012558 SRCR - Lake View man pleads guilty to 5th Degree Criminal Mischief.pdf

8/10/2019 012558 SRCR - Lake View man pleads guilty to 5th Degree Criminal Mischief.pdf

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2/34

E-FILED 2014 MAY 27 2:54 PM SAC - CLERK OF DISTRICT COURT


3/34

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

EARL DEAN SCHADEDefendant

Case No. 02811 SRCR012558

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:CRIMINAL MISCHIEF 4TH DEGREEin violation of Section(s) 716.6 of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on06/09/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. .YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as

contempt of court.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court.Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).

E-FILED 2014 MAY 28 9:02 AM SAC - CLERK OF DISTRICT COURT


4/34

IN

T H E

I O W A

DISTRICT

C O U R T

FOR

Sac

COUNTY ~=

o

cn

JO

cn ?>cJo Q A ^ BirthDate:OO/ 6 L

HomePhone?/3

' 3 ? 3 L - f t )

CellPhone:7 Q % - ^ / 5 Q E-mail:

StreetAddress:

/

Q-

1

3fo4fo/if

Street/P.O.Box Apt City

State Zip

Pendingcharges:

In

Jail?

Yes No

Do youhavea

job?

N oJob Yes,

Full

Time Yes,PartTime(List

Hours/week:

)

W ho

do

you work for? Z^nUr

CuJ

Grave) (pAWi

u

C.* -*A

Howmuchmoneydo youcurrently make before taxes or deductions? per hour

Ulf'month

year

How m uch moneyhaveyou made in the last

12

months from any source,before taxes

or

deductions?

1

^ ffi/

How many family members

are

supportedbyor live w ith you? Cy

If a

spouseliveswithyou,howmuchmoney does your spouse make? per hour month year

List

allother moneyyou,or anyone else

living

inyour

household,

hascomingi n ( ^ ^

List

whatyou ownincludingmoney in banks, cars, trucks, othervehicles,land,houses,buildings,cash, or anything

else worth more than 100: Cog ^?a.'(up

List

amounts

you

pay monthly

for

mortgages, rent, car

loans,

credit cards,

child

support, or any other debts:

Iunderstand 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 perjurythatthe

statements

I make in this application aretrue

and

that

I am unable to pay

f or

an attorney to represent me.

Rev.1/6/12


5/34

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.EARL DEAN SCHADE ,

DEFENDANT.

02811 SRCR012558

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 between 125% and 200% of the guidelines, not appointing would causefinancial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

1 of 2

E-FILED 2014 JUN 05 2:29 PM SAC - CLERK OF DISTRICT COURT


6/34

State of Iowa Courts

Case Number Case TitleSRCR012558 STATE VS EARL DEAN SCHADEType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-06-05 14:28:47

2 of 2

E-FILED 2014 JUN 05 2:29 PM SAC - CLERK OF DISTRICT COURT


7/34


THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.SRCR012558

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

EARL DEAN SCHADEE )

)

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

E-FILED 2014 JUN 09 11:20 AM SAC - CLERK OF DISTRICT COURT


8/34

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

EARL DEAN SCHADE,

Defendant.

CASE NO. SRCR012558

TRIAL INFORMATION

COUNT 1

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,

Iowa, and in the name and by the authority of the State of Iowa, accuses defendant,

EARL DEAN SCHADE (Defendant) of the crime of CRIMINAL MISCHIEF IN THE

FOURTH DEGREE, a Serious Misdemeanor in violation of Iowa Code section 716.1,committed as follows: On or about May 25, 2012, in Sac County, Iowa, the

Defendant purposefully punctured (damaged and / or destroyed) a tire on Mindy

Wittrocks car. The Defendant acted with the specific intent to damage and / or

destroy the property. When the defendant damaged and / or destroyed Ms.

Wittrocks tire, Defendant did not have the right to do so.

