guilty plea and judgment - state v justin david stork - srcr012469

8/12/2019 Guilty Plea and Judgment - State v Justin David Stork - Srcr012469

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E-FILED 2013 DEC 04 1:42 AM SAC - CLERK OF DISTRICT COURT


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\8. IF Y O U H A V E NOT BE E N FING E RPRINT E D AND PHOT OG RAPHE D FOR THISOFFE NSE , YOU MUST RE PORT T O T HE SAC COUNT Y SH ERIFF S D E P A R T M E N T W I T H IN 10 D A Y SFROM THIS DAT E T O DO SO. TE DE FE NDANT HAS NOT PRE SE NT E D T HE M SE L VE S W IT HIN 10DAYS E R O M THIS D A T E , THE SACCOUNT Y S H E R I F F S D E P A R T M E N T IS ORDE RE D AT HIS

CONVTSNTJENCE TO PIC K UP DEFE NDA NT TO BE PHOTOG RAPHE D AN D FING ER PRINT ED .

If you require theassistance ofauxiliary aids or services to participate in court becauseof a disability,immediatelycallyour districtAD A coordinator at(641) 421-0990.(Ifyouare hearingimpaired,callRelaylow aT T Yat 1-800-735-2942.)

WarrenL .Bush/JosephJ .Heidenreich,JudicialMagistrate

Copiesto:t-< ountyAttorney( DefendantL^SScCountySheriff


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INTHEIOWA DISTRICTCOURTFO R Sac

DISTRICTCOurtiUhlowSAC COUNFILED2013DEC-5 m3=26

COUNTY

STATE OFIOWAorPlaintiff/Petitioner

vs. ' C~ i >

Defendant/Respondent

Criminal Civil

FINANCIAL AFFIDAVIT/APPLICATIONFO R APPOINTMENTOF COUNSEL

In supportof myapplicationforappointmentofcounsel andunder penaltyofperjury the undersignedstates:P A ^ T i J V . > T t f l BirthDate: ' -tf .- ' -V^ ' i"Name:

HomePhone:/ j -- f ) ^ J L -r-.hJ ^ -- CellPhone: E-mail:StreetAddress: //./ U 'c M 5 C#Street/P.O.Bor' Apt City, r i \ o\ StatePending charges: ' W K \\0 W QTIQ I L ^ V k k

Zip

Doyouhaveajob? WNoJob Yes,FullTime Yes,PartTime(ListHours/week;Whodoyouworkfor?

l \ J \ 5 X i ,InJail? |S fYes No)

Howmuchmoney doyoucurrentlymake beforetaxesor deductions? per hour month yearHowmuchmoneyhaveyoumadeinthe last 12monthsfromany source,beforetaxesor deductions?.--Howmanyfamilymembersare supportedbyorlivewithyou?_ i _ _Ifaspouseliveswithyou,how muchmoneydoesyourspousemake? per hour. month year-:Listal lothermoneyyou,oranyone elselivinginyour household,hascomingin : J L A j~ f ' ' ;(.' v V i . f \

Listwhatyou own includingmoneyinbanks, cars,trucks,othervehicles,land,houses,buildings,'cash,oranythingelseworthmore than$100: 1Vgf.,C- - -. '

Listamountsyoupay monthlyformortgages,rent,carloans,credit cards,childsupport, or anyotherdebts:

IunderstandImayberequiredtorepaytheStatefor all or partofmy attorneyfeesandcosts Imayberequiredtosignawageassignment andImust report anychangesin theinformation submittedon thisfinancialaffidavit I promise under penalty ofperjurythatthestatementsI make inthisapplication are trueandthatIamunable topay for anattorneytorepresent me.

Date' ' . Signature ' ' ..- "Rev..1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.JUSTIN DAVID STORK ,

DEFENDANT.

02811 SRCR012469

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 Scott Schleisman, 823 Main St., Lake City, IA 51449 (712) 210-0543, a contract attorney,is appointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 DEC 05 1:30 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleSRCR012469 STATE VS JUSTIN DAVID STORKType: ORDER APPOINTING

So Ordered

Electronically signed on 2013-12-05 13:30:13

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E-FILED 2013 DEC 05 1:30 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.JUSTIN DAVID STORK

Defendant.

CASE No. SRCR012469

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, Justin David Stork (Defendant), of UNLAWFUL POSSESSION OF

A PRESCRIPTION DRUG, a Serious Misdemeanor in violation of Iowa Code

Section 155A.21, committed as follows; On or around December 3, 2013, in Sac

County, Iowa, Defendant was found in possession of a drug limited to

dispensation by prescription and said drug was not lawfully dispensed to

Defendant.

