FECR012522 - Odebolt man pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf

8/9/2019 FECR012522 - Odebolt man pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf

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E-FILED 2014 MAR 27 11:53 AM SAC - CLERK OF DISTRICT COURT


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

Plaintiff, v. STEPHEN RAY CAMPBELL ,

Defendant.

02811 FECR012522

ORDER

The clerk shall issue a warrant for the defendant's arrest on this charge and FECR012522 subject tothe scheduled bond conditions for these charges.

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E-FILED 2014 MAR 28 3:27 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleFECR012522 STATE VS STEPHEN RAY CAMPBELLType: OTHER ORDER

So Ordered

Electronically signed on 2014-03-28 15:27:57

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

STEPHEN RAY CAMPBELL,

DOB: 05-6-1973

Defendant.

Case No. FECR012522

TRIAL INFORMATION

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,Stephen Ray Campbell (“defendant”) of the crime of POSSESSION OF A

CONTROLLED SUBSTANCE SECOND OFFENSE an Aggravated Misdemeanor in

violation of Iowa Code section 124.401(5), committed as follows: On or about

October 29, 2013, Defendant knowingly or intentionally possessed

methamphetamine, which is a controlled substance, and Defendant knew that the

substance he possessed was marijuana, and Defendant has a prior conviction for

possession of methamphetamine (Crawford County Case No. FECR056461).

____________________________Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse

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

E-FILED 2014 MAY 28 10:24 AM SAC - CLERK OF DISTRICT COURT


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WITNESS LIST

Brian Erritt, Captain, Sac County Sheriff’s Office

Matt Biede, Deputy, Sac County Sheriff’s Office

John Hatterman, Deputy, Sac County Sheriff’s Office

Tory Cudaback, Deputy, Sac County Sheriff’s Office

Joel Burns, Deputy, Sac County Sheriff’s Office

Brian Flikeid, Detective, Storm Lake Police Department

Amanda Kilgore, Criminalist, Iowa DCI

Karen Kahl, Crawford County Clerk of Court



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Type: Approval of Trial Information

Case Number Case Title

FECR012522 STATE VS STEPHEN RAY CAMPBELL

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 2014-05-28 10:24:18 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

STEPHEN RAY CAMPBELL ,

Defendant.

Case No: 02811 FECR012522

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 Hearing isscheduled on 06/18/2014 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



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Type: ORDER FOR ARRAIGNMENT



So Ordered




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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, *

Plaintiff, * No FECR012522 & FECR012292

*

vs. *

* ORDER REVISING BOND

*

STEPHEN RAY CAMPBELL, *

Defendant. *

Before the Court is the Defendant’s motion to revise bond. The State does not

oppose the bond. The Court finds that the motion should be granted.

WH!"#! $T $S #!D!D that Defendant shall be released from %ustod&

on his o'n re%ogni(an%e.

$T $S ")!TH! #!D!D that if Defendant has not been fingerprinted b& the

Sa% Count& Sheriff’s offi%e sin%e %ase "C!+- 'as filed, Defendant shall report to

the Sa% Count& Sheriff’s offi%e for fingerprinting.

E-FILED 2014 NOV 03 3:00 PM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER




So Ordered


E-FILED 2014 NOV 03 3:00 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 NOV 04 8:32 AM SAC - CLERK OF DISTRICT COURT


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In support of m y application for appointment o f

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and under penalty of perjury, the undersigned states:

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STATE OF IOWA,

PLAINTIFF, VS. STEPHEN RAY CAMPBELL ,

DEFENDANT.

02811 FECR012522

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 Peter Goldsmith, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 DEC 18 11:20 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleFECR012522 STATE VS STEPHEN RAY CAMPBELLType: ORDER APPOINTING

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

STEPHEN RAY CAMPBELL ,

Defendant.

02811 FECR012522

ORDER RESCHEDULING ARRAIGNMENT

The Court finds that the arraignment should be rescheduled.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/07/2015

at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that set

forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:

County Attorney

Defendant

Defense Counsel

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Case Number Case TitleFECR012522 STATE VS STEPHEN RAY CAMPBELLType: ORDER FOR CONTINUANCE

So Ordered


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


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


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. STEPHEN RAY CAMPBELL ,

Defendant.

Case No: 02811 FECR012522

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

The defendant having filed a written arraignment in this matter on January 2, 2015. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 02/18/2015 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 03/03/2015 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.

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E-FILED 2015 JAN 05 9:53 AM SAC - CLERK OF DISTRICT COURT


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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

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Case Number Case TitleFECR012522 STATE VS STEPHEN RAY CAMPBELLType: ORDER SETTING TRIAL

So Ordered


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Date: 02/19/2015


State of Iowa

Plaintiff

No.fecr012522

vs.