A TRUE INFORMATION

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

E-FILED 2014 JUL 24 10:19 AM SAC - CLERK OF DISTRICT COURT


9/34

WITNESS LIST

MICHELLE PEDERSEN, Peace Officer, Lake View Police Department

MINDY WITTROCK, Victim, Occupation Unknown

EDWARD ROUSH, Eyewitness, Occupation Unknown

PAYE-LYNNE STRAIGHT, Eyewitness Occupation Unknown



10/34


11/34

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

EARL DEAN SCHADE ,

Defendant.

Case No: 02811 SRCR012558

ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin 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 Hearing isscheduled on 08/06/2014 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



12/34


13/34

IN THE

IOWA DISRICT

COUI{T FOR SAC

COUNTY

STAI'E

OF OWA.

Vs.

L,ARLDEAN

SCHADE

Defendant

DateTrial nlormation

\led:0712412011

COMES

NOW

hcDefendant

n thcabove-captioned

riminal

ase nd

under ath tates:

l.

I am represented

y Attornel

Charles

. Schulte.

'hoscaddress

nd

phone

nurnber

re

421Main St. ,

PO

Box 392.SacCit-v,

A. 50583:

712)

662-1115.

2. My cunent

mailing

and

esidence ddress

nd

phonenumbcrare

121BlossomSt,.

P.O.Box 723.LakeView, A 51450.My phone umbcr s.712-252-9150.y datcof

birth

s 02-06-1960.

can

eadandundcrstand

he

English anguagc

nd havecompleted

the

ollowing

evel ofeducation:

12 Years.

4. I havebeer.r

dvised

)' my attorne.v

ndunderstand

hat

havea right to

arraignment

in openCourt.

and

voluntaril)'

vaive hat ight.

choosing

nstcad osign

his Written

Arraignment

nd

Plcaol Not Guiltl.

I understand

hat

irnes br

ll-rrther

roceedings

which are

computed

iom the

datc of arraignment

will

be

computed

ror.r.rhe date

of

filing this

Written

Anaignnientand

Pleaof

Not Guilty.

5. I hale receivcd copyo1'theTrial Informationwhichchargesme

u'ith the crime

o1 '

COUNT

I: CRIMINAL

MISCHIEF

IN THE

FOURTH DEGREE

in

violation of

lorvaCode

Sect ion

16.1.

6.

With

regard o

the name

b.vnhich

I am charged

n the

Trial lnlbrmation

either heck

a

or

chcck nd

completeb ):

(

Ay'f|rc

name

ol.l he

Trial Inforrriation

s

m.v ruc

name. I have

beenadvised

and

unde[tand

hat

am n61a'

recludedrom objecting

o

the l rial Information

pon he

ground hat anr

mpropcrly

namod.

( )b. fhe nameshorvn n the-frial Informations not my true name.My

true

name

s. I

requesthat

an entr)'be

made n the

minutes

holving

my true

name.

I have

been

dvised

ndunderstand

urther

proceedings

.villbe had

against

me by that

name.

the

lrial

hrlbrmation

vill be

amcnded

ccordingl.v.

nd

whcn he

Trial

Information

s so

amended.

will be

precludediom objccting

upon

hc

grounds am

n]properl.v

anred.

7.

I have

bcen

advised

nd undcrstand

hat

ma v

leadguilt-v. ot

guilty

or

forner

conviction

r acquittal.

CRIMINAI,

O SI{CRO12558

WRI'f1'ENARRAIGNMENT.

PLEAOFNOTGUILTY

E-FILED 2014 AUG 05 9:53 AM SAC - CLERK OF DISTRICT COURT


14/34

8. For

he

purpose fthis arraignment.

have

hadsulllcient ime

to discuss

my case

vith

mv attorney. nd

q'aive

any

urthcr ime

n u'hich o enter

a

plca.

9. I

plcad

NOT

GUILTY

to thc charges

n

paragraph above.

10. I havebcenadvised ndunderstandhat

havca right under

Rule 2.33(2)(b)

fthe

Iov,tt Rules

/ Criminal

Procedure

o a trial

within ninetydays/onc

ear

after

hc filing of

the Trial

Inlbrmation

and

(check

eitl.rer

a

or

b ):

-/''

1ffilI

demand peedy

rial

pursuanto

Rule 2.33(2)(b) nd

c)

(

)

b. I

$'aivcmy

riglrt o a speedy

rial

pursuanto Rule2.33(2)(b)

nd

c)

11.

