Lake View man fined $200 for no valid driver's license

E-FILED 2013 DEC 07 5:39 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 09 9:22 AM SAC - CLERK OF DISTRICT COURT

BAIL BOND

STATE OF IOWA, COUNTY OF

STATE OF IOWA VS.

Before (Judge, Magistrate)

Criminal Case No.

BAIL BOND Defendant

An indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of

on the Q. day of charging

_with the crime of.

(designating it as in the warrant, indictment, or complaint), and such person having been duly admitted to bail in the sum of

DOLLARS:

We, Defendant, and

Seneca Insurance Company Surety, hereby undertake that the said

Court of the County of

, Defendant, shall appear at the —District

, on the Up day of Dfl-C -e. lYîÛr 20 and

answer the said indictment (or charge), and submit to the orders and judgment of said court, and not depart without leave of same,

or if such person fails to perform either of these conditions, that such person will pay to the State of lowa the sum of

(Insert the sum in which the Defendant is admitted to bail)

Defendant

/ Surety

Acknowledged before and accepted by me at

in the County of

20.

LEDERMAN BAIL. BONDS 712 Sycamore Street Waterloo, IA 50703

319-233-6624

-this

in the Township of

day of

(Signature)

(Official title)

\ WARNING! DO NOT ACCEPT THIS DOCUMENT UNLESS YOU CAN SEE-A TRUE WATERMARK AND VISiBLE FIBERS FROM BOTH SIDES."

POWER OF ATTORNEY VALID IF POSTED BY:

INSURANCE COMPANY. INC

f ISO WATER ST., NEW YORK, MY 10038

[WER A M O U N T S ^ 6,000 POWER NO. S Q 5

July 1, 2014

02087297 OW ALL MEN BY THESE PRESENTS that Seneca Insurance Company, Inc., a corporation duly organized and existing under the laws ofthe State of New York, has constituted and appointed, and

does hereby constitute and appoint the named Executing Agent its true and lawful Attorney-in-Fact, with full power and authority to sign the company's name and affix its corporate seal to, and deliver on its behalf as surety, any and all obligations as herein provided, and the execution of such obligations in pursuance of these presents shall be as binding upon the company as fully and to ail intents and purposes as if done,by the regularly elected officers of said company at its home office in their own proper person; and the said company hereby ratifies and confirms all and whatsoever its said Executing Agent may lawfully do and perform in the premises by virtue of these presents. . . . . . . . . . - . . . .

The obligation of the company shall not exceed the sum of . / S I X T H O U S A N D D O L L A R S

The authority of the Executing Agent under this Power of Attorney islimited to appearance bonds only and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitation, fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of Attorney is for use with Bail Bonds only and is void if altered, erased, or used with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or Civil Bonds. A separate Powerof Attorney must be attached-' to each bond executed' STACKING OF POWERS IS STRICTLY PROHIBITED! No more than one power from this Surety may be used to execute any one bond. Powers of Attorney must not be returned to Executing Agent, but should remain a permanent part ofthe court records. / \ I IF BOND FORFEITS, attach a copy ofthis Power of Attorney to the forfeiture notice and mail to SENECA INSURANCE COMPANY, INC., ATTN: BAIL BOND DEPT., 160 WATER ST., 16TH FL.,

\ i ^ J * A~ - ^ - ~ SA J NEW YORK, NY 10038 and the Executing Agent named below at:

rreirure notice ana man to &tiNt,UA iiNauKAfNut LUivit/AiNY, IINU..

IN WITNESS WHEREOF, Seneca Insurance Company, Inc. has caused these presents to be signed by its duly authorized Executing Agent and Attorney-in-Fact, proper for the purpose

_<g> day of Od.c*.rt\ h3Jr <=2& *3 { and its corporate seal to be hereunto affixed this_ ^ vi Ol

.Premium Charged $. ) Bond Amount $

Defendant _

-D)t>TtLiCT V

Appearance Date _ . Time & - 3 Q

D.O.B. . Case No..

Court .

C i t y . 5 Ar. c try . State . Jêv JO A~

Charge .

Charge

I//A!£ tiuJiL f ftAil/lj^.-n County . SAC,

y " Charge / C

Attorney-in-Fact

If rewrite, Original No. Amount $

Executing Agent License No.

ketary Chairman.