STEPHEN RAY CAMPBELL

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 photographicequipment

(__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___2/19/2015_____________________

Jesse Helling

Media Coordinator, Region 4

Address: Fort Dodge Messenger

713 Central Ave.

Fort Dodge, IA 50501

Phone: (800)622-6613

Fax: (515)574-4529

E-FILED 2015 FEB 19 4:28 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

No. FECR012522

REPORT OF PRETRIALCONFERENCE

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

and represents the following to the Court:

On February 18, 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, Peter Goldsmith. The parties, throughthe undersigned, represent the following to the Court:

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

Defendant has agreed to plead guilty to Count 1 of the Trial Information,

Possession of a Controlled Substance Second Offense, pay the minimum fine

and all applicable fees and costs, including attorneys fees. In consideration, the

State has agreed to recommend that Defendant receive a suspended sentence,

be placed on probation with the Iowa Department of Corrections, and also

recommend that Defendant’s sentence in Sac County Case No. FECR012292

run concurrent with the sentence imposed herein.

Defendant was recently released from prison and is on parole with the

DOC. The conduct forming the basis for Count 1 of the Trial Information and the

charges in Case No. FECR012292 occurred prior to, and were wholly unrelated

to the conviction that resulted in Defendant’s incarceration.

Defendant intends to submit a written guilty plea by March 4, 2015.Defendant intends to waive presence at sentencing. Defendant intends to waive

time between plea and sentencing.

E-FILED 2015 FEB 20 11:22 AM SAC - CLERK OF DISTRICT COURT


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__________________________

Benjamin John Smith

Sac County AttorneySac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 FEB 20 11:22 AM SAC - CLERK OF DISTRICT COURT


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2RCR15


STATE OF IOWA,

PLAINTIFF,

vs. STEPHEN RAY CAMPBELL ,

DEFENDANT.

Case No. 02811 FECR012522

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 March 2, 2015. If any objection is filed on or before

March 2, 2015, the Court will schedule further proceedings to resolve the dispute. If no

objection is filed on or before March 2, 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

PETER A GOLDSMITH

MEDIA COORDINATOR

STEPHEN RAY CAMPBELL

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So Ordered


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So Ordered


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1


STATE OF IOWA,

Plaintiff,

v.


Defendant.

FECR0!"!!

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: Ma#$% , !0"

CHARGE: P&''e''i&n &f Met%a()%eta(ine, Se$&nd Offen'e, an A**#avatedMi'de(ean, in vi&lati&n &f I&+a C&de !-.-0"/

Defendant %a' filed a +#itten *ilt1 )lea and a +aive# &f Defendant2' #i*%t t& 3e)#e'ent f 'enten$in*. Defendant a'4' t%at t%e )lea t& t%e a3&ve $%a#*e 3e a$$e)tedand t%at 'enten$e 3e i()&'ed )#'ant t& t%e )lea a##an*e(ent a*#eed )&n 31 t%e)a#tie' +it%&t t%e f(alit1 &f t%e #e$d #e5i#ed 31 Rle' !.6 and !.0 &f t%e I&+aRle' &f C#i(inal P#&$ed#e.

T%e C&#t %e#e31 inf(' Defendant t%at Defendant2' )lea &f *ilt1 t& t%ea3&ve7#efe#en$ed $%a#*e i' a$$e)ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

. Defendant i' ad8di$ated *ilt1 &f t%e $#i(e &f P&''e''i&n &fMet%a()%eta(ine, Se$&nd Offen'e, an A**#avated Mi'de(ean, in vi&lati&n &f I&+aC&de !-.-0"/.

!. Defendant i' %e#e31 'enten$ed a' f&ll&+'9a. Defendant '%all )a1 all &f t%e f&ll&+in* finan$ial &3li*ati&n'9

/ a fine in t%e '( &f :;!".00.00<!/ a ="> '#$%a#*e<=/ a :0.00 DARE '#$%a#*e )#'ant t& I&+a C&de Se$ti&n

?.!<-/ a :!".00 la+ enf$e(ent initiative '#$%a#*e )#'ant t&

I&+a C&de Se$ti&n ?.=< and"/ t%e $&#t $&'t' &f t%i' a$ti&n, in$ldin* $&#t7a))&inted

attne1 fee' a' $e#tified 31 M#. @&ld'(it%. T%e C&#t %a'dete#(ined, 31 inf(ati&n )#e'ented 31 t%e )a#tie', t%atDefendant i' a3le t& )a1 $&#t7a))&inted attne1 fee'.

