guilty plea - state v timothy allen kuhse - early, iowa - agcr012349

7/27/2019 Guilty Plea - State v Timothy Allen Kuhse - Early, Iowa - Agcr012349

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E-FILED 2013 JUL 03 10:53 PM SAC - CLERK OF DISTRICT COURT


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5 .fltEOIN T H E IOWA DISTRICT COURT FO R SAC COUNTY

M AG IS T R AT E DIVISION .5 M t & l 2STATE OE IOWA,

Plaintiff

w JULM AG IS T R AT E N O .

INITIAL APPEARANCE

Defendant

On thise d M ; day of J b 2 u / / t Jate in and for Sac County, ha' 201 f the Defendant hereing beencharged with the crime of

Iowa.eing a violation of Section /.* of tifar*

ears before;Code of

The Court advises the Defendant as follows:That he/she has the right to remain silent That any statement made by the Defendant can andwould be used against him/her in a Court of law. That he/she has the right to have an attorneypresent at al l stages of the proceeding and, if the Defendant is unable to afford counsel, that, uponproper application, one wouldbe appointed for them.

That he/she is chargedwith a violation of Section which is classified as:JEelony - Class_Aggravated MisdemeanorSerious MisdemeanorThat the maximum punishment for a plea of guilty of conviction ofthe above charge is :' One Year County JailYears Prison * A /\

^-And/Or $ X


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8. IF Y O U H A V E N OT B E E N FINGERPRINTED AN D PHOTO GRAPH ED FOR T H I SOFFENSE, YO U MUST REPORT TO T HE SAC COUNTY SHERIFF 'S D E P A R T M E N T W T I B I N 10 D A Y SF R O M THIS D A T E TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS D A T E , THE SAC COUNTY SHERIFF 'S DEPARTMENT IS ORDERED AT BOSCONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district A DA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay IowaT T Y at 1-800-735-2942.)

J . Heidenreich, Judicial Magistrate

Copies to:County AttorneyDefendantSac County Sheriff


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IN THE DISTRICT COURT FOR SAC COUNTY

)

THE STATE OF IOWA, ) NO. AGCR012349

Plaintiff, )

)v. ) APPEARANCE

)

TIMOTHY ALLEN KUHSE, )

Defendant. )

)

COMES NOW this 15 day of July, 2013, the undersigned attorney and hereby appearsth

on behalf of the Defendant in the above captioned case.

MURRAY & MURRAY, P.L.C.

_____/s/ John M. Murray____________

John M. Murray (PIN #AT0005555)

530 Erie Street, P.O. Box 27

Storm Lake, Iowa 50588

(712) 732-8181, (712) 749-5089 (fax)

[email protected]

FOR THE DEFENDANT

c: Ben Smith, County attorney, [email protected]

Certificate of Service

The undersigned hereby certifies that this instrument was filed with the EDMS for Sac

County, Iowa on the 15 day of July, 2013, and that the foregoing instrument was served uponth

the foregoing party via email at the above-described addresses.

_______/s/ John M. Murray__________________

John M. Murray (AT0005555)

E-FILED 2013 JUL 15 3:41 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012349

Plaintiff,

vs. TRIAL INFORMATION

TIMOTHY ALLEN KUHSE,DOB: 02/15/1986

Defendant.

COUNT I

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

Iowa and in the name and by the authority of the State of Iowa, accuses Defendant,

Timothy Allen Kuhse of the crime ofOPERATING A MOTOR VEHICLE WHILE

LICENSE IS BARRED UNDER SECTION 321.560 AS A HABITUAL OFFENDER, an

Aggravated Misdemeanor in violation of Iowa Code Section(s) 321.560, 321.561

committed as follows:

The said Defendant, Timothy Allen Kuhse, on or about July 3, 2013, in the

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

within the state while license has been barred for being an habitual offender under

section 321.555 and 321.556 of the Code of Iowa.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected]


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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

AGCR012349 STATE VS TIMOTHY ALLEN KUHSE

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 2013-08-12 14:01:48 page 2 of 2

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


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STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012349

Plaintiff,

vs.TIMOTHY ALLEN KUHSE

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

KIM SNOOK, DIRECTOR, Office of Driver Services, Iowa Department of Transportation

TORY CUDABACK, DEPUTY, Sac County Sheriff's Department

E-FILED 2013 AUG 12 9:10 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

TIMOTHY ALLEN KUHSE,Defendant.

