Odebolt Man Pleads Guilty to 2 Counts of Harassment 1st Degree

7/27/2019 Odebolt Man Pleads Guilty to 2 Counts of Harassment 1st Degree

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E-FILED 2013 JUL 08 12:40 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

CODY ANTHONY DUPREDefendant

Case No. 02811 SRCR012355

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 11:04 AM SAC - CLERK OF DISTRICT COURT


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Case ID : 02811 SRCR012355 - STATE VS CODY ANTHONY DUPRE

Event Cd : SUMM

CODY ANTHONY DUPRE filed



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IN T H E I O W A DISTRICT C O U R T F O R Sac

DISTRICT COUfM Of |fjiy,4SAC COUNTY. FILED2013 JUL 16 PMI2:3!

C O U N T Y

S T A T E O F I O W A orPlaintiff/Petitioner,

Deferraant/Respondent.1--'

Criminal CivU

F I N A N C I A L A F F I D A V I T / A P P L I C A T I O NFO 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 fo r appointment of counsel, and under penalty of perjury, the undersigned states:Name:Home Phone: Cell Phone: 6 60 ' E-mail:Street Address: 3i

Street/P.O.Box Apt# City State ZipPending charges: ^ f l / T r S & W X P i A T ^ A A ^ r . V ^ U )) U ) V k v g S InJail? GTYes NoDo you have a job? No Job ^2 Yes, Full Time Yes , Part Time (List Hours/week: )

llWho do you work for?Ho w much money do you currently make before taxes or deductions? per ID hour month yearHow much money have yo u made in the last 12 months from an y source, before taxes or deductions? \Ho w many familymembers are supported by or live withyou? _If a spouse lives with you, how muchmoneydoes your spouse make? 0 per hour month yearList all other money you, or anyone else living in your household, hascoming in :

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: f * m n I r,v i/- / 7 u r

List amounts yo u paymonthly fo r mortgages, rent, car loans, credit cards, child support, or any other debts: / O

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.

Date ' SignatureRev. 1/6/12


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

Plaintiff,

vs.

CODY ANTHONY DUPRE ,Defendant.

Case No: 02811 SRCR012355

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 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:

One Year County Jail

Years Prison

And/Or $a 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 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:

Defendant shall be held pending his posting a cash bond in the amount of $2,000 to cover both thischarge and the tampering with a witness aggravated misdemeanor charge. If defendant is releasedhe shall not consume any alcohol or illegal drugs ane he 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 hearing

is: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 THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10

DAYS 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 TitleSRCR012355 STATE VS CODY ANTHONY DUPRE

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-16 12:51:44

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.CODY ANTHONY DUPRE ,

DEFENDANT.

02811 SRCR012355

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 Charles Schulte, a contract attorney, is appointed.

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Type: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.SRCR012355

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

CODY ANTHONY DUPRE )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on

behalf of the above-named defendant and on behalf of the defendant, waives preliminary

hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney



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STATE OF IOWA

Plaintiff

VSCODY ANTHONY DUPRE

Defendant

02811 SRCR012355

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

VSCODY ANTHONY DUPRE

Defendant

02811 SRCR012355

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.

CODY ANTHONY DUPRE,

DOB: 09/25/1990

Defendant.

Case No. SRCR012355

TRIAL INFORMATION

COUNT 1

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac CountyIowa and in the name and by the authority of the State of Iowa, accuses defendant,

Cody Dupre (defendant) of the crime of HARASSMENT IN THE FIRST DEGREE,

an Aggravated Misdemeanor in violation of Iowa Code Sections 708.7(2)(a),

committed as follows: On or about June 29, 2013, at or around 304 Sherwood

Street, Wall Lake, Iowa (Sac County), CODY DUPRE, communicated to Billy

Hutchinson through personal contact, without legitimate purpose, and in a manner

likely to cause Billy Hutchinson annoyance or harm, a threat to murder Billy

Hutchinson, and the defendant did so with the specific intent to intimidate, annoy or

alarm Billy Hutchinson. IOWA CODE 708.7 (2013).

COUNT 2

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,

Cody Dupre (defendant) of the crime of HARASSMENT IN THE FIRST DEGREE,

an Aggravated Misdemeanor in violation of Iowa Code Sections 708.7(2)(a),

committed as follows: On or about June 29, 2013, at or around 304 Sherwood

Street, Wall Lake, Iowa (Sac County), CODY DUPRE, communicated to Laurie

Hutchinson through personal contact, without legitimate purpose, and in a manner

likely to cause Laurie Hutchinson annoyance or harm, a threat to murder and / or

willfully injure her son, Billy Hutchinson, causing him serious injury, and the

defendant did so with the specific intent to intimidate, annoy or alarm Laurie

Hutchinson. IOWA CODE 708.7 (2013).


