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

E-FILED 2013 JUL 09 11:04 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation CODY ANTHONY DUPRE Defendant Case No. 02811 SRCR012355

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: HARASSMENT IN THE 2ND DEGREE in violation of Section(s) 708.7B of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 07/16/2013 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 BASS CLERK 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 Magistrate before 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 an original notice (804.1).

Recipient List Case ID : 02811 SRCR012355 - STATE VS CODY ANTHONY DUPRE Event Cd : E-FILED SUMM 2013 JUL 09 11:04 AM SAC - CLERK OF DISTRICT COURT CODY ANTHONY DUPRE filed

DISTRICT COUfM Of |fjiy,4 SAC COUNTY . FILED

2 0 1 3 JUL 1 6 PMI2:3!
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL Deferraant/Respondent. --'
1

Sac

COUNTY

Criminal

CivU

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: Home Phone: Street Address: Cell Phone: 6 6 0 ' E-mail: Apt# City State Zip

3i

Street/P.O.Box Pending charges: ^ f l / T r S & W X P i A Do you have a job?

T ^ A A ^ r . V ^ U )) U ) V k v g S Yes, Part Time (List Hours/week:

InJail? GTYes No )

No Job ^2 Yes, Full Time

Who do you work for? How much money do you currently make before taxes or deductions?

ll

per ID hour month year \

How much money have you made in the last 12 months from any source, before taxes or deductions? How many family members are supported by or live with you? _ If a spouse lives with you, how much money does your spouse make?

per hour month year

List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: f * n I r,
m

i/- / 7 u r

List amounts you pay monthly for 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 be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me. Date ' ^ Signature
Rev. 1/6/12

E-FILED 2013 JUL 16 12:52 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 SRCR012355 vs. CODY ANTHONY DUPRE , Defendant. 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, having been 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 attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper 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 and court costs 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
1 of 3

E-FILED 2013 JUL 16 12:52 PM SAC - CLERK OF DISTRICT COURT

5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes 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 this charge and the tampering with a witness aggravated misdemeanor charge. If defendant is released he 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 determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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 at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. 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 Defendant Defendant Sac County Sheriff

2 of 3

E-FILED 2013 JUL 16 12:52 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012355 Type: Case Title STATE VS CODY ANTHONY DUPRE HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-16 12:51:44

3 of 3

E-FILED 2013 JUL 16 1:03 PM SAC - CLERK OF DISTRICT COURT

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 financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

1 of 2

E-FILED 2013 JUL 16 1:03 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012355 Type: Case Title STATE VS CODY ANTHONY DUPRE ORDER APPOINTING So Ordered

Electronically signed on 2013-07-16 13:02:39

2 of 2

E-FILED 2013 JUL 16 4:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. CODY ANTHONY DUPRE DEFENDANT

) ) ) Crim No.SRCR012355 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box 392, 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) 662-4715 Fax: (712) 662-4884

Original filed Copy to: County Attorney

E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS CODY 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 the magistrate.

1 of 2

E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012355 Type: Case Title STATE VS CODY ANTHONY DUPRE OTHER ORDER So Ordered

Electronically signed on 2013-07-23 10:53:51

2 of 2

E-FILED 2013 JUL 26 10:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS CODY ANTHONY DUPRE Defendant 02811 SRCR012355

ORDER

The court had set this matter for bond review on this date. The accompanying charge has been transcribed to district court and a bond review set for July 30, 2013. Thid court defers to the district court to set appropriate bond on all pending charges.

1 of 2

E-FILED 2013 JUL 26 10:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012355 Type: Case Title STATE VS CODY ANTHONY DUPRE OTHER ORDER So Ordered

Electronically signed on 2013-07-26 10:52:25

2 of 2

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CODY ANTHONY DUPRE, DOB: 09/25/1990 Defendant. TRIAL INFORMATION Case No. SRCR012355

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, 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).

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 JUL 30 8:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012355 Approval of Trial Information Case Title STATE VS CODY ANTHONY DUPRE

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should 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

E-FILED 2013 JUL 26 3:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CODY ANTHONY DUPRE, Defendant. CRIMINAL CAUSE NO. SRCR012355

Attachment to Trial Information Witness List

NAMES OF WITNESSES: ROYCE KEMMANN, OFFICER, Lake View Police Department LAURIE ANN HUTCHINSON EDWARD LUTZ KENNETH THIBODEAU BRADLEY HUTCHINSON BILLY HUTCHINSON

E-FILED 2013 JUL 30 8:46 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. SRCR012355 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. CODY ANTHONY DUPRE, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction 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 Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day of August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from 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, and defendant shall have no contact with any of the named-victims or witnesses in this matter. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other:

State of Iowa Courts Type: Case Number SRCR012355 ORDER FOR ARRAIGNMENT Case Title STATE VS CODY ANTHONY DUPRE So Ordered

Electronically signed on 2013-07-30 08:47:36

page 2 of 2

E-FILED 2013 JUL 30 2:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY Case No. AGCR012356 STATE OF IOWA, Plaintiff, v. CODY ANTHONY DUPRE, Defendant. ORDER ON BOND REVIEW HEARING FECR012340 SRCR012355

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.

