012525 SRCR - Ida Grove Woman Enter Alford Plea to Serious Misdemeanor Possession of Marijuana

8/11/2019 012525 SRCR - Ida Grove Woman Enter Alford Plea to Serious Misdemeanor Possession of Marijuana

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E-FILED 2014 MAR 27 3:39 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,v.MELISSA SUE HOUK ,

Defendant.

02811 SRCR012525

ORDER

A warrant shall issue for the defendant's arrest in this matter and SRCR012525 subject to thescheduled bond conditions.

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State of Iowa Courts

Case Number Case TitleSRCR012525 STATE VS MELISSA SUE HOUKType: OTHER ORDER

So Ordered

Electronically signed on 2014-03-28 15:29:06

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E-FILED 2014 APR 01 8:16 AM SAC - CLERK OF DISTRICT COURT


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

vs.

MELISSA SUE HOUK , Defendant.

Case No: 02811 SRCR012525

INITIAL APPEARANCE POSSESSION OF MARIJUANA

Charges:01 - 124.401(5) - POSSESSION OF A CONTROLLED SUBSTANCE (SRMS)Defendant appeared on April 1, 2014 on this charge.

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 can

and 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 $a fine not to exceed $1,000 plus 35% surcharge and court costs.

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

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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 04/28/2014 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

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Case Number Case TitleSRCR012525 STATE VS MELISSA SUE HOUKType: HEARING FOR INITIAL APPEARANCE

So Ordered


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In

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applicationfor appointment of counsel,and under penalty of perjury, the undersignedstates:

Name:

Birth Date: J 2 r l

Home

Phone: Ce l lPhone: E-mail:

StreetAddress:M , 0 9 C ^ n /

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Howmuch money have you made in the last 12 monthsfromany source, before taxes or deductions?

How

many

family

members are supported by or

l ive

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you? I

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aspouselives with you,how much money does your spouse make? per hour month year

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other money

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pay monthly for mortgages, rent, car loans,

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t cards,child support, or any other debts:

I understand I may be required to repay the State for al l 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 perjury

that

the

statements

I make in this application are true

and

that

I am unable to pay for an attorney to represent me.

Date H - K o l Signature

Rev.

I/6/I2


10/51


11/51


Case Number Case TitleSRCR012525 STATE VS MELISSA SUE HOUKType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.MELISSA SUE HOUK ,

DEFENDANT.

02811 SRCR012525

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 James A. Schall (712) 291-6807, a contract attorney, is appointed.

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Case Number Case TitleSRCR012525 STATE VS MELISSA SUE HOUKType: ORDER APPOINTING

So Ordered


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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012525

Plaintiff,

vs. TRIAL INFORMATION

MELISSA SUE HOUK,DOB: 07/15/1979 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, Melissa Sue Houk of

the crime ofPOSSESSION 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, Melissa Sue Houk, on or about February 13, 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 SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123

Email: [email protected]

E-FILED 2014 APR 28 3:18 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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2

THE STATE OF IOWA vs. MELISSA SUE HOUK

Criminal No. SRCR012525

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

NAMES OF WITNESSES:

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT

C.S. A JUVENILE, STUDENT



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Type: Approval of Trial Information

Case Number Case Title

SRCR012525 STATE VS MELISSA SUE HOUK

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 2014-04-28 15:18:32 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

MELISSA SUE HOUK ,

Defendant.


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 05/07/2014 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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E-FILED 2014 MAY 07 11:31 AM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.MELISSA SUE HOUK ,

Defendant.


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

The defendant having filed a written arraignment in this matter on May 7, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 06/18/2014 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 06/24/2014 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.

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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 TitleSRCR012525 STATE VS MELISSA SUE HOUKType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

MELISSA SUE HOUK,

Defendant.

Case No. SRCR012525

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On June 18, 2014, the parties conducted a Pretrial Conference as ordered or in

anticipation of the same. The State appeared through Sac County Attorney Ben

Smith. The Defendant appeared through Attorney James Schall. The parties,

through the undersigned, represent the following to the Court:

A plea agreement has been reached the terms of which are as follows: (1)

The Defendant agrees to enter an Alford plea to Count 1 and (2) pay the

minimum fine and all applicable costs and fees, and the State (3) agrees to

recommend that Defendant receive a deferred judgment, (4) recommend

Defendant be placed on informal probation through the Sac County Probation

Office, and dismiss the companion citation SMCR012524 with costs to

Defendant.

