Social

Security,

health,

disability,

veteran'sbenefits,

public housing

or

similar

benefits.

.

I

will be

required

to

pay

colrectional

ees

for

incarceration

nd

enrollment

ees

for

probation. I am aware

hat sentencing

ptions

may

ncludedefenal

of sentence

f

judgment,

the

grant

of

probation nd

he

suspension

f sentence

mposed.

. I understand may be required o completea substance buseevaluationat my own

expense.

f ordered,

wiil

provide he evaluation

o the Court

before

am sentenced.

.

The Court

may order

me

to

participate

n a reality

education

ubstance

buse

revention

program.

.

The Court

may order

restitution

o

any victim

of

my offense.

In

addition,

he Court

may

order

restitution

up

to

$500

each

to any

public agency

(fire-fightitg, law enforcement,



29/37

ambulance,

edical

or

any other

emergency

ervices)

which responded

s a

result

of

rny

violation.

B.

I understand

hat

a crfuninal

onviction,

defened

udgment

or deferred

sentence

may

affect

my status

nder

ederal

mrnigration

aws.

C. If I pleadnot guilty, I would beentitled o the followingrights. I giveup these ightsby

pleading

uilty:

(l).

The

right

o a speedy

nd

public rial

by

a

ury

of

twelve

people.

(2).

The

right

to have

an attorney

epresent

me

at trial

and, f

the Court

found

was

unable

o

afford

an attorney,

he Court

would,

at

public

expense,

ppoint

n attorney

o

represent

e.

(3).

At

trial,

would be

presumed

nnocent

ntil such

ime, f ever,

he State

established

y

guilt

beyond

reasonable

oubt.

(4).

At

trial, a

ury

verdictof

guilty

wouldhave

o

be

unanimous.

(5).

At

trial,

I would

have

he

privilegeagainst elf-incrimination,

hat

s, I cannot

be forced

o

testifli,

and

f

I choose

not

to testify,

he

State

may

not

commenton

the fact of

my

failure

o

testiff

and,

at my

request,

would be

entitled

o a

ury

instruction

tating

hat

the

ury

could

not nferguilt from my failure o testif,.

(6).

At

trial,

the State

would have

o confront

me

with witnesses

pon

whose

estimony

t

relied

o obtain

onviction,

nd

would

have

he right

o cross

examine

hose

witnesses.

(1).

At trial,

I

would

be

entitled

o

presentwitnesses

o testiff

on

my behalf

and

to

compulsory

rocesso secure

hose

witnesses.

D. By

pleading

uilty, herewill

not be a

trial of

any

kind.

By

pleading

uilty, waive

my

right

to trial,

and will

be

treatedas

f I hadbeen

ried and ound

guilty

by

a

ury.

E.

The Court,

n detenlining

whether

here s

a factual asis

or

this

plea

of

guilty,

may

make

such

a determination

by exarnining

he Minutes

of

Testimony

attached

o

the

Trial

Information,

by

revierving

he investigative

eports

of law

enforcement

gents

who

have

investigatedhe offense,or by askingme or counselo recite andsummarizehe material

facts

hat

wouldbe

olftred

at

trial.

The Courl

has he

discretion

o accept

r reject

any

plea

agreement

ade

between

he State

and

rnyself.

The

plea agreement

s: I

will

plead

guilty

to

Possession

f Marijuana.

a

Schedule

Controlled

Sirbstance.

irst

Offense.

n violation

of

Iowa Code

Section

124.401(5).

Serious

Misderneanor.

he ecornmended

ail

time s 30

days.

ll of which

will

b e s

ded. I wi l l be nlaced

on

i

I nrobation

o

the

tv Probation

a oeriod

o

r'

fi'om

he Ju

t entrv date. I

will

in the amount

of

315.00.

he359

harse n

the amount

.25.nlus

he

$125.

w Entbrcernent

: to be oaid

as

aDDr'

nt

nlan

o

tv Standard

P

t. I will comnlvwith the AbuseEvaluation n November

5

4 fronrSouthwest

ea

umanServices.

hi

tment was

reco

understancl

hat the

owa

Department

f Transportation

ill

reveke

owa driver's

icense

or

a

period

of

180

days.

Pursuant

o

the

plea

agreement.

he county

attorney

will

reconunend

dismissal

f

the

compAnion

omplaint

MCRO12674.

ith court

costs

assessed

o Defendant.

Initiative

sLrrcharge.

he

S10.00

DARE surcharge.

ourt

costs.

and court

appointed

ttorney



30/37

This

plea

agreement

ncludes

hat

I will be

responsible

o

pay

court

costs,

payment f uff

costs

and

fees ncurred

or legal

assistance,

ictim

restitution, olrection

iail)

fee for

any

ail

time

andall surcharges

ndmandatory

unishments

seeparagraph

) applicable

o

my case.

