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E-FILED 2014 OCT 17 8:38 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
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E-FILED 2014 OCT 17 10:53 AM SAC - CLERK OF DISTRICT COURT
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4/23
IN
T H E
I O W A
DISTRICT
C O U R T
FOR
Sac
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so
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or
Plaintiff/Petitioner,
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,
Defendant/Respondent.
minal
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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 N
F O 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: C J l f f / f i J ^ f f t J C t C t h b t r
t.
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
5/23
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,VS.CHARLES DEAN CRABTREE ,
DEFENDANT.
02811 OWCR012672
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 (712) 662-4715, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.
1 of 2
E-FILED 2014 OCT 21 12:24 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012672 STATE VS CHARLES DEAN CRABTREEType: ORDER APPOINTING
So Ordered
Electronically signed on 2014-10-21 12:24:40
2 of 2
E-FILED 2014 OCT 21 12:24 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,
vs.
CHARLES DEAN CRABTREE , Defendant.
Case No: 02811 OWCR012672
INITIAL APPEARANCE OWI
Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSECharles Schulte was appointed but is in court in Calhoun today. He is charged with reviewing this withhis client.
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 - Minimum 2 days
Years Prison
And/Or a fine of not less than $1250 or more than $1875
You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.
1 of 3
E-FILED 2014 OCT 27 11:42 AM SAC - CLERK OF DISTRICT COURT
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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. (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:
(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) 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 ARREST
WARRANT 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 at : AM at the .
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
2 of 3
E-FILED 2014 OCT 27 11:42 AM SAC - CLERK OF DISTRICT COURT
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9/23
State of Iowa Courts
Case Number Case TitleOWCR012672 STATE VS CHARLES DEAN CRABTREEType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-10-27 11:42:11
3 of 3
E-FILED 2014 OCT 27 11:42 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.CHARLES DEAN CRABTREE,
Defendant.
CASE NO. OWCR012672
TRIAL INFORMATION
COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,
Iowa, and in the name and by the authority of the State of Iowa, accuses
Defendant, CHARLES DEAN CRABTREE (Defendant) of the crime of
OPERATING WHILE INTOXICATED FIRST OFFENSE, Serious Misdemeanor
in violation of Iowa Code Section 321J.2 committed as follows: On or about
October 17, 2014 in Sac County and State of Iowa, Defendant did unlawfully and
willfully operate a motor vehicle by one or more of the following means: while
under the influence of an alcoholic beverage or drugs or a combination of such
substances; while having an alcohol concentration of .08 or more as measured in
the person's breath, blood or urine; and while any amount of a controlled
substance is present in the person as measured in the person's blood or urine.
E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT
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11/23
A TRUE INFORMATION
_________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: [email protected]
E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
12/23
WITNESS LIST
KENNETH MCCLURE, Sheriff, Sac County Sheriffs Office
MICHAEL M. TATE OR JAMES A. BLESKACEK, DCI Criminalist
E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT
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13/23
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012672 STATE VS CHARLES DEAN CRABTREE
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 2014-11-07 08:48:11 page 4 of 4
E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT
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14/23
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
CHARLES DEAN CRABTREE ,
Defendant.
Case No: 02811 OWCR012672
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 isscheduled on 11/19/2014 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
E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
15/23
State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
OWCR012672 STATE VS CHARLES DEAN CRABTREE
So Ordered
Electronically signed on 2014-11-07 08:48:12 page 2 of 2
E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT
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16/23
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NO.OWCR012672
WRITTENARRAIGNMENT,
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coMEsNowrheDerendantinthe"u","_*or3uJi#*
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E-FILED 2014 NOV 18 5:00 PM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
17/23
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E-FILED 2014 NOV 18 5:00 PM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
18/23
IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs.CHARLES DEAN CRABTREE ,
Defendant.
Case No: 02811 OWCR012672
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on November 18, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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 01/27/2015 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.
1 of 3
E-FILED 2014 NOV 19 8:49 AM SAC - CLERK OF DISTRICT COURT
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19/23
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
2 of 3
E-FILED 2014 NOV 19 8:49 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
20/23
State of Iowa Courts
Case Number Case TitleOWCR012672 STATE VS CHARLES DEAN CRABTREEType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-11-19 08:48:59
3 of 3
E-FILED 2014 NOV 19 8:49 AM SAC - CLERK OF DISTRICT COURT
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21/23
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.CHARLES DEAN CRABTREE,
Defendant.
Case No. OWCR012672
REPORT OF PRETRIAL
CONFERENCE AND MOTION TO
DISMISS PER RULE 2.33
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 7, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court:
The State believes the interests of justice and judicial economy would best
be served by dismissing the charge contained in the Trial Information.
WHEREFORE, the State respectfully requests that the Court dismiss this
matter in its entirety with costs to Defendant.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: [email protected]
E-FILED 2015 JAN 08 8:39 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
22/23
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
CHARLES DEAN CRABTREE,
Defendant.
Case N. OWCR!"#$%#
ORDER
NOW, n t&is 't&da( f )an*a+(, #!", t&e -*+t is in +e-eit f t&e State/s P+e0
T+ial Cnfe+en-e and 1tin t Dis2iss. T&e 1tin states 3d -a*se and s&*ld 4e3+anted.
IT IS THEREFORE ORDERED t&at t&e State/s 1tin t Dis2iss is 3+anted.
T&is -ase is dis2issed and -sts a+e ta5ed t t&e Defendant.
Cle+6 t f*+nis& -ies t7Sa- C*nt( Att+ne(Defense C*nsel
E-FILED 2015 JAN 08 1:45 PM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf
23/23
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012672 STATE VS CHARLES DEAN CRABTREE
So Ordered
Electronically signed on 2015-01-08 13:45:17 page 2 of 2
E-FILED 2015 JAN 08 1:45 PM SAC - CLERK OF DISTRICT COURT