MARC T.A. WOLIN DOBGLAS M. LIBBY ^—I

, FOR STATE USE ONLY NOT VALID IF USED IN FEDERAL COURT

IT IS UNLAWFUL TO PRINT OR REPRODUCE THIS FORM.

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. SHAUN MICHAEL CORNELIUS , Defendant.

Case No: 02811 AGCR012473

INITIAL APPEARANCE

Charges:01 - 321.561 - DRIVING WHILE BARRED HABITUAL OFFENDER - 1978 (AGMS) The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail 2 Years Prison And/Or $a fine of not less than $625 nor greater than $6,250 plus 35% surcharge andcourt costs. 4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther 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: Surety bond to continue. Defendant shall not drive while barred. Defendant shall not use any alcoholor illegal drugs during the pendency of this matter. 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 01/06/2014 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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State of Iowa CourtsCase Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUSType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-12-16 08:53:40

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DISTRICT COUKI OF tO^ IOWA DISTRICT COURT FOR SAC COUNTY SAC.CWjHTY

STATE OF IOWA,

PLAINTIFF

2013 DEC 16 ftrl 8:59

NO. Ataww)^ vs. APPLICATION TO WAIVE

ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses.

2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me.

3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice.

4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney.

Dated this (2.—^-Q

Defendant

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012473 Plaintiff, vs. TRIAL INFORMATION

SHAUN MICHAEL CORNELIUS,DOB: 02/11/1989 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, Shaun Michael

Cornelius of the crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARREDUNDER SECTION 321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in

violation of Iowa Code Sections 321.560 and 321.561 committed as follows:

The said Defendant, Shaun Michael Cornelius, on or about December 7, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the

state while license has been barred for being a habitual offender under section 321.555 and

321.556 of the Code of Iowa.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 JAN 08 8:55 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

2

NAMES OF WITNESSES- AGCR012473:

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OFTRANSPORTATION


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUS

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 2014-01-08 08:55:41 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs SHAUN MICHAEL CORNELIUS , Defendant.

Case No: 02811 AGCR012473 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 01/15/2014 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 shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney


State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUS

So Ordered

Electronically signed on 2014-01-08 08:55:41 page 2 of 2

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

Plaintiff,

vs. SHAUN MICHAEL CORNELIUS,

Defendant.

COMES NOW the Defendant in the above-captioned criminal case and under oath states:

1. I have been informed of my right to be represented by an Attorney, and decline to be represented by an attorney and I wish to proceed ProSe.

2. My current mailing and residence addresses and telephone number are:

Telephone: 7f2- $G<?-aX<S>f

My date of birth is fc^fV^y / / ^ / ^ t f ?

3.1 can read and understand English language and have completed the following level of education: /-/''tyk ScUuef .

4. I have been advised by the Sac County Attorney and understand that I have a right to arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this Written Arraignment and Plea of Not Guilty.

5. I have received a copy of the Trial Information which charges me with the crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER SECTION 321.560 AS A HABITUAL OFFENDER an Aggravated Misdemeanor, in violation of Iowa Code Sections 321.560 and 321.561. I have read it and I have familiarized myself with it contents.

6. With regard to the name by which I am charged in the Trial Information (either check "a" or check and complete "b"):

a. The name on the Trial Information is my true name. I have been advised and understand that I am now precluded from objecting to the Trial Information upon the grounds that I am improperly named.

( ) b. The name shown on the Trial Information is not my true name. My true name

* No. AGCRO12473 I*

WRITTEN ARRAIGNMENT 0 1

PLEA OF NOT GUILTY 5 ProSe <jp

•cr

* * * * *

is . I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had against me by that true name, the Trial Information will be amended accordingly, and when the Trial Information is so amended, I will be precluded from objecting upon the grounds I am improperly named.

7. I have advised and understand that I may plead guilty, not guilty or former conviction or acquittal.

8. For the purpose of this arraignment, I have had sufficient time to contemplate my case, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge in paragraph 5 above.

10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the Trial Information and (check either "a" or "b"):

(x ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).

( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).

11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal Procedure. I will be available for trial on the following days: g ̂ V

J Defendant, Shaun Michael Cornelius

STATE OF IOWA ) ) SS

SAC COUNTY )

On this I ̂ day of J S a ^ ^ f y 2014, before my the undersigned, a Notary Public, in and for said State, personally appeared

^ n Q i m ClrtftîlAiU , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.