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A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County Attorney

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


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Type: Approval of Trial Information

Case Number Case Title

SRCR012355 STATE VS CODY ANTHONY DUPRE

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 2013-07-30 08:47:34 page 3 of 3



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STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012355

Plaintiff,

vs.CODY ANTHONY DUPRE,

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

ROYCE KEMMANN, OFFICER, Lake View Police Department

LAURIE ANN HUTCHINSON

EDWARD LUTZ

KENNETH THIBODEAU

BRADLEY HUTCHINSON

BILLY HUTCHINSON



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STATE OF IOWA,Plaintiff,

VS.

CODY ANTHONY DUPRE,Defendant.

CRIMINAL NO. SRCR012355

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13thday ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws, and defendantshall have no contact with any of the named-victims or witnesses in thismatter.

The Defendant shall be on pre-trial supervision to the Second Judicial District

Department of Correctional Services.Other:



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWA,

Plaintiff,

v.

CODY ANTHONY DUPRE,

Defendant.

Case No. AGCR012356

FECR012340

SRCR012355

ORDER ON BOND REVIEW HEARING

This matter came before the Court for a bond review hearing. The Court, upon

reviewing the record and being advised in the premises FINDS and ORDERS

defendants bond is set at $2,000.00, cash or surety.

IT IS FURTHER ORDERED that if defendant is released on bond, the defendant

shall abide by the following terms and conditions of release.

1. The defendant shall have no contact (personal or otherwise), either directly or

indirectly, with any of the named-witnesses or alleged victims in FECR012340,

AGCR012356, and SRCR012355. The County Attorney shall prepare a secure

attachment to this order listing the names and addresses of the protected witnesses

and victims in each of the aforementioned cases.

2. The defendant shall been inside his residence between and including the

hours of 10:00 pm CST until 5:00 a.m. CST.

3. The defendant shall not consume any alcohol.

4. The defendant shall not have any further violations of the law.

5. Once filed, the Clerk shall take a paper copy to the Sac County Jail with

instructions that it be given to defendant prior to his release.



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Type: OTHER ORDER


AGCR012356 STATE VS CODY ANTHONY DUPRE

SRCR012355 STATE VS CODY ANTHONY DUPREFECR012340 STATE VS CODY ANTHONY DUPRE

So Ordered




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E-FILED 2013 AUG 12 2:01 PM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.CODY ANTHONY DUPRE ,

DEFENDANT.

Case No. 02811 SRCR012355

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 demands the right to speedy trial.

4. Defendant is represented by Mr. Charles Schulte.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall 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 ATTORNEY

CHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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IN THE IOWA DISTRICTCOURT N AND FORSACCOL]NTYSTATEOF OWA,Plaintift,vs.

CODY ANTHONY DUPRE.DOB: 09/25l1990,Dcfendant.

No. SRCR012355GUILTYPLEAAggravated isdemeanorCount andCount I

COUNT II, the undersignedDefendant,have carefully ead andfully understand he following:

A. For Count , I am cliargedwith HARASSMENT IST DEGREE, an AggravatedMisdemeanorin violation of Iowa Code Section708.7(2)(a). now request hat my plea of not guilty bechangedo a Pleaof Cuilty.B. The above-statedffense s an AggravatedMisdemeanor hich carriesa maximumpenaltyofimprisonment ot to exceed wo (2 ) yearsand a $6,250 ine,plusstatutory urcharges;furtherunderstandhat he minimum ine s $625plusa surcharge f 35%; and hat I maybe required omake restitution of pecuniarydamages o any victim of this crime and of court appointedattorney ees, f any, and pay the court costs. In addition, f the charge s a violationof CodeChapters 24,155A,4538,713,714,715A,716, r Iowa CodeSect ions19.8,725.1,725.2,r725.3, here s an additional urcharge f$125. ln addition, maybe required o paycorrectionalfccs for incarceration nd eruollmen t ees fbr supervised robation. I have likewisebeenuformed of all other sentencurg ptions that may be available o the Court, includingbut notlimited o the deferralof Judgment nd Scntence,hc grantof probationand he suspensionf