I now state

o the Court

that I

arn,

n fact GUILTY

and

hat no

threatsor

promises ave

been

made

o induce

me

to enter

ny

plea

of

guilty. I havebeen

nfonned

hat

the elements

f

the crimeare: I did knowinglyor intentionallypossess controlledsubstance,o-wit:

Mari juana,

a Schedule

Controlled

Substance,

nless

such

was obtained

by

valid

prescription. I

understand

he nature

f the

charge

gainstme.

This offense

\'as

committed

by

me n Sac

County

owa by

my

doing he

following:

I did on

or

aboutOctober

19.

2014

possess

ari iuana.

n/at

2700mile of

Hwv

M43

in

Sac

Countv

Iowa.

I hereby

trte

that

I

subrnit

his

written

plea

of

guilty

with

fulI knowledge

nd

waiver

of

my

rights

and

clo so

fieely

and

voluntarily.

No

tlueats

havebeen

made

against

me to obtain

his

guilty plea. No

promises

f

leniency

r

favorable

reatrnent

avebeen

made,

except

or

any

plea

bargain

isclosccl

o

the

Couft

at the ime

of

this

guiltyplea.

F.

If the

Court accepts

ny

plea

of

guilty,

real:ze:

(l)

The Court

will

set

a

sentencing

ate not

less han

fifteen

days

after

the date

of

its

acceptance

f

this

guilty pleaunless

waive

his ight.

In order

o

contest

his

plea

of

guilty,

must

ile

a i\4otion

n Alrest of

Judgrnent

t

least ive days

prior

to sentencing.

The

right

to

file

a Motirrn

n Alrest of

Judgrnent

ill be

waivedby

having

he Court

impose

a sentence

todav.

(2).

If

the Cor,rrt

mposes

sentence

oday,

will never

be able

o challenge

his

plea

of

guilty,

and

will

l,e

giving up nry

right to directly

appeal ny

guilty

plea.

I ask he Corrrt o accepthispleaof guilty. I waive heprecedittgightsandmy right o have

the

Court

address

e

personally.

WAIVBR OF

MOTION

IN ARREST OF

JUDGMENT

lf the Coult

accepts

my

plea

of

guilty, wish

o

be

sentenced

ow.

I understand

hat:

ln orclcr

1ocontest

his

plea

of

guilty,

must

ile

a

Motion

n Arrest

of Judgment

o later

than

45

days

after

a

plea

of

guilty and

no later

han

5

days

prior to

pronouncementf

judgment,

and

that the Court

will set a sentencing

atenot

less han

ifteen

days

after

he

date

of its

acceptance

f

this

guilty

plea

unless

waive his

right, and

he

right to

file

a

Motiorr

n

fu'restof

.ludgrnent

ill

be waivedby

having he Court

mpose

sentence

ow.

By hai'ing

he

Courl

rnposemy sentence

ow,

will never

be able

o

challenge

his

plea

of

guilty

and

rvill

be

giving

up my

right o directly

appealmy

guilty

plea.

I hereby

equest

he

Court

sentence

ne now

and waive

any

ime o

which

maybe

entitled

for sentencilg

t

a

ater

datc.

1 .

2 .



31/37

\\/AIVER

OF RIGHT TO

BE PRESENT

I

havcbeett ully

advised

hat I have

a constitutional

ight

to

be

present

t my

sentencing

and

present

videnccn my own

behalf. understand

hat t

is my

choice o be

present

r not,

and

thatno

onecanexclude ne iom

sentencing.

With llrc above n ntind,and urtherunderstandinghatmy decisionwhethero bepresent

or

not s rny

ori,rt lccision, hereby

nowingly

and

voluntarily

waive

he right to

be

present

t my

sentencing.

STATEOF OWA

SACCOUN'I ' \ '

)

) S S

)

ontlri,;

4

-auvor

*,IL

2ot5

e

in and for

sairlSta[c,

personally

ppear.d

(-

O.l

fore

me he unders

a NotaryPublic

to me known

'r

bc

the

derr t ical

acknowledsetjhat hc

executed

person

named

the

sarne f his

executed

he oregoing

act

anddeed.

-,)

and

.-$rtt ̂ CHARTES

'

SCHULTE

9'A

.

Commiss

.

rrlumber

24274

'.W

MY

ommrssion

xPires

't6F-

December

,il0Ji.Z

Charles

chulte

ant'sAttorney

in and

voluntary

ublic

of lowa



32/37

1


STATE OF IOWA,

Plaintiff,

v.

CODY HOFFMAN,

Defendant.

SRCR012!"

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

DATE: Fe#$%a$& ', 201'

CHARGE(S): P())e))i(n (f Ma$i*%ana, a )e$i(%) +i)de+ean($, in vi(lati(n (fI(a C(de - 12.01/'

Defendant a) filed a $itten %ilt& 3lea and a aive$ (f Defendant4) $it t( #e 3$e)entf($ )enten5in. Defendant a)6) tat te 3lea t( te a#(ve 5a$e/) #e a55e3ted andtat )enten5e #e i+3()ed 3%$)%ant t( te 3lea a$$ane+ent a$eed %3(n #& te 3a$tie)it(%t te f($+alit& (f te $e5($d $e7%i$ed #& R%le) 2.8 and 2.10 (f te I(a R%le) (fC$i+inal P$(5ed%$e.