Notary Public in and for the State of Iowa

Original e-filed Copy to be provided to:

Sac County Attorney Defendant

SHELLEY BASS Clerk of District Court - Designee

Sac County

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. SHAUN MICHAEL CORNELIUS , Defendant.

Case No: 02811 AGCR012473 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 15, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 02/19/2014 at 11:30 AM at the SacCo. 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 THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 03/04/2014 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 theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany 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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State of Iowa CourtsCase Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUSType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2014 FEB 19 5:06 PM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. SHAUN MICHAEL CORNELIUS , Defendant.

02811 AGCR012473

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 03/19/2014 at11:00 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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State of Iowa CourtsCase Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUSType: OTHER ORDER

So Ordered


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STATE OF IOWA, Plaintiff, vs. SHAUN MICHAEL CORNELIUS , Defendant.

02811 AGCR012473

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 04/02/2014 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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E-FILED 2014 MAR 19 2:18 PM SAC - CLERK OF DISTRICT COURT


So Ordered


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E-FILED 2014 MAR 19 2:18 PM SAC - CLERK OF DISTRICT COURT

2RCR18


STATE OF IOWA, PLAINTIFF, VS. SHAUN MICHAEL CORNELIUS , DEFENDANT.

Case No. 02811 AGCR012473 O R D E R

The Defendant failed to appear for the further proceedings hearing scheduled

for April 2, 2014. A warrant should now issue for the Defendant's arrest to secure

his 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 $2,000.00 cash only.

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

SAC COUNTY SHERIFF

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E-FILED 2014 APR 02 9:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUSType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered


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E-FILED 2014 APR 02 9:53 AM SAC - CLERK OF DISTRICT COURT

DISTRICT I'UUHi' Ur IOWA SAC COUNTY

FILED

20UMAY 12 AH 8:08

EN THE IOWA DISTRICT COURT FOR. Sac COUNTY

STATE OF IOWA or

vs.

PlaintifE'Petitioner,

Defendant/Respondent.

^ Criminal Civil

NO. ftGCKOIZHHft

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

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

Name: [ fcfr . A i f , H .41X BirthDate: L ^ I l i l ? ! Home Phone: Cell Phone: E-mail:

Street Address: ,. JC> < Street/P.O. Box Apt # City

Pending charges:

Do you have a job? • No Job ^ Yes, Full Time • Yes, Part Time (List Hours/week:

Who do you work for? j--/ ...» ' •<. f f K > ,1- {':•'?' &\ t?'V'rl

How much money do you currently make before taxes or deductions? :"!

State Zip

In Jail? i f V e s • No

)

per El" hour • month • year

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

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

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

List all other money you, or anyone else living in your household, has corning in:

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

I|ist amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: I

I'I'-I. ^ t / H \ - " /

I understand 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 perjury that the statements I make in^this Application are true and that I am unable to pay for an attorney to represent me. ^ . / if

Date Signature nr. JO .... r'r..\.

Rev. 1/6/12

E-FILED 2014 MAY 12 8:09 AM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, PLAINTIFF, VS. SHAUN MICHAEL CORNELIUS , DEFENDANT.

02811 AGCR012473

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Chuck Schulte, a contract attorney, is appointed.

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State of Iowa CourtsCase Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUSType: ORDER APPOINTING

So Ordered


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STATE OF IOWA, No. AGCR012473Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONSHAUN MICHAEL CORNELIUS,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation 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:FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING AMOTOR VEHICLE, a Scheduled Violation in violation of Iowa Code Section321.174(1) for the reasons of the circumstances of the facts of the case, and in thefurtherance of justice.

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 substitutedand amended Trial Information.

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012473 Plaintiff, AMENDED vs. TRIAL INFORMATION

SHAUN MICHAEL CORNELIUS,DOB: 02/11/1989 Defendant.

COUNT ICOMES 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, Shaun Michael

Cornelius of the crime of FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILEOPERATING A MOTOR VEHICLE, a scheduled violation, in violation of Iowa Code

Section 321.174(1) , committed as follows:

The said Defendant, Shaun Michael Cornelius, on or about December 7, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a

public highway without a valid driver’s license.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]




THE STATE OF IOWA, )

Plaintiff ) AGR102473

)

Vs. ) MOTION FOR RELEASE

)

SHAUN MICHAEL CORNELIUS

Defendant

______________________

COMES NOW the defendant by his Attorney, Charles A. Schulte, and states:

1. The defendant is presently held in the Sac County Jail on a warrant issued for his

failure to enter a guilty plea as agreed pursuant a plea bargain with the Sac

County Attorney.