sentencemposed.C. I understand hat a criminal conviction, deferuedudgment or dcferred sentencemay affect mystatus nder ederal mmigrationaws.D. if I pleadnot guilty, would be entitled o the ollowing ights. I giveup these ightsby pleadinggullty:(1 . The right o a speedy ndpublic rialby a ury of twelvepeople.(2). The right to havean attomey epresentme at trial and, f the Court found was unable oaffordan attorney,he Court would, at publicexpense, ppoint n attorney o represent e.(3). At trial, I would be presumednnocentuntil such ime, if ever, he State establishedmy guilt

beyond reasonableoubt.(4). At trial, a ury verdictof guiltywould have o be unanrmous.(5). At trial, I would have he privilege gainst elf-incrimnation,hat is, I cannotbe forced otcstify,and f I choosenot to testifi, the Statemay not commenton the fact of my failure otestifuand,at my request, would be entitled o a ury instruction tating hat the ury couldno turferguilt lrom my failure o testily.(6). At triat, he Statewould have o conliontme with witnessesponwhose estimonyt reliedto obtain onviction, nd would have he right o crossexaminehosewitnesses.

E-FILED 2013 OCT 14 4:10 PM SAC - CLERK OF DISTRICT COURT


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L,,

F.

(7). At trial, I would be entitled o presentwitnesseso testii/ on my behalfand o compulsoryprocesso securehosewltnesses.By pleadingguilty, therewill not be a trial of any kind. By pleadingguilty, I waive my right totrial, andwill be treatedas f I hadbeen ried and found guilty by a ury.The Court, in detenniningwhether here s a factualbasis or this pleaof guilty, may makesuchadetcrminationby examiningthe Minutes of Tcstimony attached o the Trial Information, byrcviewing he investigative eports of law enforcement gentswho have nvestigatedhe offense,or by asking me or counsel o recite and summarizehe material acts that would be offeredattrial.

The Court has hc discretion o accept r rejectanypleaagreement adebetweenhe Stateand myself The plea agreement s:recommended entencewill be to the custodv of the Director of the Iowa Department ofCorrections for an inde

a period of two years. I understand that I will be siven credit fo r iail time previouslvserved. hat I will be elisible for the Sac Countv Jail Work ReleaseProsram. and that Iwill start servins the iail sentence n November 25, 2013 at 8:00 a'm. The iail sentencervill run concurrentlv with the iail sentenceordered in Count Il. and will also runconcurrentlv rvith any iail sentence ordered in Sac Countv District Court caseAGCR012356and iail time ordered n the contempt/revocation roceeding n Sac CountvDistrict Court case#F8CR012240. The Countv Attornev rvill recommend hat the fine inthe amount of $625.00be susDended. will pay court costsand court apDointedattorneyfees: o be paid as ordered bv the court, Anv no contact order previouslv ssued n thismatter shall remain in effect or the length of mv probation.This plea agreement ncludes hat I rvill bc responsible o pay Court costs, pal,rncntof allcostsand f-eesncurred br legal assistance,ictim restitution,conection fiail) fee for any ail timeandall surchargesndmandatory unishmentsseeparagraph ) applicableo my case.I now state o the Court hat am, n fact GUILTY and hatno threats r promises avebeeu

made o induceme to entermy plca of guilty. I havebeen nfbrmed hat thc elements f thecrime are: A communicationo anotherperson hroughpersonal ontact.without legitilnatepurpose.and in a manner ikely to causeannovance r halm to another,with Defendanthavingthe specific ntent o uttimidate. nnoyor alarmsuchperson. I understandhe natureof thechargeagainstme.This offensewas committed by me in Sac County Iowa by my doing the follorving: I did13.at oStreet n Wall Lake lowa. bv mv communication o Billv Hutchinson. throush oersonalcontact. without a legitimatepurpose.and in a manner likelv to causeBillv Hutchinsonannovanceor harm. to wit: I made a verbal threat to kill Billv Hutchinson. with thespecific ntent to intimidate, annoy or alarm Mr. Hutchinson.

G.



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H.