Te C(%$t e$e#& inf($+) Defendant tat Defendant4) 3lea (f %ilt& t( tea#(ve9$efe$en5ed 5a$e/) i) a55e3ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i) ad*%di5ated %ilt& (f te 5$i+e (f P())e))i(n (f Ma$i*%ana invi(lati(n (f I(a C(de - 12.01/'.

2. Defendant i) e$e#& )enten5ed a) f(ll():a. Defendant )all 3a& all (f te f(ll(in finan5ial (#liati(n):

/1 a fine in te )%+ (f ;"1'.00</2 a "'= )%$5a$e (f ;110.2'</" a ;10.00 DARE )%$5a$e 3%$)%ant t( I(a C(de Se5ti(n

>11.2</ a ;12'.00 la enf($5e+ent initiative )%$5a$e 3%$)%ant t(

I(a C(de Se5ti(n >11."</' te 5(%$t 5()t) (f ti) a5ti(n, in5l%din 5(%$t9a33(inted

att($ne& fee). Te C(%$t a) dete$+ined, #&inf($+ati(n 3$e)ented #& te 3a$tie), tat Defendant i) a#let( 3a& 5(%$t9a33(inted att($ne& fee).

Defendant )all 3a& all finan5ial (#liati(n) 3%$)%ant t( a 3a&+ent3lan t( #e devel(3ed #& te 3$(#ati(na$& )%3e$vi)($.

E-FILED 2015 FEB 05 2:31 PM SAC - CLERK OF DISTRICT COURT


33/37

2

#. Defendant )all )e$ve ti$t& /"0 da&) in te 5(%nt& *ail, it allda&) (f te )enten5e )%)3ended. Defendant )all #e iven 5$editf($ ti+e 3$evi(%)l& )e$ved.

5. A) a 5(nditi(n (f a 3($ti(n (f Defendant4) )enten5e #ein)%)3ended, Defendant i) 3la5ed (n inf($+al 3$(#ati(n t( te Sa5C(%nt& P$(#ati(n Offi5e$ /?te P$(#ati(n S%3e$vi)($@ f($ a 3e$i(d(f (ne /1 &ea$ f$(+ te date (f filin (f ti) O$de$. Defendant4)3$(#ati(n )all #e (n )%5 te$+) and 5(nditi(n) tat te P$(#ati(nS%3e$vi)($ dee+) a33$(3$iate. In additi(n t( an& te$+) teP$(#ati(n S%3e$vi)($ i+3()e), te C(%$t )3e5ifi5all& i+3()e) all (fte f(ll(in te$+) (f 3$(#ati(n:

/1 Defendant )all +a6e in93e$)(n 5(nta5t it te P$(#ati(nS%3e$vi)($ itin )even /! da&) (f te filin (f ti) O$de$ t()in %3 f($ 3$(#ati(n and )in an& 3$(#ati(n )%3e$vi)i(n

a$ee+ent $e7%e)ted #& te P$(#ati(n S%3e$vi)($.Telephone contact ! not !"##cent<

/2 Defendant )all (#e& all la)<

/" If Defendant #e5(+e) elii#le f($ $ein)tate+ent (fDefendant4) d$ive$4) li5en)e d%$in te te$+ (f 3$(#ati(n,Defendant )all ta6e all )te3) ne5e))a$& t( (#tain a validd$ive$4) li5en)e a) )((n a) Defendant i) elii#le<

/ Defendant )all #e e+3l(&ed f%ll9ti+e o$, attendin )5((lf%ll9ti+e, ($ enaed in a f%ll9ti+e 5(+#inati(n (fe+3l(&+ent and )5((l attendan5e d%$in te 3e$i(d (f3$(#ati(n<

/' Defendant i) 3$(i#ited f$(+ 5(n)%+in ($ 3())e))inal5((l ($ an& illeal d$% ($ an& d$% f($ i5 Defendantd(e) n(t ave a valid 3$e)5$i3ti(n. In additi(n, Defendant i)3$(i#ited f$(+ #ein at an& l(5ati(n e$e al5((l ($ illeald$%) a$e 3$e)ent, $ea$dle)) (f ete$ Defendant i)a5t%all& in 3())e))i(n (f ($ 5(n)%+in )%5 al5((l ($ illeal

d$%). Ti) 3$(i#iti(n d(e) n(t 3$(i#it Defendant f$(+#ein at a 3%#li5 l(5ati(n /e.., $e)ta%$ant e$e al5((l i))e$ved, )( l(n a) te 3$i+a$& 3%$3()e (f te e)ta#li)+enti) n(t te )e$vin (f al5((l and Defendant i) n(t 5(n)%+in($ in 3())e))i(n (f al5((l at tat l(5ati(n<



34/37


35/37


36/37


Type: OTHER ORDER



So Ordered




37/37


srcr012673 - spirit lake man pleads guilty to possession of marijuana.pdf

Documents