2. The defendant has now executed a written guilty plea pursuant to the plea bargain

and has agreed to pay a fine, surcharges, costs and restitution for court appointed

attorney fees. No jail time is required.

3. The defendant should be released.

WHEREFORE: The defendant prays the Court for an Order releasing him from

custody.

Respectfully submitted,

/s/ Charles A. Schulte

Schulte Law Firm, L C

421 Main St., P.O. Box 392

Sac City, IA 50583

(712) 662-4715



STATE OF IOWA, PLAINTIFF, vs. SHAUN MICHAEL CORNELIUS , DEFENDANT.

02811 AGCR012473

ORDER TO AMEND

THIS MATTER COMES before the Court this 13th day of May, 2014. The Court FINDS that thecharge against Defendant herein should be amended as specified in the State's Motion. IT IS THEREFORE ORDERED that the charge herein is amended. Copies to:County AttoneyDefense Counsel or Defendant

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So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. SHAUN MICHAEL CORNELIUS , Defendant.

02811 AGCR012473

ORDER

The Court finds that the terms of Defendant's release should be modified as provided herein.

IT IS, THEREFORE, ORDERED that the terms of Defendant's release prior to trial are herebymodified such that Defendant is to be released on his own recognizance.

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So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,VS.

SHAUN MICHAEL CORNELTUS,DOB: 02 l l l /1989

Defendant.

No. AGCR0l2473GUILTY PLEAAMENDED

COUNT I

I, the undersigned Def'endant, have carefully read and fully understand the following:

I am charged with driving while Barred-Habitual Ofl'ender, an Aggravated Misdemeanor, inviolat ion of lowa Code Scct ion 321.555(l)(b), pursuant to Sect ion 321.561. In conjunct ionwith a Plea Agrecment madc with the Sac County Attomey whereby he will amend Count I to acharge of FAILURE TO HAVE VALID LICENSE OR PERMIT WHILE OPERATINGA MOTOR VEHICLE in violation of lorva Code Section 321,174(1). I now request thatmy plea of not guilty be changed to a Plca of Guilty to the amended charge.

For this offense there is a scheduled fine of$200.00, plus the 35% surcharge in the amount of$70.00, the $5.00 County Enforcement Surcharge, and couft costs which are inmediately dueon the date ofsentencing, unless a paltnent plan is approved by the court within thirty days ofthe Judgmer.rt entry. I acknowledge that, the Court may order me to perfbrm communityservice work if the Court is of the opinion that community service work will deter anddiscourage others li'om similar criniinal activity. (The rate at which community seruice shallbe calculated against my tlne shall be the federal minimum wage.) ln addition, I may berequired to pay correctional fees for incarceration and enrollment fees for probation. I amaware that, sentencing options n.ray include defbrral of judgment and Sentence, the grant ofprobation and the suspension ofthe sentence imposed.

I understand that, a criminal conviction, defened judgment or defened sentence may affect mystatus under federal immigration laws.

If I plead not guilty, I would be entitled to the following rights. I give up these rights byplcading guilty:( I ). The right to a speedy and public trial by a jury of twelve people.(2). The right to have an attorney represent me at trial and, if thc Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorncy to represent me(3). At trial, I would be presumed innocent until such time, if ever; the Statc established myguilt beyond a reasonable doubt.(zl). At trial, a jury vcrdict of guilty would have to bc unanimous.(5). At triat, I would have the privilege against self-incriminatron, that is, I cannot be lbrced totestify, and if I choose not to testily, the State may not conxnent on thc fact ofmy failure to

B.

C.

D.

E-FILED 2014 MAY 13 1:50 PM SAC - CLERK OF DISTRICT COURT

testif,/ and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt liom my failure to testi!.(6). At trial, the State would have to conliont me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7). At trial, I would be entitled to present witnesses to testifo on my behalf and tocompulsory process to secure those witnesses.

E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right totrial, and will be treated as if I had been tried and found guilty by a jury.

F. The Court, in detcrmining whether there is a factual basis for this plea of guilty, may makesuch a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to rccitc and summarize the material factsthat would be offbred at trial.

