state v joshua james skirvin - agcr012357

8/13/2019 State v Joshua James Skirvin - Agcr012357

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E-FILED 2013 JUL 08 2:51 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS

JOSHUA J SKIRVIN

Defendant

02811 AGCR012357

ORDER

Law Enforcement requests a warrant. The complaint states facts that justify a warrant. Clerk to issue.

Copy Provided to Defendant

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E-FILED 2013 JUL 09 10:56 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleAGCR012357 STATE VS JOSHUA JAMES SKIRVIN

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-07-09 10:55:23

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

vs. JOSHUA J SKIRVIN , Defendant.

Case No: 02811 AGCR012357

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 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: One Year County Jail 2 Years Prison And/Or $A fine of not less than $625 nor greated than $6,250 plus 35% surcharge andcourt costs

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.

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5. (a) 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 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:

In order to secure his release defendant must post a cash or surety bond in the amount of $25,000for both this and the accompanying harrassment in the second degree and burglary in the first degreecharges. If released on bond defendant shall not consume any alcohol or illegal drugs during thependancy of this matter and shall obey all laws of Iowa and the U.S.

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 THIS

OFFENSE, 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

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Type: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN T H E I O WA DISTRICT C O U RT F O R Sac

DISTRICT C0UKI- OF IOWASA C COUHTY

FILED

2013 JUL 6 PH12: 3C O U N T Y

STATE O F I O WA orPlaintiff/Petitioner,

v&

Defendant/Respondent.

Criminal Civil

FINANCIAL AFFIDAVIT/APPLICATIONFO R A P P O I N T M E N T O F C O U N S E L

In support of my application for appointment of counsel and under penalty of perjury, the undersigned states:

Name: tt/j/zM ^ o f t f t r f BirthPate: / r / / x / / 9 9 1

Home Phone: Cell Phone^/z/ E-mail:.

Street Address:Apt City State Zip

s:Street/P.O. Box

Pending charges: r W t t & t t l i l i x A - , < ^ ^ * t Q) ( l T f W S>S In Jail? B Yes No

Do you have a job? IH^No Job Y es, Full Time Y es, Part Time (List Hours/week: )

Who do you work for?

How much money do you currently make before taxes or deductions? per hour month year

Oow much money have you made in the last 12 months from any source before taxes or deductions?

How many family members are supported by or live with you? '

If a spouse lives with you, how much m oney does your spouse make? per hour month year

List a ll other money you, or anyone else living in your household has coming in: AJ/$

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: .

List amounts you pa y monthly for mortgages rent car loans credit cards child support or any other debts: jtyKJlf

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidav it I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay for an attorney to represent me.

Date Signature

Rev. 1/6/12


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STATE OF IOWA,

PLAINTIFF, VS. JOSHUA J SKIRVIN ,

DEFENDANT.

02811 AGCR012357

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 Sarah Smith, a contract attorney, is appointed.

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Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

JOSHUA JAMES SKIRVIN,

DOB: 11/12/1993

Defendant.

Case No. AGCR012357

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 Josh Skirvin(defendant), of the crime of WITNESS TAMPERING, an Aggravated Misdemeanorin 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), andyelled profanities out of the car window toward 304 Sherwood and / or aided CodyDupre in doing the same, and that defendant did so without legitimate purpose, in amanner likely to cause the residents of 304 Sherwood annoyance or harm and withthe specific intent to intimidate, annoy or alarm the residents at the above-mentioned304 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). I OWA 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 inthe name and by the authority of the State of Iowa, accuses Josh Skirvin(defendant), of the crime of STALKING, an Aggravated Misdemeanor in violation ofIowa 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 thatwould cause a reasonable person to fear bodily injury to, or the death of BillyHutchinson. The defendant knew or should have known that Billy Hutchinson wouldbe placed in reasonable fear of bodily injury or death to Billy Hutchinson or amember of his immediate family. The defendants course of conduct caused BillyHutchinson to fear bodily injury or death to himself or a member of his immediatefamily. I OWA CODE 708.11(2), 703.1, 703.2 (2013)


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A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin 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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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

Electronically signed on 2013-07-26 09:17:31 page 3 of 3



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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. AGCR012357

ATTACHMENT TO TRIALINFORMATION: WITNESS LIST

JOHN MEISTER, Lake View Police Department

LAURIE ANN HUTCHINSON

EDWARD LUTZ

KENNETH THIBODEAU

BRADLEY HUTCHINSON

BILLY HUTCHINSON

SAC COUNTY CLERK OF COURT



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STATE OF IOWA,

Plaintiff,

v.