I requesthat

a trial date

bc set

pursuanto

Rule8.1 ofthe

lon a Rulesof'Criminal

Procedure.

My attorne.v

nd

rvill be available

or

trial on the

ollowing days:

Any

Time.

\ , / ( ) n s . ? / t .

/_ 6c-u

>

>.-UaaP

I )elcndant

Original

to be

filcd with

Clerk of Court

Copy

provided to:

County

Attorncy

Altorney

or Del'endant



15/34

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.EARL DEAN SCHADE ,

Defendant.

Case No: 02811 SRCR012558

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

The defendant having filed a written arraignment in this matter on August 5, 2014.The defendant DEMANDS the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 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 09/30/2014 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



16/34

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



17/34


Case Number Case TitleSRCR012558 STATE VS EARL DEAN SCHADEType: ORDER SETTING TRIAL

So Ordered


3 of 3



18/34


STATE OF IOWA,

Plaintiff,

v.

EAR DEAN SCHADE,

Defendant.

Case No. SRCR012558

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On September 17, 2014, the parties conducted a Pretrial Conference as

ordered, or in anticipation of the same. The State of Iowa appeared by Sac

County Attorney Ben Smith. Defendant appeared by Attorney Chuck Schulte.

The parties, through the undersigned, represent the following to the Court:

A plea agreement has been reached the terms of which are as follows:

Defendant agrees to plead guilty to the amended charge of FIFTH DEGREE

CRIMINAL MISCHIEF (Simple Misdemeanor), pay all costs and restitution, but

no fine. In consideration, the State agrees to recommend the foregoing and that

Defendant NOT be placed on probation.

Defendant intends to submit a written guilty plea by October 1, 2014. Defendant

intends to waive presence at sentencing. Defendant intends to waive time

between plea and sentencing.

__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2014 SEP 17 1:51 PM SAC - CLERK OF DISTRICT COURT


19/34


STATE OF IOWA,

Plaintiff,vs.

EARL DEAN SCHADE ,

Defendant.

02811 SRCR012558

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 either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 10/01/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

1 of 2



20/34


Case Number Case TitleSRCR012558 STATE VS EARL DEAN SCHADEType: OTHER ORDER

So Ordered


2 of 2



21/34


STATE OF IOWA, No. SRCR012558

Plaintiff,

REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIAL

INFORMATION

EARL DEAN SCHADE,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial

Information in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of Count I:CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in

violation of Iowa Code Sections 716.1 and 716.6.

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted

and amended Trial Information.

Prosecuting Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse

100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Fax: 712-662-4123

Email: [email protected] to: PROOF OF SERVICEThe undersigned certifies that the foregoing

instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respective

addresses disclosed on the pleadings on _September 22, 2014

by: [ ] U.S. Mail [x ] EDMS

Signature: /s/Norma Hecht

E-FILED 2014 SEP 22 11:20 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


22/34

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012558

Plaintiff, AMENDED vs. TRIAL INFORMATION

EARL DEAN SCHADE,DOB: 02/06/1960 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, Earl Dean Schade of

the crime ofCRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in violation

of Iowa Code Sections 716.1 and 716.6 committed as follows:

On or about May 25, 2014 in the County of Sac and State of Iowa, the said Defendant,

Earl Dean Schade, did unlawfully and willfully intentionally damage, deface, alter or destroy

tangible property, by purposefully puncturing a tire on Mindy Wittrocks car, and the cost of

replacing, restoring and/or repairing of which is $200 or less.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 SEP 22 11:20 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


23/34


24/34


Type: OTHER ORDER

Case Number Case Title

SRCR012558 STATE VS EARL DEAN SCHADE

So Ordered

Electronically signed on 2014-09-22 14:41:05 page 2 of 2



25/34


26/34


Case Number Case TitleSRCR012558 STATE VS EARL DEAN SCHADEType: OTHER ORDER

So Ordered


2 of 2

E-FILED 2014 OCT 01 10:00 AM SAC - CLERK OF DISTRICT COURT


27/34

IN THE IOWA

DISTRICT COURT

IN AND FOR SAC

COUNTY

STATE

OF IOWA,

Plaintiff,

vs.