Defendant intends to submit a written guilty plea by July 14, 2014. Defendant

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


E-FILED 2014 JUN 20 8:24 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.

MELISSA SUE HOUK ,

Defendant.

02811 SRCR012525

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 07/16/2014 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.

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So Ordered


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STATE OF IOWA,

Plaintiff,

v.

MELISSA SUE HOUK,

Defendant.

Case No. SRCR012525

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On July 15, 2014, the parties conducted a Pretrial Conference as ordered or in

anticipation of the same. The State of Iowa by Sac County Attorney Ben Smith.

The defendant was represented by Attorney James Schall. The parties, through

the undersigned, represent the following to the Court: A request to reschedule

the Pretrial Conference is hereby made by the parties. The highly extenuatingcircumstances that warrant rescheduling the Pretrial Conference are as follows:

defendant and defendants attorney, up to this point, have been unable to meet

so that defendant can sign / execute the proposed guilty plea and probation

agreement prepared by the State. Defendant intends to have the written guilty

plea filed on or before August 6, 2014.

__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791


E-FILED 2014 JUL 16 4:30 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.

MELISSA SUE HOUK ,

Defendant.

02811 SRCR012525

ORDER



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So Ordered


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2RCR18


STATE OF IOWA,

PLAINTIFF,

VS.

MELISSA SUE HOUK ,

DEFENDANT.

Case No. 02811 SRCR012525

O R D E R

The Defendant failed to appear for the further proceedings hearing scheduled

for August 5, 2014. A warrant should now issue for the Defendant's arrest to secure

her appearance for those proceedings.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.

Bond on that warrant shall be $1,000.00 cash or surety.

2. When the Defendant has been arrested and is available for the further

proceedings proceedings, the State shall so notify the Court. The further

proceedings hearing will then be rescheduled.

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH

JAMES A SCHALL

SAC COUNTY SHERIFF

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E-FILED 2014 AUG 06 10:34 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSRCR012525 STATE VS MELISSA SUE HOUKType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered


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C O N T I N E N T A L H E R I T A G E

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P O W E R O F A T T O R N E Y .

AgencyName

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Box 12

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34/51

ContinentalHeritage

Insurance

Co.

6140ParklandBlvd.,Ste 321

Mayfield Hts.. OH44124

(440) 229-3420 (866) 489-6639

POWER

OFATTORNEY

POWERNO-

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a corporation duly organized and

existing

under the laws of theStateofFloridaand by the

authority of the

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adopted by theBoardof

Directors

by unanimous written consent on January 26, 1993,

which

said

Resolution

has not been amended or rescinded, does constitute and

appoint and by

these

presentsdoes make, constitute and appoint the namedagentitstrueandlawfulAttorney-in-Factforiland in its name, place and stead, to execute, seal and deliverforand

on its behalf and as its act and deed, as surety, abailbondonly. Authorityofsuch Attorney-in-Factislimitedto appearance bonds and cannot be construed toguaranteedefendant's future lawful

conduct, adherence to travel

limitations, fines,

restitution, payments or penalties, or any other

condition

imposed by a court notspecificallyrelated to court appearance.

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only.Not

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used once.

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and provided thisPower-of-Anomeyisfiledwiththe bond and retained as a part of the court records. The saidAttorney-in-Factis hereby authorized to insert in thisPower-of-Attorneythe

name of the person on whose behalf this bond was given.

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Case No.

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35/51



36/51



37/51


STATE OF IOWA,

Plaintiff,vs.

MELISSA SUE HOUK ,

Defendant.

02811 SRCR012525

ORDER



1 of 2

E-FILED 2014 AUG 07 12:19 PM SAC - CLERK OF DISTRICT COURT


38/51



So Ordered


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39/51


STATE OF IOWA,

Plaintiff,vs.

MELISSA SUE HOUK ,

Defendant.