A TRUE INFORMATION

Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse

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



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WITNESS LIST

ROYCE KEMMANN, Peace Office, City of Lake View



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STATE OF IOWA,

Plaintiff,

v.JUSTIN DAVID STORK,

Defendant.

CASE N. SRCR!"#$%&

ORDER SETTIN' ARRAI'N(ENTAND )OND

T*e TRIA+ INFOR(ATION and t*e (INUTES OF EVIDENCE in t*i -atte

*ave /een e0a-ined and f1nd t 2ntain 1ffi2ient eviden2e, if 1ne03lained, t

4aant a 2nvi2tin in a tial /5 615, t*eefe, t*i -atte *all /e et f

Aai7n-ent.

IT IS HERE)Y ORDERED, t*e defendant *all 3enall5 a33ea f

Aai7n-ent at t*e Sa2 C1nt5 C1t*1e, Diti2t C1t-, "!! NW StateSteet, Sa2 Cit5, I4a n t*e December 30, 2013 and 9:00 a.m. T*e

Defendant i HERE)Y NOTIFIED t*at fail1e t a33ea 4ill e1lt in t*e

i1an2e f an aet 4aant.

IT IS FURTHER ORDERED, the Defendant i re!eaed fr"m c#t"d$,

%ith"#t b"nd, "n hi "%n rec"&ni'ance and (r"mie t" a((ear. Defendant

*all a33ea f all 1/e81ent 32eedin7 in t*i -atte. T*e Defendant *all

/e5 all Fedeal, State, and +2al la4.



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012469 STATE VS JUSTIN DAVID STORK

So Ordered

Electronically signed on 2013-12-16 11:15:54 page 2 of 2


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STATE OF IOWA,

Plaintiff,

v.JUSTIN DAVID STORK,

Defendant.

CASE N. SRCR!"#$%&

ORDER SETTIN' ARRAI'N(ENTAND )OND

T*e TRIA+ INFOR(ATION and t*e (INUTES OF EVIDENCE in t*i -atte

*ave /een e0a-ined and f1nd t 2ntain 1ffi2ient eviden2e, if 1ne03lained, t

4aant a 2nvi2tin in a tial /5 615, t*eefe, t*i -atte *all /e et f

Aai7n-ent.

IT IS HERE)Y ORDERED, t*e defendant *all 3enall5 a33ea f

Aai7n-ent at t*e Sa2 C1nt5 C1t*1e, Diti2t C1t-, "!! NW StateSteet, Sa2 Cit5, I4a n t*e December 30, 2013 and 9:00 a.m. T*e

Defendant i HERE)Y NOTIFIED t*at fail1e t a33ea 4ill e1lt in t*e

i1an2e f an aet 4aant.

IT IS FURTHER ORDERED, the Defendant i re!eaed fr"m c#t"d$,

%ith"#t b"nd, "n hi "%n rec"&ni'ance and (r"mie t" a((ear. Defendant

*all a33ea f all 1/e81ent 32eedin7 in t*i -atte. T*e Defendant *all

/e5 all Fedeal, State, and +2al la4.



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THE IOWA DISTRICT COURT OF SAC COUNTY

--------------------------------------------------------------------------------------------------------------------

STATE OF IOWA, )Plaintiff, ) No. SRCR0102!"

#$. )

) ORDER TO WITHDRAW)

%USTIN DA&ID STOR', )

D(f(nant. )

--------------------------------------------------------------------------------------------------------------------

ORDER

No*, on t+i$ 1t+a of D((/(, 201, t+( Co3t +a#in4 (#i(*( t+( 5otion to Wit+a*,

fin$ t+( /otion $+o3l ( 4ant(.

ACCORDIN67Y, IT IS HERE8Y ORDERED t+at Ro(t P(t($on i$ a99oint( to (9($(nt t+(D(f(nant at 93li (:9(n$(.



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THE IOWA DISTRICT COURT OF SAC COUNTY

--------------------------------------------------------------------------------------------------------------------

STATE OF IOWA, )Plaintiff, ) No. SRCR0102!"

#$. )

) ORDER TO WITHDRAW)

%USTIN DA&ID STOR', )

D(f(nant. )

--------------------------------------------------------------------------------------------------------------------

ORDER

No*, on t+i$ 1t+a of D((/(, 201, t+( Co3t +a#in4 (#i(*( t+( 5otion to Wit+a*,

fin$ t+( /otion $+o3l ( 4ant(.

ACCORDIN67Y, IT IS HERE8Y ORDERED t+at Ro(t P(t($on i$ a99oint( to (9($(nt t+(D(f(nant at 93li (:9(n$(.