EARL

DEANSCHADE,

DOB:02/06/1960

Defendant.

No. SRCR012558

GUILTY

PLEA

(Amended-Simple

isdemeanor)

COUNT

I

I, theundersigned

elendant.

ave arefully

eadand ullyunderstand

he ollowutg:

Iam

charged

with CRIMINAL

MISCFIIEF N

THE FO{IRTH

DEGR-EE, Se. ious

Misdemeanor,

n violationof

Iowa CodeSection

16.1. ln conjunction

itha

PleaAgrecment

made

with hc SacCounty

Attomey whereby

he will arnendCount

I to a chargeof

CRIMINAL

MISCHIEFIN TIIE 1'IFTHDEGREE,a Sirnple

Misdemeanor,

n violationof lowa Code

Sections

16.I and716.6.

I now request

hatmy

plea

ofnot

guilty

be changed

o a Pleaof

Guilty o the

amended harge f'

CRIMINAL

MISCHIEF

lN THE FIFTH DEGREE'

a

Simple

Misdemeanor,

n

violation

f

IowaCodeSections

16. and716.6.

Themaximum

unishnentor a Simple

Misdemeanor

s mprisonmentf

not more han hirty

days n

ail,

anda tineofnot

more han

$625.00

lus

statutory urcharges,

lus

all court

costs

and all

costsand

fees ncuned fbr legalassistance.

here

s a minin.tumine of

565.00,

which

is immediately ue

on the date of sentencing,

nlessa

pa)'ment lan s

approved

by the

court

within

hirtydaysof the Judgment

ntry.

[n

addition,

f thecharge

s a violation f

lowa Code

Chapters ,

24, 55A,453B,713,714,715A,716,or lowaCodeSec t ions719.8 ,725.1 ,7

or'725.3,

here

s an additional urcharge

f

$125.

I ackrowledge

hat he Court

mayorder

me

o

perfonn

community

ervice ork if the court s ofthe opinion hat conxnunity ervice

work will deter

and discourageothers

ftom similar

climrnal activity.

(The

rate at

which

community

erviceshallbe

calculated gainst

my fine shallbe

the federalminimum

wage.) In

addition, may be

required o

pay

correctional

ees

or incarceration nd

enrolln.rentees

or

probation. I am aware

hat sentencing ptions

may

includedeferralof Judgment

nd

Senlence,

he

grant

ofprobation

nd hesuspcnsion

fthe sentence

rrposed.

I

understand

hat a crinxnal

conviction,defened

udgment

or

defenedsentence

may afl'ectmy

status

under

ederal nmigration aws.

If I

pleadnot

guilty, I would be entitlcd o

the lbllowing ights.

I

give

up

these ightsby

pleading uilty:

(l).

The ight o a speedy nd

public

rialby ajury

of twelve

people.

(2).

The ight

o havean attorney epresent

e at

trialand, f the Court

ound

was

unable

o

affordanattorney,

he court

u"ould, t

public

expense,

ppoint n

atlorneyo

represent e.

(3).

At trial, would be

presumed

nnocent

ntilsuch ime,

f ever; he State

established

y

gui l t

belond

reasonableoubt.

(4).

At trial,

a

ury

verdict f

guilty

wouldbave

o be unanimous.

B.

C.

l ) .

E-FILED 2014 OCT 09 2:11 PM SAC - CLERK OF DISTRICT COURT


28/34


29/34

must ile a Motion

in Arrest of Judgment

t least ive days

prior

to sentencing.

The right to

file a Motion

in Arrest of Judgment

will be

waived

by

having he court

imposea sentence

today.