Defendant '%all )a1 all finan$ial &3li*ati&n' &+ed t& t%e Cle#4 &fC&#t &f t%i' $&nt1 &nline at +++.i&+a$&#t'.*&v. All '$%



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3

#e'lt &f t%e evalati&n, all at Defendant' &+n e)en'e. IfDefendant %a' n&t al#ead1 d&ne '&, in de# t& )#&vide )#&&ft%at Defendant %a' nde#*&ne t%e #e5i#ed evalati&n,Defendant '%all )#&$#e f#&( t%e '3'tan$e a3'e evalata lette# +#itten #e)t +%i$% '%all 3e filed +it% t%e Cle#4

&f t%i' C&#t n& late# t%an ! da1' f#&( t%e date t%i' O#de#i' filed. Defendant '%all 3e '38e$t t& #and&( d#* te'tin*a' di#e$ted and #e5e'ted 31 Defendant2' )#&3ati&n')e#vi'< and

/ Defendant '%all $&()l1 +it% all te#(' &f t%i' O#de#,in$ldin* )a1in* all finan$ial &3li*ati&n' and $&()letin* all#e5i#ed ta'4' in a ti(el1 (anne#< and

d. P#'ant t& I&+a C&de Se$ti&n ?0."0/, t%e I&+a De)a#t(ent &fT#an')tati&n t%e IDOT/ '%all #ev&4e Defendant2' d#ive#2'li$en'e (&t ve%i$le &)e#atin* )#ivile*e f a )e#i&d &f &ne%nd#ed ei*%t1 60/ da1', '%all dela1 t%e i''an$e &f a d#ive#2'li$en'e f &ne %nd#ed ei*%t1 60/ da1' afte# Defendant i' fi#'teli*i3le if Defendant %a' n&t 3een i''ed a d#ive#2' li$en'e. IfDefendant2' &)e#atin* )#ivile*e' a#e '')ended #ev&4ed at t%eti(e &f ent#1 &f t%i' O#de#, t%e &ne %nd#ed ei*%t17da1 607da1/#ev&$ati&n )e#i&d '%all n&t 3e*in ntil all &t%e# '')en'i&n' #ev&$ati&n' %ave 3een te#(inated. T%e IDOT '%all n&t i''e ate()a#1 #e't#i$ted li$en'e t& Defendant d#in* t%e #ev&$ati&n)e#i&d +it%&t f#t%e# de# 31 t%i' C&#t.

=. T%e C&#t i()&'e' t%i' 'enten$e 3e$a'e it )#&vide' f Defendant2'#e%a3ilitati&n and t%e )#&te$ti&n &f t%e $&((nit1. 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 31 filin* +#itten n&ti$e &f a))eal+it% t%e Cle#4 &f C&#t &f t%i' $&nt1 +it%in =0 da1' &f t%e date &f t%e'e )#&$eedin*'.If Defendant i' na3le t& )a1 t%e $&'t' &f a))eal, Defendant (a1 a))l1 t& t%e C&#t fa))&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' 6-.? and 6-.. 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#&$ed#e ;.0 i' 8#i'di$ti&nal andfail#e t& $&()l1 +it% t%e'e )#&vi'i&n' '%all )#e$lde Defendant2' #i*%t &f a))eal.

". A))eal B&nd i' 'et in t%e a(&nt &f :!,"00.00, $a'% '#et1.;. An1 $a'% 3ail )&'ted 31 Defendant &n Defendant2' 3e%alf 31 a t%i#d

)a#t1 t%at %a' a$4n&+led*ed a*#eed t%at t%e (&ne1 )&'ted $an 3e a))lied t&+a#dDefendant2' finan$ial &3li*ati&n' '%all 3e a))lied t&+a#d Defendant2' finan$ial&3li*ati&n'. All $a'% 3ail #e(ainin*, if an1, afte# )a1(ent &f Defendant2' finan$ial&3li*ati&n' and all $a'% 3ail )&'ted 31 a t%i#d )a#t1 t%at %a' n&t a$4n&+led*ed a*#eed t%at t%e (&ne1 )&'ted $an 3e a))lied t&+a#d Defendant2' finan$ial &3li*ati&n'



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Type: OTHER ORDER



So Ordered




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IN TH E IOW DISTRICT

OURT

IN

ND FOR

S C

OUNTY

STATE OF

IOWA

Plaintiff,

ORDER FOR FINGERPRINTING

Criminal No.

Vs

The Court

determines

that

the Defendant has not been fingerprinted

in

connection

with

this

criminal proceeding.

IT IS

T H E R E F O R E O R D E R E D pursuant

to Iowa Code Section

690.2 that

the Defendan

shall be

fingerprinted

at the Sac County Sheriffs

Office

and those prints submitted to the

Department

of

Public

Safety.

The defendant shall telephone the Sheriffs Office (712)-662-7127 to

make arrangements

and have fingerprints taken within tjhirty (30) days of the

date

o f this order.

Failure

ofthe Defendant

to be fingerprintedwithin thirty (30)

days ofthe

date of this orde

shall constitute illegal resistance to an Order of the Court, and a warrant may

issue

pursuant to

Section 665.7 o f the Code of Iowa to bring the Defendant before the Court forthwith to show caus

against

punishment for contempt.

If

the defendant is currently being held in a Correctional Facility other than Sac County, suc

facility shall

fingerprint

the Defendant and mail said

fingerprints

to the Sac County Sheriffs Offic

for submission.

SO O R D E R E D this 8 ^ day of

_

Copies:

County

A tty

Defendant / Defense A tty

2

n

Judicial District

-

Iowa

roiice

department

Correction Facility—Records

Dept.

SOft

County Jail

FECR012522 - Odebolt man pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf

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