Defen ant.

Ca!e N". A#CR$%&'()

ORDER SETTIN# ARRAI#NMENT

AND *OND HEARIN#

T+e TRIA INFORMATION an t+e MINUTES OF EVIDENCE in t+i! -atte +ave /eene0a-ine an f"1n t" 2"ntain !1ffi2ient evi en2e, if 1ne03laine , t" 4a ant a 2"nvi2ti"n ina t ial /5 61 5, t+e ef" e, t+i! -atte !+all /e !et f" A ai7n-ent.

IT IS ORDERED t+at t+e Defen ant !+all 3e !"nall5 a33ea f" A ai7n-ent at t+e Sa2C"1nt5 C"1 t+"1!e, Di!t i2t C"1 t ""-, Sa2 Cit5, I"4a "n t+e 13 th a5 "f August 2013 ,&$%' at 9:00 a.m.. T+e Defen ant i! a vi!e t+at fail1 e t" a33ea 4ill e!1lt in t+e i!!1an2e"f an a e!t 4a ant.

IT IS FURTHER ORDERED, t+e Defen ant8! /"n 3 evi"1!l5 !et !+all 2"ntin1e ant+at a /"n evie4 +ea in7 !+all /e an i! !et f" J1l5 '$, &$%', at 99:99 99.-., in t+eDi!t i2t C"1 t ""- at t+e Sa2 C"1nt5 C"1 t+"1!e, Sa2 Cit5, IA ($(;'.



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Type: ORDER FOR ARRAIGNMENT


So Ordered



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STATE OF IOWA,

Plaintiff,

v.


Defen ant.

Ca!e N". A#CR$%&'()

FECR$%&'(*

SRCR$%&'('

ORDER ON +OND REVIEW HEARIN#

T i! -atte /a-e 0ef" e t e C"1 t f" a 0"n evie2 ea in3. T e C"1 t, 14"nevie2in3 t e e/" an 0ein3 a vi!e in t e 4 e-i!e! FINDS an ORDERSefen ant5! 0"n i! !et at 6&,$$$.$$, /a! " !1 et7.

IT IS FURTHER ORDERED t at if efen ant i! elea!e "n 0"n , t e efen ant! all a0i e 07 t e f"ll"2in3 te -! an /"n iti"n! "f elea!e.

%. T e efen ant ! all ave n" /"nta/t 84e !"nal " "t e 2i!e9, eit e i e/tl7 "in i e/tl7, 2it an7 "f t e na-e :2itne!!e! " alle3e vi/ti-! in FECR$%&'(*,

A#CR$%&'(), an SRCR$%&'('. T e C"1nt7 Att" ne7 ! all 4 e4a e a !e/1 eatta/ -ent t" t i! " e li!tin3 t e na-e! an a e!!e! "f t e 4 "te/te 2itne!!e!an vi/ti-! in ea/ "f t e af" e-enti"ne /a!e!.

&. T e efen ant ! all 0een in!i e i! e!i en/e 0et2een an in/l1 in3 t e"1 ! "f %$;$$ 4- CST 1ntil (;$$ a.-. CST.

'. T e efen ant ! all n"t /"n!1-e an7 al/" "l.

*. T e efen ant ! all n"t ave an7 f1 t e vi"lati"n! "f t e la2.

(. On/e file , t e Cle < ! all ta


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Type: OTHER ORDER

Case Number Case TitleSRCR012353 STATE VS JOSHUA JAMES SKIRVIN

AGCR012357 STATE VS JOSHUA JAMES SKIRVINFECR012354 STATE VS JOSHUA JAMES SKIRVIN

So Ordered




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E-FILED 2013 AUG 01 8:17 AM SAC - CLERK OF DISTRICT COURT


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BAIL B O N O DISTRICT OUR i uf K,HW.

FILED

2013 AUG-I AH 10: U i

i; I

li i:

STATE OF IOWA, COUNTY OF 5~ w i th the cr i m e of r a s t e r


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. JOSHUA J SKIRVIN ,

DEFENDANT.

Case No. 02811 AGCR012357

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust12, 2013.

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 Ms. Sara Smith. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on October 2, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYSARAH LIVINGSTON SMITHDISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 2:23 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 AUG 12 2:23 PM SAC - CLERK OF DISTRICT COURT


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

State of IowaPlaintiff

No. agcr012357 vs.

Joshua J. SkirvinDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIACOVERAGE

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 theabove proceeding.

