trial date set in the matter of state vs cody anthony dupre b

7/30/2019 Trial Date Set in the Matter of State vs Cody Anthony Dupre b

1/27


2/27

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


3/27

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


4/27

Case ID : 02811 SRCR012355 - STATE VS CODY ANTHONY DUPRE

Event Cd : SUMM

CODY ANTHONY DUPRE filed



5/27

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


6/27

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.

1 of 3



7/27

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

2 of 3



8/27

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

3 of 3



9/27

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.

1 of 2



10/27



Type: ORDER APPOINTING

So Ordered


2 of 2



11/27


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



12/27


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.

1 of 2



13/27



Type: OTHER ORDER

So Ordered


2 of 2



14/27


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.

1 of 2



15/27



Type: OTHER ORDER

So Ordered


2 of 2



16/27

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).


17/27

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]


18/27


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



19/27


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



20/27


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:



21/27


Type: ORDER FOR ARRAIGNMENT


SRCR012355 STATE VS CODY ANTHONY DUPRE

So Ordered



22/27


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.



23/27


Type: OTHER ORDER


AGCR012356 STATE VS CODY ANTHONY DUPRE

SRCR012355 STATE VS CODY ANTHONY DUPREFECR012340 STATE VS CODY ANTHONY DUPRE

So Ordered




24/27

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


25/27



26/27

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

1 of 2



27/27



Type: ORDER SETTING TRIAL

So Ordered



trial date set in the matter of state vs cody anthony dupre b

Documents