(2).

fthe court

mposes sentenceoday,

will never c able

o challengehis

plea

of

guilty,

and will be

giving

up my right

to

directly

appeal

ny

guilty plea.

I ask

he court o accept

his

plea

ofguilty.

I waive he

precedingightsandmy

right o have

the court address

me

personally

WAIVER OF MOTION

IN ARREST OF

JUDGMENT

lfthe court

accepts

y

plea

of

guilty, wish o be sentencedow.

I understandhat:

1. In order

o contesthis

plea

of

guilty,

must

ile a Motion n Arrestof

Judgment

o later

than 45 daysafter

a

plea

of

guilty and no later han5

days

prior

to

pronouncementf

judgment.

ncl hat he court

villseta sentencingate

nct iess lian iftccn

daysafter

he

date

of its acceptance

f this

guilty plea unless waive

this right, and the

right to file a

Motion

n Arrestof Judgment

ill be waived y

having heCourt

mpose sentenceow.

2. By having

he Courl mpose

my sentenceow,

will never eable

o

challenge

his

plea

of

guilty

and

will

be

giving

up my right

to directlyappealmy

guilty plea.

I hcreby

equest he Court

sentenceme now and

I waive any in.re

o which I may be entitled

for sentencing

t a

laterdate.

WAIVER OF

RIGHT TO BE

PRESENT

I havebeen

ully advised

hat I havea constitutional

ight to be

presentat my sentencing

and

present videncen my own

behalf. understand

hat t is my choice

o be

present

r

not,

and

thalno

onecanexclude

me rom sentencilg.

With the above n n.rind,

nd further understanding

hat my decisron

vhether o be

present

or not

s my own decision,

hereby nou'ingly nd

voluntarily

aive he right o be

present

t my

sentencing.

STATE

OF OWA

SAC

COLINTY

on rhs

4

dty ol

()

6l

.

201,1.

clbrc

me he undersigned,

NotaryPublic

n anc l or said

stut., p"r.onully pp. rra Ei7 t 1a.ho J .

. :, u lr"

SS

known o be

thc dentical

erson amctl n and $hb erecuted

hc oregoi99nstrumcnt, nd

executed

he

samc

fhis voluntary ctanddccd.

that he

Dcfcndant,

arlDeanSchadc

NotaryPublic n and

br he



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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,vs.

EARL DEAN SCHADE ,

Defendant.

02811 SRCR012558

Order Accepting Pleaand Setting Sentencing

NOW on 10th day of October, 2014, the defendant submits a verified Written Plea of guilty. The

defendant is charged with Criminal Mischief in the Fifth Degree, a Simple Misdemeanor, in violation ofSection 716.1 and 716.6, of the Iowa Code.

The defendant states that defendant is ready to plead and enters a plea of guilty. The writtenplea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, withan understanding of the charge, with knowledge of the penal consequences of the plea, with fullknowledge of the defendant's constitutional rights, and that said rights are waived by a plea of guilty,without any threats, improper inducements or persuasion, and the Court finds there is a factual basis

for the defendant's plea of guilty.

The written plea indicates the defendant's informed understanding of defendant's rightscontemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; andState v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea ismade a part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.Sentencing Hearing is scheduled on 10/15/2014 at 10:30 AM at the Sac Co. Courthouse, 100 NW

State St., Sac City, Iowa , in Courtroom 1

To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certifythe defendant's participation in fingerprinting procedures at or before the time set for judgment andsentencing proceedings.

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Case Number Case TitleSRCR012558 STATE VS EARL DEAN SCHADEType: ORDER TO ACCEPT PLEA

So Ordered


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1


STATE OF IOWA,

Plaintiff,

v.

EARL DEAN SCHADE,

Defendant.