02811 SRCR012525

ORDER



1 of 2



40/51



So Ordered


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41/51


STATE OF IOWA,

Plaintiff,vs.

MELISSA SUE HOUK ,

Defendant.

02811 SRCR012525

ORDER



1 of 2



42/51



So Ordered


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47/51

1


STATE OF IOWA,

Plaintiff,

v.

MELISSA SUE HOUK,

Defendant.

SRCR01!!

RECORD OF ALFORD PLEA ANDDEFERRED JUDGMENT ORDER

DATE: A"#"$t 0, 01%

CHARGE(S): P&$$e$$i&n &f Ma'i("ana, a $e'i&"$ )i$de)ean&', in vi&lati&n &fI&*a C&de + 1%.%01!-

Defendant a$ filed a *'itten Alf&'d /lea and a *aive' &f Defendant$ 'i#t t& e/'e$ent f&' $enten2in#. Defendant a$3$ tat te Alf&'d /lea t& te a&ve 2a'#e ea22e/ted and tat $enten2e e i)/&$ed /"'$"ant t& te /lea a''an#e)ent a#'eed "/&n4 te /a'tie$ *it&"t te f&')alit4 &f te 'e2&'d 'e5"i'ed 4 R"le$ .6 and .10 &f teI&*a R"le$ &f C'i)inal P'&2ed"'e.

Te C&"'t e'e4 inf&')$ Defendant tat Defendant$ Alf&'d /lea t& te a&ve7'efe'en2ed 2a'#e i$ a22e/ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i$ #'anted a defe''ed ("d#)ent /"'$"ant t& I&*a C&deSe2ti&n$ 801.! and 809.:.

. Defendant $all /a4 all &f te f&ll&*in# finan2ial &li#ati&n$;a. P"'$"ant t& I&*a C&de Se2ti&n 809.1%, a 2ivil /enalt4 &f


48/51

2

a. Defendant i$ /la2ed &n inf&')al /'&ati&n t& te Sa2 C&"nt4P'&ati&n Offi2e >te P'&ati&n S"/e'vi$&'?- f&' a /e'i&d &f &ne1- 4ea' f'&) te date &f filin# &f ti$ O'de'=

. Defendant $all f&ll&* all te')$ and 2&nditi&n$ i)/&$ed 4 te

P'&ati&n S"/e'vi$&' tat te P'&ati&n S"/e'vi$&' dee)$a//'&/'iate. In additi&n t& an4 te')$ and 2&nditi&n$ i)/&$ed 4te P'&ati&n S"/e'vi$&', te C&"'t $/e2ifi2all4 i)/&$e$ all &f tef&ll&*in# additi&nal te')$ and 2&nditi&n$;

1- Defendant $all )a3e in7/e'$&n 2&nta2t *it te P'&ati&nS"/e'vi$&' *itin $even 9- da4$ &f te filin# &f ti$ O'de' t&$i#n "/ f&' /'&ati&n and $i#n an4 /'&ati&n $"/e'vi$i&na#'ee)ent 'e5"e$ted 4 te P'&ati&n S"/e'vi$&'.Telephone con!c "# no #$%%"c"en=

- Defendant $all &e4 all la*$=

:- Defendant $all e e)/l&4ed f"ll7ti)e, attendin# $2&&l f"ll7ti)e, &' en#a#ed in a f"ll7ti)e 2&)inati&n &f e)/l&4)entand $2&&l attendan2e d"'in# te /e'i&d &f /'&ati&n=

%- Defendant i$ /'&iited f'&) 2&n$")in# &' /&$$e$$in#al2&&l &' an4 ille#al d'"# &' an4 d'"# f&' *i2 Defendantd&e$ n&t ave a valid /'e$2'i/ti&n. In additi&n, Defendant i$/'&iited f'&) ein# at an4 l&2ati&n *e'e al2&&l &' ille#al

d'"#$ a'e /'e$ent, 'e#a'dle$$ &f *ete' Defendant i$a2t"all4 in /&$$e$$i&n &f &' 2&n$")in# $"2 al2&&l &' ille#ald'"#$. Ti$ /'&iiti&n d&e$ n&t /'&iit Defendant f'&)ein# at a /"li2 l&2ati&n e.#., 'e$ta"'ant- *e'e al2&&l i$$e'ved, $& l&n# a$ te /'i)a'4 /"'/&$e &f te e$tali$)enti$ n&t te $e'vin# &f al2&&l and Defendant i$ n&t 2&n$")in#&' in /&$$e$$i&n &f al2&&l at tat l&2ati&n=