COUNT III, the undersignedDefendant,have carefully ead and fully understand he following:

For Count l, I am chargedwith HARASSMENT lST DEGREE, an AggravatedMisdemeanorin violationof Iowa Codc Section708.1(2)(a). now request hat my plea of not guilty bechangedo a Pleaof Guilty.The above-stated ffense s an Aggravated Misdemeanorwhich carries a maximumpenaltyofimprisonment ot to exceed wo (2) yearsand a $6,250fine,plus statutory surcharges; furtherunderstandhat he minimum ine s $625plusa surcharge f 35%; and hat may be required omake restitution of pecuniary damages o any victim of this crime and of court appointedattomey ees, f any, andpay the court costs. In addition, l the charge s a violationof CodeChap te rs24 , 55A , 53B , 13 , 11,715A,716,r owaCodeSec t ions19 .8 ,725 .1 ,725 .2 ,r725.3, here s an additional urcharge f $125. n addition, maybe required o paycorrectionalfees for incarceration and enrollment fees for superwised robation. I have lkewise beeninformed of all other sentcncir.rg ptions that may be available o the Court, including but notlimited to thc deferral of Judgmentand Sentence, he grant of probationar.rdhe suspension fsentencemposed.I understand hat a criminal conviction, deferred udgment or defened sentencemay affect mystatus nder bderalmmigrationaws.If l pleadnot guilty, rvouldbe entitledo the ollowing ights. I giveup these ightsby pleadrngguilty:(l). The right o a speedy ndpublic rialbya juryof twelvepeople.(2). The right to havean attorney epresent e at trial and, f the Court found was unable oaffordan attomey. heCourtwould, at publiccxpense, ppoint n attorney o represent e(3). At trial, I wouldbe presumednnocent ntil such ime, f ever, he Stateestablished y guiltbeyond reasonableoubt.(4). At trial, a ury verdictof guiltywould have o beunanimous.(5). At tria l, I would have he privilege gainst elf-incrimination,hat is, I cannotbe forced otestifu,and if I choosenot to testily, he Statemay not cornment n the fact of my failure otesti$ and,at my request, would be entitled o a ury instruction tatlng hat the ury couldnotinferguilt from my lailure to testi ly.(6). At tr ial, he Statcwould havc o conliontme with witnesses pon whose estirnonyt reliedto obtam onviction, nd would have he ight o crossexaminehosewitnesses.(7). At trial, I r.vould e entitled o presentwitnesseso testilyon my behalfand o compulsoryprocesso securehosewitnesses.By pleadingguilty, therewill not be a trial of any kind. By pleadingguilty, I waive my right totrial,andwill be treated s fI hadbeen ried and oundguiltyby a ury.The Courl, in detemriningwhether here s a lactual basis br thispleaof guilty, may make suchadeterminationby examining he Minutes of Testimony attached o the Trial Information, byreviewing he nvestigativeeportsof law enforcementgentswho haveurvestigatedhe offense,or by askingme or counsel o reciteand summarizehe material acts hat would be offeredattrial.

I .

J .

K.

L.M.



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The Court has he discretion o acceptor reject any plea agreementmade between he Stateand myself The plea agreement s: For Count ll. I will plead suiltv as charqed. Therecommended entencewill be to the custodv of the Director of the lowa Department ofCorrections for an indeterminate term of up to two (2) vearsl said sentence o besuspended ith the exceptionof |nv servingsixtv (60) davs n the Sac Countv Jail. I willbe placedon probation to the 2'o Judicial District Deoartmentof CorrectionalServicesora neriod of two years. I understand that I will be given credit fo r iail time previouslvserryed.hat I will be elisible for the Sac Countv Jail Work ReleaseProeram. and that Iwi l l start senins the iai l sentence n November25.2013 at 8:00 a.m. The iai l sentencervill run concurrentlv lvith the iail sentenceordered in Count I. and will also runconcurrentlv with any iail sentence ordered in Sac Countv District Court case

the amount of $625.00be suspended. will pay court costsand court appointedattornevfees: o be paid as ordered bv the court. Anv no contact order previouslv ssued n thismanner shall remain n effect or the length of mv probation.

This plea agreement ncludes hat I will be respo sible to pay court costs,payrnentof allcostsand 'eesncurred br legalassistance,ictim estitution, onection .1ail)ee or anyjail imeandall surcharges nd mandatorypunishmentsseeparagraphB) applicable o my case

I now state o the Coufi that am, n fact GUILTY and ha tno threats r promises avebeenmade o induceme to entermy plca of guilty. I havebeen nformed hat the elements f thecrime are: A communicationo anotherperson hrough personal ontact.without legitimate

cnarge [arnstme.N. This offensewas committed by me in Sac County lowa by my doing the following: I did