SRCR01255

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

DATE: O!t"#e$ 15, 201%

CHARGE: C$i&inal 'i(!)ief, Fift) De*$ee, a (i&+le &i(de&ean"$, in vi"lati"n"f I"a C"de - 1/.1 and 1/./

Defendant )a( filed a $itten *ilt +lea and a aive$ "f Defendant( $i*)t t" #e+$e(ent f"$ (enten!in*. Defendant a(3( t)at t)e +lea t" t)e a#"ve !)a$*e #e a!!e+tedand t)at (enten!e #e i&+"(ed +$(ant t" t)e +lea a$$an*e&ent a*$eed +"n # t)e+a$tie( it)"t t)e f"$&alit "f t)e $e!"$d $e4i$ed # Rle( 2. and 2.10 "f t)e I"aRle( "f C$i&inal P$"!ed$e.

T)e C"$t )e$e# inf"$&( Defendant t)at Defendant( +lea "f *ilt t" t)ea#"ve$efe$en!ed !)a$*e i( a!!e+ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i( ad6di!ated *ilt "f t)e a#"vede(!$i#ed !$i&e and+$(ant t" I"a C"de Se!ti"n 708.1.

2. Defendant i( )e$e# (enten!ed a( f"ll"(9a. Defendant ()all +a finan!ial "#li*ati"n( a( f"ll"(9

:1; a fine in t)e (& "f ($!)a$*e=:8; !"$ta++"inted att"$ne fee( a( !e$tified # !"n(el=:%; a


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2

$e(titti"n a&"nt, it) "$ it)"t a )ea$in* a( t)e C"$tdee&( a++$"+$iate= and

:/; t)e !"$t !"(t( "f t)i( a!ti"n.

Defendant ()all +a t)e(e finan!ial "#li*ati"n( t" t)e Cle$3 "f C"$t

"f t)i( !"nt "$ "nline at .i"a!"$t(.*"v. All (!) finan!ial"#li*ati"n( ()all #e +aid in fll "n "$ #ef"$e t)e 80t)da f"ll"in*t)e filin* "f t)i( O$de$. If t)e finan!ial "#li*ati"n( a$e n"t +aid infll it)in 80 da( "f filin* "f t)i( O$de$, it &a #e !"n(ide$ed avi"lati"n "f t)i( O$de$. In additi"n, +$(ant t" I"a C"de Se!ti"n/02.10, a fail$e t" +a in fll it)in 80 da( &a $e(lt in t)i(!a(e #ein* a((i*ned t" t)e Cent$ali@ed C"lle!ti"n ?nit "f t)e I"aDe+a$t&ent "f Revene "$ it( de(i*nee t" !"lle!t t)e de#t( "ed t"t)e Cle$3 "f C"$t. In t)e event t)i( &atte$ i( a((i*ned f"$!"lle!ti"n, additi"nal fee( &a #e i&+"(ed +$(ant t" la= and

8. T)e C"$t *$ant( t)i( (enten!e #e!a(e it +$"vide( f"$ Defendant($e)a#ilitati"n and t)e +$"te!ti"n "f t)e !"&&nit. T)e C"$t )a( !"n(ide$ed t)e(enten!in* $e!"&&endati"n "f t)e +a$tie(.

%. Defendant )a( a (tatt"$ $i*)t t" a++eal # filin* $itten n"ti!e "f a++ealit) t)e Cle$3 "f C"$t "f t)i( !"nt it)in 80 da( "f t)e date "f t)e(e +$"!eedin*(.If Defendant i( na#le t" +a t)e !"(t( "f a++eal, Defendant &a a++l t" t)e C"$t f"$a++"int&ent "f !"n(el and t)e f$ni()in* "f a t$an(!$i+t "f t)e eviden!e a( +$"vided inI"a C"de Se!ti"n( 1%.7 and 1%.11. Filin* a n"ti!e "f a++eal it)in t)e ti&e and int)e &anne$ (+e!ified in I"a Rle "f A++ellate P$"!ed$e /.101 i( 6$i(di!ti"nal andfail$e t" !"&+l it) t)e(e +$"vi(i"n( ()all +$e!lde Defendant( $i*)t "f a++eal.

5. A++eal "nd i( (et in t)e (& "f


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Type: OTHER ORDER

Case Number Case Title

SRCR012558 STATE VS EARL DEAN SCHADE

So Ordered

Electronically signed on 2014-10-15 13:32:00 page 3 of 3


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