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

3. The request(s) for expanded media coverage are describedas 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 administratorfor 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 4:55 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Sarah Smith 704 Central Avenue

Fort Dodge, IA 50501

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 4:55 PM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER

So Ordered


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E-FILED 2013 SEP 23 9:52 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

Criminal Cause No. AGCR012357

vs. MOTION for ORDER TO DISMISSCount I and Count II of Trial Information

JOSHUA JAMES SKIRVIN , Defendant.

COMES NOW Plaintiff in the above entitled matter and pursuant to Iowa Rules of

Criminal Procedure moves to dismiss the charges of Count I of the Trial Information; WITNESS

TAMPERING and Count II of the Trial Information; STALKING, pursuant to Iowa Rule of

Criminal Procedure 27(1) for the reason that pursuant to a plea agreement Defendant is pleading

to three counts in another Sac County District Court matter, and that the interests of justice can

best be attained by dismissal.

It is the desire, of both parties, that this charge be dismissed with court costs in the

amount of $120.00 and Court Appointed Attorney fees as filed with the State Public Defenders

Office assessed to Defendant.

WHEREFORE, Plaintiff PRAYS for an Order dismissing the charge and terminating the

conditions of pretrial release.

/s/Benjamin John SmithSac County Attorney, Benjamin John Smith

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

Original EDMS copy to:Defendants Attorney, Sarah Smith

PROOF OF SERVICEThe undersigned certifies that the foregoing instrumentwas served upon all parties to the above cause to each of theattorneys of record herein at their respective addresses disclosedon the pleadings on October 22, 2013,

by: [ ] U.S. Mail [ ] Fax[ ] Hand Delivered [ x] email[ ] Certified Mail [ ] Other-electronic

Signature: /s/ Norma Hecht

E-FILED 2013 DEC 16 8:31 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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STATE OF IOWA,Plaintiff,

No: AGCR012357

VsORDER DISMISS

Count I and Count II of Trial InformationJOSHUA JAMES SKIRVIN

!"f"n#ant

T$" Plaintiff%s &otion to !is'iss (o'"s )"fo*" t$" Co+*t an# t$" Co+*t $a in- ".a'in"# t$"

&otion an# t$" fil", FIN!S t$at t$" ($a*-" s$o+l# )" #is'iss"# /+*s+ant to Io a R+l" of C*i'inal

P*o("#+*" 27 1

IT IS THEREFORE ORDERED t$at t$" a)o " "ntitl"# ($a*-"s )", an# t$" sa'" a*" $"*")

#is'iss"# an# t$at t$" !"f"n#ant%s )on# is ".on"*at"#, an# all (on#itions of *"l"as" T$is o*#"* #o"s not

aff"(t an ot$"* )on# o* (on#ition of *"l"as" o* /*o)ation o*#"*"# +n#"* ot$"* (o+nts, if an , fil"# in t$is

(as"

IT IS FURTHER ORDERED t$at (o+*t (osts in t$" a'o+nt of 4120 00 a*" ass"ss"# to

!"f"n#ant

IT IS FURTHER ORDERED t$at (o+*t a//oint"# atto*n" f""s in t$" a'o+nt a//*o "# ) t$"

Stat" P+)li( !"f"n#"*%s Offi(" a*" ass"ss"# to !"f"n#ant

IT IS FURTHER ORDERED t$at !"f"n#ant s$all /a all a'o+nts /*" io+sl o*#"*"# an#

a'o+nts o*#"*"# in Sa( Co+nt !ist*i(t Co+*t (as"s FECR01235 an# SRCR012353 ) /a in- !"#$%% &'r mont( to t$" Sa) Count* Cl'r+ of Court it$ /a '"nts to )"-in on t$", -t da* of t(' mont( follo in- t$is o*#"*, an# s$all (ontin+" on t$" , -t da* of "a($ 'ont$+ntil /ai# in f+ll HOWEVER IF THE A.OVE /AYMENT /0AN DOES NOTRESU0T IN THE TOTA0 O.0I1ATIONS .EIN1 /AID WITHIN 23 MONTHS OFTHE DATE OF THIS JUD1MENT THE .A0ANCE IS DUE AT THAT TIME$D'f'ndant i- ad4i-'d t(at if on' &a*m'nt i- mi--'d t(' 'ntir' o5li6ation 5')om'-imm'diat'l* du'$

O*i-inal fil"# E!&S,Co+nt Atto*n"!"f"n#ant%s Atto*n" , Sa*a$ S'it$

E-FILED 2013 DEC 16 2:25 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER DISMISSING AT APPLICATION


So Ordered


E-FILED 2013 DEC 16 2:25 PM SAC - CLERK OF DISTRICT COURT

state v joshua james skirvin - agcr012357

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