Street n Wall Lake lowa, by mv communication o Laurie Hutchinson. hrough Dersonalcontact.without a legitimate purpose.and in a manner likely to causeLaurie Hutchinsonwillfullv iniure Ms. Laurie Hutchinson'sson. Billy Hutchinson,with the specific ntent tointimidate.annov or alarm Ms. Hutchinson.I hereby tate hat I submit his writtcnpleaof guiltywith full knowledge ndwaiverof my rights

and I do so liecly and voluntarily. No threatshavebeenmade againstme to obtain his guilty plea.No promisesof leniency or favorable treatment have been made, except for any plea bargaindisclosedo the Courtat the time ofthis guiltyplea.Ifthe Courtacceptsmy plesof guilty, realize:

(l ). The Courtwill seta sentencingatenot less han iftecndaysalier the dateof its acceptanceof thisguilty pleaunless waive his right. ln order o contest hisplea of guilty, I must ile aMotion ur Arrest of Judgmentat least ive daysprior to sentencirg. The right to file a Motion rnArrestofJudgrnentwill bewaivcdby having he Court mposca sentenceoday.



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(2). If the Court imposes sentenceoday, will neverbe able o challengehis pleaof guilty,and will be givingup my right to directly appealmy guilty plea.I ask the Coufi to acr:ept his plea of guilty. I waive the preceding ights and my right to havethe Court addressme personally.

WAIVER OF MOTION IN ARREST OF JUDGMENTIfthe Court acceptsmy pleas f guilty, wish o be sentencedow. I understand:l. In order o contest hese leasof guilty, must ile a Motion in Arrest of Judgment o laterthan 45 days after a plea of guilty and no later than 5 days prior to pronouncementofjudgment,and that the Court will set a sentencing ate not less hanfifteen daysafter the date

of its acceptancef thisguilty pleaunless waive his right, and he right to file a Motion inArrest of Judgmentwill be waived by having he Court imposea sentence ow.2. By having he Court mposemy sentenceow, I will neverbe able o chal lengehese leas f

guilty and I will be giving up my right to directlyappealmy guilty plea.I hereby equest he Couft sentenceme now andI waive any time to which I may be entitled orsentencingt a laterdate.

WAIVER OF RIGHT TO BE PRESENTI have been ully advised hat I have a constitutional ight to be presentat my sentencing ndpresentevidencen my own behalf I understand hat it is my choice o be presentor not, and thatnoonecanercludeme romsentencing.With the above n mind, and further understandinghat my decisionwhether o be presentor

not is my own decision, hcrebyknowngly and voluntarilywaive thc to be presentat mysentenclng.

STATEOF OWASACCOUNTY

on hi,14 duvof flri--p c r s o n a l l yp p e i r r ( o ' u J r ' __ - [ -identical erson amed n and vlo executedhehisvoluntaryctanddeed.

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2013before .rehe undersigned, NotaryPublic n and or saidState,, -- Dq n V C .' to me known o be theo executedhe Vegoingnstrurnent,ndacknowledgedhglheexecutqlhesaneof

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STATE OF IOWA, No. SRCR012355

Plaintiff,

vs. JUDGMENT ENTRY AGGRAVATED MISDEMEANOR

Count I and Count IICODY ANTHONY DUPRE,

DOB: 09/25/1990,

Defendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State is

represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and

is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty

herein, which has been reviewed by this Court and is incorporated herein by this

reference, knows of no legal cause why judgment should not now be entered, and noneappears upon the record. Where upon, the Court finds that the plea of guilty was entered

into voluntarily and that Defendant understood his rights which he is waiving, including

the right to a trial by jury, the right to call witnesses on his behalf, the right to confront

and cross examine witnesses, and other rights. The Court finds that the Defendant

established a factual basis for the plea of guilty. The Court, therefore, accepts

Defendants plea of Guilty and finds that Defendant is guilty of the crime

HARASSMENT 1ST DEGREE, an Aggravated Misdemeanor in violation of Iowa

Code Section 708.7(2)(a).

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE

COURT, pursuant to Sections 708.7(2)(a), 901.5, and 903.1, of the Code of Iowa, thatDefendant be sentenced to:

1. The custody of the Director of the Iowa Department of Corrections for an

indeterminate prison term of up to two (2) years, which all but sixty (60) days shall be

suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for

time served. Said jail sentence shall run concurrently with jail sentence ordered in Count

II of the above entitled matter; and any jail sentence ordered in Sac County District Court

case AGCR012356 and any jail sentence ordered in the contempt/revocation proceeding

in Sac County District Court case #FECR012240.

a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m.

b. Defendant is eligible for the Sac County Jail Work Release Program.

c. Defendant shall also be assessed the correctional fee charged by the Sac

County Sheriffs Office of $55.00 per day.

d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on

November 25, 2013 as ordered, the Sac County Sheriff is ordered at his

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT


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convenience, to pick up Defendant to serve said jail time.