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Type: OTHER ORDER



So Ordered




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STATE OF IOWAPlaintiff riminal No. SRCR012469v.

JUSTIN DAVID STORKDefendant. RITTEN ARRAIGNMENT

AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oathstates:

1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108West 8th a P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are: 11 Vine St LakeView, IA 51450 712-657-9605

3. I am 2 4years old. I can read and understand the English language and have completed thefollowing level of education: ILLS

4. I have been advised by the above named attorney and understand that I have a right toarraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign thiswritten arraignment and plea of not guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filing thiswritten arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) ofUnlawful Possession of a Prescription Drug in violation of Iowa Code

section(s) 55A 21 2013). I have read it, and I have familiarized myself with its contents.6. With regard to the name by which I am charged in the indictment/trial information (either check

a or check and complete b ):] a. The name shown on the indictment/trial information is my true name. I have been

advised and understand that I am now precluded from objecting to the indictment/trialinformation upon the ground I am improperly.named.[ ] b. The name shown on the indictment/trial information is not my true name. My true nameis I request that an entry be made in the minutesshowing my true name. I have been advised and understand further proceedings will be had



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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleSRCR012469 STATE VS JUSTIN DAVID STORKType: ORDER SETTING TRIAL

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,vs.

JUSTIN DAVID STORK ,

Defendant.

02811 SRCR012469

ORDER OF CONTINUANCE

This matter is continued, Pretrial Conference is scheduled on 02/19/2014 at 11:30 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2014 FEB 05 11:00 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSRCR012469 STATE VS JUSTIN DAVID STORKType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 FEB 19 2:00 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA ,Plaintiff,VS.

JUSTIN DAVID STORKDOB: 10-16-1989,Defendant.

No. SRCR012469GUILTY PLEA(Serious Misdemeanor)


COUNT II, the undersigned D efendant, have carefully read and fully understand the following:

I am charged with UNLAW FUL POSSESSION OF A PRESCRIPTION DRUG a SeriousMisdem eanor in violation of Iowa Code Section 155A.21; and I hereby reque st that my plea ofguilty to the charge be en tered of record.A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than oneyear in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all courtcosts and all costs and fees incurred for legal assistance. There is a minimum fine of 315.00,

plus a 35% surcharge in the amount of $110.25, which is immediately due on the date ofsentencing unless a paym ent plan is approved by the Court within thirty days of the Judgmententry. In addition if the charge is a violation of Iowa Code Chapters 124 155A 453B 713714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an additionalLaw Enforcement Initiative surcharge of $125. I acknowledge that, the Court may order meto perform community service work if the Court is of the opinion that community servicework will deter and discourage others from similar criminal activity. (The rate at whichcommunity service shall be calculated against my fine shall be the federal minimum wage.)In addition, I may be required to pay correctional fees for incarceration and enrollment feesfor probation. I am aware that sentencing options may include deferral of Judgment andSentence, the grant of probation and the suspension of the sentence imposed.

B. I understand that, a criminal conviction, deferred judgment or deferred sentence may affectmy status under federal imm igration laws.C. If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1). The right to a speedy and public trial by a jury of twelve p eople.(2). The right to have an attorney represent me at trial and if the Court found I was unable toafford an attorney, the Court wou ld, at public expense, appoint an attorney to represent me.(3). At trial, I would be presumed innocent until such time, if ever, the State established myguilt beyond a reasonable dou bt.(4). At trial, a jury verdict of guilty would h ave to be unanimous.(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forcedto testify, and if I choose not to testify, the State may not com ment on the fact of my failure to

testify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.

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(6). At trial, the State would have to confront 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 testify on my behalf and tocompulsory process to secure those witnesses.

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

E. The Court, in determining 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 recite and summarize the materialfacts that would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand myself. The plea agreement is: I will plead guilty to Count I. The recommendedsentence is 30 days in the Sac County Jail, with credit for time served, which will besuspended. I will pay a fine in the amount of $315.00, plus the 35% surcharge in the amountof $110.25, the LEI surcharge in the amount of $125.00, court costs, and court appointedattorney fees: to be paid as ordered by the Court.

This plea agreement includes that I will be responsible to pay court costs, payment of allcosts and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jailtime and all surcharges and mandatory punishments (see paragraph B) applicable to my case.

I now state to the 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: Possession of a drug limited to dispensation by prescription and said drug wasnot lawfully dispensed to Defendant.