E-FILED 2013 JUL 30 2:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012356 SRCR012355 FECR012340 OTHER ORDER Case Title STATE VS CODY ANTHONY DUPRE STATE VS CODY ANTHONY DUPRE STATE VS CODY ANTHONY DUPRE So Ordered

Electronically signed on 2013-07-30 14:02:26

page 2 of 2

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

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

E-FILED 2013 AUG 12 3:52 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. CODY ANTHONY DUPRE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 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 case shall 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. ORDER FOR TRIAL Case No. 02811 SRCR012355

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

1 of 2

E-FILED 2013 AUG 12 3:52 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012355 Type: Case Title STATE VS CODY ANTHONY DUPRE ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-12 15:52:31

2 of 2

E-FILED 2013 OCT 14 4:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURTIN AND FORSACCOL]NTY STATEOF IOWA, Plaintift, No. SRCR012355 vs. GUILTY PLEA Aggravated Misdemeanor CountI andCountII CODY ANTHONY DUPRE. DOB: 09/25l1990, Dcfendant.
COUNT I I, the undersigned Defendant,have carefullyread and fully understand the following: A. For Count I, I am cliargedwith HARASSMENT IST DEGREE, an Aggravated Misdemeanor in violation of Iowa Code Section 708.7(2)(a). I now requestthat my plea of not guilty be changed to a Pleaof Cuilty. B. The above-stated offenseis an Aggravated Misdemeanor which carriesa maximumpenaltyof (2) yearsand a $6,250fine,plus statutorysurcharges; imprisonment not to exceed two I further that the minimumfine is $625 plus a surcharge understand of 35%; andthat I may be required to make restitution of pecuniary damagesto any victim of this crime and of court appointed attorneyfees,if any, and pay the court costs. In addition,if the chargeis a violationof Code Chapters 124,155A,4538,713,714,715A,716, or Iowa CodeSections 719.8,725.1,725.2, or 725.3,thereis an additional surcharge of$125. ln addition,I maybe requiredto pay correctional fccs for incarceration and eruollmentlees fbr supervised probation. I have likewise been uformed of all other sentencurg options that may be availableto the Court, including but not limitedto the deferralof Judgment and Scntence, thc grant of probationand the suspension of sentence imposed. judgment or dcferred sentencemay affect my C. I understandthat a criminal conviction, deferued status underlederalimmigration laws. D. if I pleadnot guilty, I would be entitled to the followingrights. I give up theserightsby pleading gullty: ( 1). The right to a speedy andpublictrial by a jury of twelvepeople. (2). The right to have an attomeyrepresent me at trial and, if the Court found I was unableto affordan attorney, the Court would, at publicexpense, appointan attorney to represent me. (3). At trial, I would be presumedinnocentuntil suchtime, if ever, the State established my guilt beyond a reasonable doubt. (4). At trial, a jury verdictof guilty would haveto be unanrmous. (5). At trial, I would havethe privilegeagainst self-incrimnation, that is, I cannotbe forcedto tcstify, and if I choosenot to testifi, the Statemay not commenton the fact of my failureto testifuand,at my request, I would be entitledto a jury instruction statingthat thejury could not urferguilt lrom my failure to testily. (6). At triat,the Statewould haveto conliont me with witnesses it relied upon whosetestimony to obtainconviction, and I would havethe right to crossexamine thosewitnesses.

E-FILED 2013 OCT 14 4:10 PM SAC - CLERK OF DISTRICT COURT

(7). At trial, I would be entitledto present witnesses to testii/ on my behalfand to compulsory process thosewltnesses. to secure L,, By pleadingguilty, there will not be a trial of any kind. By pleadingguilty, I waive my right to trial, and will be treatedas if I had beentried and found guilty by a jury.

F . The Court, in detenniningwhether there is a factualbasisfor this plea of guilty, may make sucha
detcrminationby examining the Minutes of Tcstimony attachedto the Trial Information, by the offense, rcviewing the investigativereports of law enforcementagentswho have investigated or by asking me or counselto recite and summarizethe material facts that would be offered at trial. madebetween the State to acceptor rejectany plea agreement The Court hasthc discretion and myself The plea agreement is: recommendedsentencewill be to the custodv of the Director of the Iowa Department of Corrections for an inde

a period of two years. I understand that I will be siven credit for iail time previouslv served.that I will be elisible for the Sac Countv Jail Work ReleaseProsram. and that I will start servins the iail sentenceon November 25, 2013 at 8:00 a'm. The iail sentence rvill run concurrentlv with the iail sentence ordered in Count Il. and will also run concurrentlv rvith any iail sentence ordered in Sac Countv District Court case proceedingin Sac Countv AGCR012356and iail time ordered in the contempt/revocation District Court case#F8CR012240. The Countv Attornev rvill recommendthat the fine in the amount of $625.00be susDended.I will pay court costsand court apDointedattorney fees:to be paid as ordered bv the court, Anv no contact order previouslv issuedin this matter shall remain in effect for the length of mv probation. This plea agreementincludes that I rvill bc responsibleto pay Court costs, pal,rncntof all victim restitution,conection fiail) fee for anyjail time incurred tbr legal assistance, costsand f-ees (seeparagraph punishments B) applicable to my case. and mandatory and all surcharges havebeeu I now stateto the Court that I am, in fact GUILTY and that no threatsor promises thc elements of the madeto induceme to enter my plca of guilty. I havebeen infbrmedthat to anotherpersonthrough personalcontact.without legitilnate crime are: A communication purpose.and in a manner likely to causeannovance or halm to another,with Defendanthaving person. I understand the natureof the such annoy or alarm the specificintent to uttimidate. chargeagainstme.