The Court has the discretion to accept or reject any plea agreement made between the Stateand myself The plea agreement is: The County Attorney will request the charse beamended to Failure to have a Valid License or Pemit While Operating a Motor Vehicle. ascheduled violation. in violation of lowa Code Section 321.174(1). and I will plead guiltv tothe amended charge. I will oay a fine in the amount of$200.00. plus the 35% surcharge. the$5.00 County Enlorcement Surcharge. coufi aDDointed attomey fees. and court costs: to bepaid by paying $50.00 oer month beginning on the l5'r' da)' of the month following theJudgment entry. and to continue of the l5'" day of each month thereafter until paid in full. Iunderstand that if one pa).,ment rs missed. the entire amount becomes past due.

This plea agreement includes that I will be responsible to pay couft costs, payrnent of all costsand fees mcurred fbr legal assistance, victim restitution, correction (iail) fee for any jail timeand all surcharges and mandatory punishments (see paragraph B) applicable to my caseI now state to thc Court that I am, in fact GUILTY and that no threats or promises have beenmade to induce me to enter my plea of guilty. I have been informed that the elements of thecrime are: A person who fails to have a valid license or permit lvhile operating a motorvehicle on a public roadlvay,I understand the nature ofthe charge against me.This offense was committed by me in Sac County Iowa by my doing the following: !!!g!

I hereby state that I submit this wntten plea of guilty with full knowledge and waiver of my rightsand t do so lieely and voluntarily. No threats havc been made against me to obtain this guiltyplea. No promises of leniency or fbvorable treatment have been rnade, except for any plea bargaindisclosed to the Coufi at the time of this guilty plea.G. if the Coufi accepts my plea of guilty, I rcalizc:

(l). Thc Court will set a sentencing date not less than fifteen days after the date of itsacceptancc of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Jr"rdgment at least live days prior to sentencing. Thc right to

on or about the 7'" dav of December 2013. fail to have a valid license or nermit whileooerating a motor vehicle on a public roadwav.


file a Motion m Arrest of Judgment will be waived by having the Court impose a sentencetoday.(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty,and I will be giving up my right to directly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to havethe Court address me personally.

WAIVER OF MOTION IN ARREST OF JUDGMENTIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:l. ln order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later

than 45 days after a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the court will set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plca unless I waive this right, and the right to file aMotion in Arrest of Judgment will be waived by having the court impose a sentence now.

2. By having the court imposc my scntence now, I will never be able to challenge this plea ofguilty and I will be giving up my right to directly appeal my guilty plea.

I hereby request the coud sentence me now and I waive any time to which I may be entitledfor sentencurg at a later date.

WAIVER OF RTGHT TO BE PRESENTI have been fully advised that I have a constitutional right to be present at my sentencing

and present evidence in my own behalf. I understand that it is my choicc to be present or not, andthat no one can exclude n.re liom sentencing.

With the above in murd, and further understanding that my decision whether to be presentor not is my own decision, I hereby knowingly and voluntarily rvaive the right tg be present at mysentencmg.

STATE OF IOWA

SAC COLINTYSS

On this I ,/ day ofState, persorally appearedknown to be the identical person nalned in and whoexecuted the same ofhis voluntary act and deed.

2014 hcn'r!_]]le the under.rgned. a Notary Public in artd for saidto Jnethat he


IOWA DISTRICT COURT FOR SAC COUNTYZSCHED

STATE OF IOWA, Plaintiff, vs SHAUN MICHAEL CORNELIUS , Defendant.

02811 AGCR012473

Sentencing Order

Charge(s): Ct. Code Description01 - 321.174(1) - NO VALID DRIVERS LICENSE The defendant appears and pleads guilty. The Court Orders that the Defendant pay a fine of $200.00, a criminal penalty surcharge of$70.00 and the court costs of this case. Pursuant to Iowa Code Section 911.4, the Court also Orders that the defendant be assessed theCounty Enforcement Surcharge of $5.00. This judgment shall be paid in installments of not less than $50.00 per month beginning nolater than 06/12/2014. Payments shall be made at the office of any Clerk of Court or online atwww.iowacourts.gov. Appearance bond, if any, is exonerated. A party takes an appeal by giving notice orally to the magistrate at the time judgment is renderedthat the party appeals or by filing with the clerk of the district court not later than ten (10) days afterjudgment is rendered a written notice of appeal.

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State of Iowa CourtsCase Number Case TitleAGCR012473 STATE OF IOWA VS. SHAUN MICHAEL CORNELIUSType: ORDER OF DISPOSITION

So Ordered


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