convicted of possession of marijuana - state vs. aaron jacob beyer

7/27/2019 Convicted of Possession of Marijuana - State vs. Aaron Jacob Beyer

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E-FILED 2013 JUN 26 4:21 AM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

AARON JACOB BEYER ,Defendant.

Case No: 02811 SRCR012338

INITIAL APPEARANCE POSSESSION OF MARIJUANA

Charges:01 - 124.401(5) - POSSESSION OF A CONTROLLED SUBSTANCE (SRMS)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor3. 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 $min 315.00 max 1875.00

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 New

Opportunities (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 07/16/2013 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 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleSRCR012338 STATE VS AARON JACOB BEYER

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-06-26 11:36:47

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IN THE IOWA DISTRICT COURT FOR Sa c COUNTYSTATE OF IOWA or

P a n i fflPetitione ,L-'Criminal

_ CivilNo. t -c l7 c ,123 3 7FINANCIAL AFFIDAVIT/APPLICATIONFOR APPOINTMENT OF COUNSEL"Ac, t't: l ..J" b,: / ,: i ,Defendant/Respondent. '

In supportof my application or appointmentof counsel, nd underpenaltyof perjury, the undersigned tates:Nu e: Act f (',n -1 , B


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)PLAINTIFF ) Crim No. SRCR012338

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

AARON JACOB BEYER )

)

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

E-FILED 2013 JUL 08 4:31 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

PLAINTIFF,VS.AARON JACOB BEYER ,

DEFENDANT.

02811 SRCR012338

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.The defendant shall contact their attorney within 48 hours.

712-662-4715

COPY PROVIDED TO DEFENDANT

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E-FILED 2013 JUL 09 11:34 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

AARON JACOB BEYER,

DOB: 03-09-1995

Defendant.

Case No. SRCR012338

TRIAL INFORMATION

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,

Iowa, and in the name and by the authority of the State of Iowa, accuses defendant,Aaron Jacob Beyer (defendant) of the crime of POSSESSION OF A

CONTROLLED SUBSTANCE (MARIJUANA) FIRST OFFENSE, a violation of Iowa

Code section 124.401(3), committed as follows: On or about June 26, 2013, the

defendant knowingly or intentionally possessed marijuana, which is a controlled

substance, and the defendant knew that the substance he possessed was

marijuana.

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

SRCR012338 STATE VS AARON JACOB BEYER

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 2013-07-31 11:40:23 page 2 of 2



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STATE OF IOWA,

Plaintiff,

v.

AARON JACOB BEYER,

Defendant.

Case No. SRCR012338

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

TORY CUDABACK, Deputy, Sac County Sheriffs Office

BRIAN ERRITT, Captain, Sac County Sheriffs Office

MARK HEINO, Marijuana Examiner, Carroll Police Department

E-FILED 2013 JUL 30 4:24 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

AARON JACOB BEYER,Defendant.

CRIMINAL NO. OWCR012338

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 13th day 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.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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E-FILED 2013 AUG 12 11:24 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 AUG 12 11:24 AM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.AARON JACOB BEYER ,

DEFENDANT.

Case No. 02811 SRCR012338

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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E-FILED 2013 AUG 12 2:13 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 AUG 12 2:13 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 OCT 10 3:31 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff, No. SRCR012338

vs. COUNT I-ORDER

DEFERRING JUDGMENTAARON JACOB BEYER,

DOB: 03/09/1995

Defendant.

COUNT I

The State appears by Sac County Attorney Benjamin John Smith, and Defendant appears by and

is represented by Attorney at Law Charles Schulte. The defendant having previously filed herein

a Waiver of Rights and Appearance Plea of Guilty to the said offense, which plea contained

statements by Defendant pursuant to the requirements of State v. Sisco, 169 N.W.2d 542 and

Brainard v. State, 222 N.W.2d 711; the Court now accepts Defendants guilty plea. In entering

his guilty plea the Defendant acknowledged awareness of his rights and that the plea was

voluntarily entered. Defendant waived additional time for sentencing and acknowledged that he

would not be in a position to file a motion in arrest of judgment if judgment was imposed

immediately and that Defendant still wished to have sentence pronounced at this time. The

Defendant has pled guilty to the crime of POSSESSION OF MARIJUANA, A SCHEDULE I

CONTROLLED SUBSTANCE, FIRST OFFENSE, in violation of Iowa Code Section

124.401(5) a Serious Misdemeanor.

IT IS ORDERED, pursuant to Iowa Code 901.5 and 907.3, that the entry of judgment

and pronouncement of sentence is deferred and Defendant is placed on probation to the Sac

County Probation Officer for a period of one year, and during such probation period, Defendantshall abide by all the terms and conditions of the probation as set forth on the Probation

Agreement. Upon successful completion of probation, Defendant shall be discharged without

imposition of sentence or judgment. Defendants probation shall be subject to the following

terms and conditions:

1. Defendant shall pay a Civil Penalty, to the State Court Administrator through the Clerk ofCourt, in the amount of $200.00, and a $125.00 Law Enforcement Initiative surcharge, pursuant

to Section 911.3, (for violations under Codes Chapters 124,155A, 453B, 713, 714, 715A, 716, or

Code Sections 719.8, 725.1, 725.2, and 725.3); to be paid as ordered by the court.

2. Defendant shall pay court costs in the amount of $100.00, and court appointed attorney fees inthe amount of $384.00; to be paid as Ordered by the Court.

3. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the Sac

County Probation Officer at the Sac County Courthouse, 100 NW State Street, 2nd Floor, Sac

City, Iowa.

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

b. Defendant shall report all new arrests to the Sac County Probation Officer withinseven days of the arrest.



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c. Defendant shall abstain from the use of illicit drugs and alcohol during hisprobationary period.

d. Defendant shall timely pay all amounts ordered by this Judgment.5. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as toany change in address until all obligations of this case have been completed.

IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this

Judgment by paying $50.00 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.

Defendant having appeared IT IS FURTHER ORDERED that any balance of appearance bond

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

Original filed EDMS, Copies to: County Attorney

Defendants Attorney, Charles SchulteCourt Administrator



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Type: ORDER FOR JUDGMENT



So Ordered



convicted of possession of marijuana - state vs. aaron jacob beyer

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