State v Joshua James Skirvin - Srcr012353

8/13/2019 State v Joshua James Skirvin - Srcr012353

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E-FILED 2013 JUL 08 12:42 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

JOSHUA J SKIRVINDefendant

Case No. 02811 SRCR012353

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:HARASSMENT IN THE 2ND DEGREEin violation of Section(s) 708.7B of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on07/16/2013 at 9:30 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 2013 JUL 09 11:05 AM SAC - CLERK OF DISTRICT COURT


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Case ID : 02811 SRCR012353 - STATE VS JOSHUA JAMES SKIRVINEvent Cd : SUMM

JOSHUA J SKIRVIN filed



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

vs. JOSHUA J SKIRVIN , Defendant. Defendant's Correct Address: PO Box 276, WallLake, IA 51466

Case No: 02811 SRCR012353

INITIAL APPEARANCE

Charges:01 - 708.7(3) - HARASSMENT / 2ND DEG. - 1989 (SRMS)

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 Years Prison And/Or $Fine of not less than $315 nor greater than $1,875 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 tampering with a witness and burglary in the first degree charges.If released on bond defendant shall not consume any alcohol or illegal drugs during the pendancy ofthis 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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State of Iowa Courts

Case Number Case TitleSRCR012353 STATE VS JOSHUA JAMES SKIRVIN

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-16 11:43:46

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

DISTRICT CO JH UF luwASAC COUNTY

FILED

2 13 JUL 16 PHI2:3C O U N T Y

STATE O F I O WA orPlaintiff/Petitioner,

Defendant/Respondent.

Criminal Civil

O pdR Q I^a>^ FC0t2s9>S4F INA N CI A L AF F ID AV IT / A P P L I C ATION

FO 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: ^SoS/tfO/? -jT BirthPate: fr//?//f?T

Home Phone:

Street Address:

CeU P h on e ^/ z / 7 ^ 7 - 6 5 7 7 E-mail:.

SlreetfP.O. Box Apt City State Zip

Pending charges: t W l l S & f t l A t t l t ^ f t A f t i 4- p V j * ^ r'lA n \ t \ ( Q i W S>S In Jail? H Yes N o

Do you have a job? Ef^NoJob Yes, Full Time Yes , 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

How much money have you made i n 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? C^P per hour month year

List a ll other money you, or anyone else living in your household, has coming in: /U/vQ-

List what you own including mon^y in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than 100: AS//t

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: /U%Ljf^_

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 affidavit I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay fo r an attorney to represent me.

Dat&~7 ~~ ( (i : \ / ' Signature /^ ^ r ^ ^

Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. JOSHUA J SKIRVIN ,

DEFENDANT.

02811 SRCR012353

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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STATE OF IOWA

Plaintiff

VS

JOSHUA J SKIRVIN

Defendant

02811 SRCR012353

ORDER

The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m.Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to themagistrate.

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Type: OTHER ORDER

So Ordered


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STATE OF IOWA

Plaintiff

VS

JOSHUA J SKIRVIN

Defendant

02811 SRCR012353

ORDER

The court had set this matter for bond review on this date. The accompanying charge has beentranscribed to district court and a bond review set for July 30, 2013. Thid court defers to the districtcourt to set appropriate bond on all pending charges.

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Type: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

JOSHUA JAMES SKIRVIN,

Defendant.

Case No. SRCR012353

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,Joshua Skirvin (defendant) of the crime of HARASSMENT IN THE FIRSTDEGREE , an Aggravated Misdemeanor in violation of Iowa Code Sections708.7(2)(a), 703.1 committed as follows: On or about June 29, 2013, at or around304 Sherwood Street, Wall Lake, Iowa (Sac County), defendant eithercommunicated to Billy Hutchinson and / or aided and abetted Cody Dupres firstdegree harassment of Billy Hutchinson by actively participating with Cody Dupre and/ or knowingly advising or encouraging Cody Dupre to harass Billy Hutchinson beforeor when Cody Dupre did harass Billy Hutchinson, in that defendant helped locateBilly Hutchinson for Cody Dupre and / or drove Cody Dupre to Billy Hutchinson

knowing that Cody Dupre planned to harass Billy Hutchinson and through activeparticipation with Cody Dupre and / or knowingly advising or encouraging CodyDupre that Cody Dupre did in fact harass Billy Hutchinson through personal contact,without legitimate purpose, and in a manner likely to cause Billy Hutchinsonannoyance or harm, a threat to murder Billy Hutchinson, and the defendant did sowith the specific intent to intimidate, annoy or alarm Billy Hutchinson. I OWA CODE 708.7, 708.7(2)(a), 707.2, 702.11(1), 708.7(2)(a), 703.1.