!- If Defendant a$ n&t al'ead4 d&ne $&, Defendant $all"nde'#& a $"$tan2e a"$e eval"ati&n and f&ll&* an4'e2&))endati&n$ f&' t'eat)ent &' 2&"n$elin# )ade a$ a

'e$"lt &f te eval"ati&n, all at Defendant@$ &*n e/en$e. IfDefendant a$ n&t al'ead4 d&ne $&, in &'de' t& /'&vide /'&&ftat Defendant a$ "nde'#&ne te 'e5"i'ed eval"ati&n,Defendant $all /'&2"'e f'&) te $"$tan2e a"$e eval"at&'a lette' &' *'itten 'e/&'t *i2 $all e filed *it te Cle'3&f ti$ C&"'t n& late' tan 1 da4$ f'&) te date ti$ O'de'i$ filed= and



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B- Defendant $all 2&)/l4 *it all te')$ &f ti$ O'de',in2l"din# /a4in# all finan2ial &li#ati&n$ and 2&)/letin# all'e5"i'ed ta$3$ in a ti)el4 )anne'.

%. Te C&"'t #'ant$ ti$ defe''ed ("d#)ent e2a"$e it /'&vide$ f&' te'eailitati&n &f Defendant and f&' te /'&te2ti&n &f te 2&))"nit4. Te C&"'t a$2&n$ide'ed te 'e2&))endati&n &f te /a'tie$ *it 'e$/e2t t& di$/&$iti&n. Te te')$ &fti$ O'de' a'e a//'&/'iate in li#t &f te 'elevant fa2t$, in2l"din# Defendant@$ 2'i)inal'e2&'d, &' la23 te'e&f, and&' te 2i'2")$tan2e$ &f te 2a$e.

!. D"e t& te fa2t tat ("d#)ent a$ een defe''ed, a//eal 'i#t$ d& n&ta//l4.

B. Defendant i$ advi$ed tat, in te event Defendant d&e$ n&t f"lfill te2&nditi&n$ &f /'&ati&n, in additi&n t& /&tential 2&nte)/t &f 2&"'t $an2ti&n$, te C&"'t)a4 'ev&3e Defendant$ /'&ati&n, 'ev&3e Defendant$ defe''ed ("d#)ent, and i)/&$ean4 $enten2e a"t&'ied 4 la*.

9. An4 2a$ ail /&$ted 4 Defendant &' &n Defendant$ ealf 4 a ti'd/a't4 tat a$ a23n&*led#ed &' a#'eed tat te )&ne4 /&$ted 2an e a//lied t&*a'dDefendant$ finan2ial &li#ati&n$ $all e a//lied t&*a'd Defendant$ finan2ial&li#ati&n$. All 2a$ ail 'e)ainin#, if an4, afte' /a4)ent &f Defendant$ finan2ial&li#ati&n$ and all 2a$ ail /&$ted 4 a ti'd /a't4 tat a$ n&t a23n&*led#ed &'a#'eed tat te )&ne4 /&$ted 2an e a//lied t&*a'd Defendant$ finan2ial &li#ati&n$i$ e'e4 e&ne'ated and $all e 'et"'ned t& te /e'$&n /&$tin# te 2a$ ail. All n&n72a$ ail &nd$ /&$ted, if an4, a'e e'e4 e&ne'ated.

6. P"'$"ant t& te /lea a#'ee)ent, Ca$e &. SMCR01!% i$ di$)i$$ed.C&$t$ a'e taed t& Defendant.

Cle&' Sh!ll F$&n"#h Cop"e# To:C&"nt4 Att&'ne4Defen$e C&"n$elP'&ati&n S"/e'vi$&'



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Type: OTHER ORDER



So Ordered




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