I understand the nature of the charge against me.This offense was committed by me in Sac County Iowa by my doing the following: I did on orabout the 3 r day of December 2013 at the 40 0 b lock of V ine Street Lake V iew unlawfullyand willfully possess a drug limited to dispensation by prescription and said drug was notlawfully dispensed to me.F. hereby state that I submit this written plea of guilty with full knowledge and waiver of my

rights and I do so freely and voluntarily. No threats have been made against me to obtain thisguilty plea. No promises of leniency or favorable treatment have been made, except for anyplea bargain disclosed to the Court at the time of this guilty plea.

G. If the Court accepts my plea of guilty, I realize:(1). The Court will set a sentencing date not less than fifteen days after the date of itsacceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Motion in 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 ofguilty, and I will be giving up my right to directly appeal my guilty plea.

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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 JUDGMENT

If the Court accepts m y plea of guilty, I wish to be sentenced n ow. I unde rstand that:1. In 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 plea unless I waive this right, and the right to file aMotion in Arrest of Judgment w ill be waived by having the Court impose a sentence now.

2. By having the Court impose my sentence now, I will never be able to challenge this pleaof guilty and I w ill be giving up m y right to directly appeal my g uilty plea.I hereby request the Court sentence me now and I waive any time to which I may be entitled

for sentencing at a later date.WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at my sentencingand present evidence in my own behalf. I understand that it is my choice to be present or not,and that no one can exclude me from sentencing.With the above in mind, and further understanding that my decision whether to be presentor not is my own de cision, I hereby kno wingly and volun tarily waive the right to be present at mysentencing.

A115\1\efendant, Justin David Storkey for Defendant, Robert E. PetersonSTATE OF IOWA ) SSSAC COUNTY

OnThis

ay ofState, personally appearedand who executed the foregoingdeed.

t - - --6/ 1 4 - 492014, before me the undersigned, a N otary Public in and for saidt E... co--0 r y . _ to me known to be the identical person named ininstrument, and acknowledged that he executed the same of his voluntary act and

N ot Public in and for the State of Iowa

3



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STATE OF IOWA,

Plaintiff,vs.

JUSTIN DAVID STORK ,

Defendant.

02811 SRCR012469

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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Case Number Case TitleSRCR012469 STATE VS JUSTIN DAVID STORKType: OTHER ORDER

So Ordered


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THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )) CRIM. NO. SRCR012469

Plaini!!, )) ORDER ACCEPTIN" P#EA

$%. ) AND &UD"MENT ENTRY)

&USTIN DA'ID STOR(, ) Ca*+ - Unla!/l P%%%%in ! a P*%*iin) D*/+, a S*i/% Mi%3an*

D!n3an. ) C3 - 155A.21

NOW n 21%3a ! F7*/a*, 2014, 3!n3an %/7i% i% $*i!i3 *in Pla

! "/il. T 3!n3an i% a*+3 i Unla!/l P%%%%in ! a P*%*iin D*/+, in $ilain

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T D!n3an i% %nn3 a a !in in %/ ! @15, l/% a 5B %/*a*+, a



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@125 #a En!*n Iniiai$ S/*a*+, /* %% ! i% ain an3 a*n% !% a%

*i!i3 7 M*. P*%n.

D!n3an %all a % !inanial 7li+ain% Cl*: ! C/* ! i% /n *

nlin a .ia/*%.+$. D!n3an %all a 7alan 3/ iin n a* !

n* ! i% *3*.

T D!n3an i% !/** %nn3 %*$ a *i3 ! 0 3a% in /%3 !

Sa C/n S*i!!, i *3i !* i %*$3, i! an, a% *i!i3 7 S*i!!. Ti% %nn

i% %/%n33 in i% ni* an3 D!n3an i% la3 n *7ain Sa C/n P*7ain

O!!i !* a *i3 ! n a*.

Cn3iin% ! *7ain a* a% !ll%

1. D!n3an %all ** Sa C/n P*7ain O!!i iin = 3a% !3a% 3a %i+n / !* *7ain %/*$i%in.

2. D!n3an %all a !in, %/*a*+%, %% an3 !%.. D!n3an %all 7 all la%.T *a%n% !* i% %nn inl/3 !llin+ D!n3an% a+< *i* *iinal

i%*< ai/3 a*3 *a7iliain< !a% an3 i*/%an% ! i% a%< !ail an3

ln i*/%an%< n3 !* *in ! /ni an3 3**n ia /n

D!n3an an3 *% %iila*l %i/a3.

Any bond money previously posted is released and exonerated.

Aal 7n3 i% % in %/ ! @1,000.00.

COPIES TOC/n A*nD!n% A*nSa C/n S*i!!



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Type: OTHER ORDER



So Ordered




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guilty plea and judgment - state v justin david stork - srcr012469

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