2. Defendant is placed on probation to the Second Judicial District Department of

Correctional Services, for a period of time not to exceed two (2) years.

a. Defendant shall contact the Second Judicial District Department ofCorrectional Services within five days of this judgment entry to commence

probation and pay the required probation fee.

b. Defendant shall obey all Federal, State, and local laws and ordinances.

c. Defendant shall timely pay all amounts ordered by this Judgment.

3. The fine in the amount of $625.00 is hereby suspended.

4. Defendant shall keep the Clerk of Court notified as to any change in address until all

obligations of this case have been completed.

COUNT II

BE IT REMEMBERED that this matter came on for sentencing. The State is

represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and

is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty

herein, which has been reviewed by this Court and is incorporated herein by this

reference, knows of no legal cause why judgment should not now be entered, and none

appears upon the record. Where upon, the Court finds that the plea of guilty was entered

into voluntarily and that the Defendant understood his rights which he is waiving,

including the right to a trial by jury, the right to call witnesses on his behalf, the right to

confront and cross examine witnesses, and other rights. The Court finds that the

Defendant established a factual basis for the plea of guilty. The Court, therefore, accepts

the Defendants plea of Guilty and finds that Defendant is guilty of the crime

HARASSMENT 1ST DEGREE, an Aggravated Misdemeanor in violation of Iowa

Code Section 708.7(2)(a).

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE

COURT, pursuant to Sections708.7(2)(a), 901.5, and 903.1, of the Code of Iowa, that

Defendant be sentenced to:

1. The custody of the Director of the Iowa Department of Corrections for an

indeterminate prison term of up to two (2) years, which all but sixty (60) days shall besuspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for

time served. Said jail sentence shall run concurrently with jail sentence ordered in Count I

of the above entitled matter; and any jail sentence ordered in Sac County District Court

case AGCR011356; and any jail sentence ordered in the contempt/revocation proceeding

in Sac County District Court case #FECR012240.

a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m.



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b. Defendant is eligible for the Sac County Jail Work Release Program.

c. Defendant shall also be assessed the correctional fee charged by the Sac

County Sheriffs Office of $55.00 per day.

d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on

November 25, 2013 as ordered, the Sac County Sheriff is ordered at his

convenience, to pick up Defendant to serve said jail time.

2. Defendant is placed on probation to the Second Judicial District Department of

Correctional Services, for a period of time not to exceed two (2) years.

a. Defendant shall contact the Second Judicial District Department of

Correctional Services within five days of this judgment entry to commence

probation and pay the required probation fee.

b. Defendant shall obey all Federal, State, and local laws and ordinances.

c. Defendant shall timely pay all amounts ordered by this Judgment.

3. The fine in the amount of $625.00 is hereby suspended.

4. Defendant shall keep the Clerk of Court notified as to any change in address until all

obligations of this case have been completed.

IT IS FURTHER ORDERED Defendant shall pay the court costs herein and

the court costs of any action dismissed pursuant to the plea agreement herein; in the

amount of$100.00; to be paid as ordered by the court.

IT IS FURTHER ORDERED Defendant shall make restitution for his courtappointed attorney fees, in the amount of $204.00; to be paid as ordered by the court.

IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered

by this Judgment and all amounts ordered in Sac County District Court cases

AGCR012356 and FECR012340, by paying $100.00 per month to the Sac County

Clerk of Court with payments to begin on the 15th day of the month following this

order, and shall continue on the 15th day of each month until paid in full.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT

IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE

DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME.

Defendant is advised that if one payment is missed, the entire obligation

becomes immediately due.



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IT IS FURTHER ORDERED that any no contact order previously issued in this

matter shall remain in full force and effect during Defendants probationary period.

Defendant having appeared and sentence being pronounced, IT IS

FURTHER ORDERED that any balance of appearance bond is released after

application to fine, surcharge, court costs, attorney fees, and restitution.

Defendant is advised of the right to appeal this judgment and sentence and of

the right to apply for appointment of appellate counsel and the furnishing of a transcript if

unable to pay the appeal costs. Defendant is also advised of the necessity to comply with

the statutory requirements in filing a notice of appeal. Defendants appeal bond is fixed

as $6500.00.

Original filed EDMS, copy to:

County Attorney

Defendant/Defense Counsel- Charles Schulte

Sac County Jail

DOC



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Type: ORDER FOR JUDGMENT



So Ordered



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