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: ORDER FOR ARRAIGNMENT


So Ordered

Electronically signed on 2013-07-26 11:08:17 page 2 of 2


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STATE OF IOWA,

Plaintiff,

v.


Defen ant.

Ca!e N". SRCR#$%&'&

ORDER NUNC PRO TUNC

T(i! )atte* +a! *ai!e - t(e C" *t, +(i/(, 0"n *evie+in1 t(e *e/"* an ein1a vi!e in t(e 0*e)i!e!, FINDS t(at t(e "* e* !ettin1 a**ai1n)ent 23"* e*45 file(e*ein "n J l- %6, %#$&, ina ve*tentl- in/l e 2 - /(e/7in1 t(e "85 t(e f"ll"+in1lan1 a1e The Defendant shall have No Contact with the victim and witnesseslisted in the witness list attached to the Trial Information in this matter.

IT IS THEREFORE ORDERED t(at t(e a "ve9!enten/e t(at i! itali/i:e an in"l !(all e an i! !t*i/7en an *e)"ve f*") t(e "* e*.

IT IS FURTHER ORDERED t(at in all "t(e* *e!0e/t!, t(e "* e* !(all *e)ain inf ll f"*/e an effe/t.



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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


AGCR012357 STATE VS JOSHUA JAMES SKIRVINFECR012354 STATE VS JOSHUA JAMES SKIRVIN

So Ordered




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E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. JOSHUA J SKIRVIN ,

DEFENDANT.

Case No. 02811 SRCR012353

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 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 2:19 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 2:19 PM 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. SRCR012353

vs. MOTION for ORDER TO DISMISSCount I 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 Count I of the Trial Information the charge of

HARASSMENT IN THE FIRST DEGREE, 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 $100.00 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 8:49 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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

Plaintiff, No: SRCR012353

!"ORDER DIS#ISSCo$nt I of T%ial Info%&ation

JOSHUA JAMES SKIRVIN ,D'f'n(ant"

T)' Plaintiff*! #otion to Di!&i!! +o&'! 'fo%' t)' Co$%t, an( t)' Co$%t )a-in. '/a&in'( t)'

#otion an( t)' fil', FINDS t)at t)' +)a%.' !)o$l( ' (i!&i!!'( $%!$ant to Io a R$l' of C%i&inal

P%o+'($%' 2 14"

IT IS THEREFORE ORDERED t)at t)' a o-' 'ntitl'( +)a%.' ', an( t)' !a&' i! )'%'

(i!&i!!'( an( t)at t)' D'f'n(ant*! on( i! '/on'%at'(, an( all +on(ition! of %'l'a!'" T)i! o%('% (o'! not

aff'+t an ot)'% on( o% +on(ition of %'l'a!' o% %o ation o%('%'( $n('% ot)'% +o$nt!, if an , fil'( in t)i!+a!'"

IT IS FURTHER ORDERED t)at +o$%t +o!t! in t)' a&o$nt of 6100"00 a%' a!!'!!'( to

D'f'n(ant"

IT IS FURTHER ORDERED t)at +o$%t a oint'( atto%n' f''! in t)' a&o$nt a %o-'( t)'

Stat' P$ li+ D'f'n('%*! Offi+' a%' a!!'!!'( to D'f'n(ant"

IT IS FURTHER ORDERED t)at D'f'n(ant !)all a all a&o$nt! %'-io$!l o%('%'( an(a&o$nt! o%('%'( in Sa+ Co$nt Di!t%i+t Co$%t +a!'! FECR012357 an( A8CR01235

a in. $75.00 per month to t)' Sa !o"nt# ! er% o& !o"rt it) a &'nt! to '.in on t)'' (t )a# o& the month follo in. t)i! o%('%, an( !)all +ontin$' on t)' ' (t )a# of 'a+) &ont)$ntil ai( in f$ll" HO*EVER IF THE A+OVE ,A-MENT , AN DOES NOTRESU T IN THE TOTA O+ I/ATIONS +EIN/ ,AID *ITHIN 1 MONTHS OFTHE DATE OF THIS JUD/MENT2 THE +A AN!E IS DUE AT THAT TIME.De&en)ant 3( a)43(e) that 3& one pa#ment 3( m3((e)2 the ent3re o 36at3on e ome(3mme)3ate # )"e.

O%i.inal fil'( ED#S,Co$nt Atto%n'D'f'n(ant*! 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 - Srcr012353

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