CRIMINAL NO. AGCR012349

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to warranta conviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear forArraignment at theSac County Courthouse, District Courtroom, Sac City, Iowa on the 27th day ofAugust2013 at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom custody 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 have no contact with the victim or any witness set

forth in the minutes of evidence in this matter.The Defendant shall be on pre-trial supervision to the Second JudicialDistrict Department of Correctional Services.Other:



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.TIMOTHY ALLEN KUHSE ,

DEFENDANT.

Case No. 02811 AGCR012349

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 20, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by John Murray.

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

JOHN M MURRAYTIMOTHY ALLEN KUHSEDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleAGCR012349 STATE VS TIMOTHY ALLEN KUHSE

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-08-22 13:00:16

2 of 2



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E-FILED 2013 OCT 03 12:22 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff, No. AGCR012349

vs.

TIMOTHY ALLEN KUHSE,

JUDGMENT ENTRY

AGGRAVATED MISDEMEANOR

DOB: 02/15/1986

Defendant.

COUNT I

This matter came on for sentencing. The State is represented by Sac County Attorney,

Benjamin John Smith and Defendant is represented by Attorney at Law, John Murray. Having entered

a written Plea of Guilty, 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 trial by jury,

the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other

rights. The Court approves the Plea Agreement and finds Defendant guilty. Having entered a writtenplea of guilty and having been found guilty, the Court knows of no legal cause why judgment should

not now be entered, and none appears upon the record.

IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted

of the crime of DRIVING WHILE BARRED, HABITUAL OFFENDER an Aggravated

Misdemeanor, in violation of the Iowa Code Sections 321.555 and 321.556, pursuant to Iowa Code

Sections 321.560, 321.561, 903.1 and 907.3(3); the Defendant is sentenced as follows:

1. To the Custody of the Director of the Iowa Department of Corrections for an indeterminate term

of two-(2) years which is hereby suspended with credit for jail time served.

2. Thereafter, Defendant is placed on probation to the Sac County Probation Officer for a period ofone year from the Judgment entry date, and during such probation period Defendant shall

abide by all the terms and conditions of the probation as set forth on the Probation Agreement.

a. Defendant is Ordered to sign a Probation Agreement within 72 hours of this

Judgment, with the Sac County Probation Officer at the Sac County Courthouse, 100

NW State Street, Suite 9, 2nd Floor, Sac City, Iowa 50583.

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

c. Defendant is Ordered to report any new arrests, to the Sac County Probation

Officer within seven days of the arrest date.

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

3. Defendant shall pay a fine of $625.00 and a surcharge of 35% in the amount of $218.75, to be

paid as ordered by the Court.

4. Defendant shall pay court costs in the amount of $100.00.



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5. Department of Transportation is directed to revoke Defendants driving privileges in

the State of Iowa for the required statutory period.

6. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to any

change in address until all obligations of this case have been completed.

7. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgmentby paying $75.00 per month to the Sac County Clerk of Court with payments to begin on the

1st

day of the month following this order, and shall continue on the 1st 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.

IT IS FURTHER ORDERED that if a bond has been posted in the above matter, the Sac

County Clerk of District Court shall release the same.

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 $1,950.00.

Original filed EDMS, Copy to: Defendants Attorney John Murray

County Attorney

DOT



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Type: ORDER FOR JUDGMENT



So Ordered



guilty plea - state v timothy allen kuhse - early, iowa - agcr012349

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