G. This offensewas committed by me in Sac County Iowa by my doing the follorving: I did 13.at o
Street in Wall Lake lowa. bv mv communication to Billv Hutchinson. throush oersonal contact. without a legitimate purpose. and in a manner likelv to cause Billv Hutchinson annovanceor harm. to wit: I made a verbal threat to kill Billv Hutchinson. with the specificintent to intimidate, annoy or alarm Mr. Hutchinson.

E-FILED 2013 OCT 14 4:10 PM SAC - CLERK OF DISTRICT COURT

COUNT II I, the undersigned Defendant,have carefullyread and fully understand the following: with HARASSMENT lST DEGREE, an Aggravated Misdemeanor H . For Count ll, I am charged in violation of Iowa Codc Section 708.1(2)(a).I now requestthat my plea of not guilty be to a Pleaof Guilty. changed I . The above-stated offense is an Aggravated Misdemeanorwhich carries a maximum penalty of I further imprisonment not to exceedtwo (2) yearsand a $6,250 fine, plus statutory surcharges; to that the minimumfine is $625 plus a surcharge of 35%; and that I may be required understand pecuniary victim crime and of court appointed make restitution of damagesto any of this attomeyfees,if any, and pay the court costs. In addition,il the chargeis a violationof Code s1 9 . 8 , 7 2 5 . 1 , 7 2 5 o .2 r, C h a p t e r1 s2 4 ,1 5 5 A 4 , 5 3 B ,7 1 3 ,7 1 1 , 7 1 5 A , 7 1 6 o,r I o w aC o d eS e c t i o n1 I may be required to pay correctional 725.3,thereis an additional surcharge of $ 125.In addition, probation. I have lkewise been fees for incarceration and enrollment fees for superwised informed of all other sentcncir.rg options that may be availableto the Court, including but not the suspension of limited to thc deferral of Judgmentand Sentence, the grant of probation ar.rd imposed. sentence J . I understandthat a criminal conviction, deferredjudgment or defened sentencemay affect my immigration laws. status underfbderal

K. Ifl pleadnot guilty, I rvouldbe entitledto the followingrights. I give up theserightsby pleadrng
guilty: (l). The right to a speedy and publictrialbya juryof twelvepeople. (2). The right to havean attorneyrepresent me at trial and, if the Court found I was unableto me appointan attorney to represent affordan attomey.the Court would, at publiccxpense, (3). At trial, I would be presumed my guilt innocent until suchtime, if ever,the Stateestablished beyonda reasonable doubt. (4). At trial, a jury verdictof guilty would haveto be unanimous. (5). At trial, I would havethe privilegeagainst that is, I cannotbe forcedto self-incrimination, on the fact of my failureto testifu,and if I choosenot to testily, the Statemay not cornment I would be entitledto a jury instruction statlngthat thejury couldnot testi$ and,at my request, infer guilt from my lailure to testily. (6). At trial, the Statcwould havcto conliont me with witnesses it relied upon whosetestirnony thosewitnesses. to obtamconviction, and I would havethe right to crossexamine (7). At trial, I r.vould witnesses to testily on my behalfand to compulsory be entitledto present process thosewitnesses. to secure

L. By pleadingguilty, there will not be a trial of any kind. By pleadingguilty, I waive my right to
trial, andwill be treatedas ifI had beentried and foundguiltyby a jury.

M. The Courl, in detemriningwhether there is a lactual basislbr this plea of guilty, may make sucha
determinationby examining the Minutes of Testimony attachedto the Trial Information, by agents who haveurvestigated the offense, reviewing the investigative reportsof law enforcement the materiallacts that would be offeredat or by askingme or counselto recite and summarize trial.

E-FILED 2013 OCT 14 4:10 PM SAC - CLERK OF DISTRICT COURT

made betweenthe State The Court has the discretion to acceptor reject any plea agreement plead suiltv as charqed. The and myself The plea agreement is: For Count ll. I will the Director of the lowa Department of custodv of recommendedsentencewill be to the Corrections for an indeterminate term of up to two (2) vearsl said sentence to be with the exceptionof |nv servingsixtv (60) davs in the Sac Countv Jail. I will suspended for be placed on probation to the 2'o Judicial District Deoartment of Correctional Services previouslv given credit for iail time a neriod of two years. I understand that I will be ReleaseProeram. and that I Countv Jail Work for the Sac that I will be elisible serryed. on November25.2013 at 8:00 a.m. The iail sentence will start senins the iail sentence rvill run concurrentlv lvith the iail sentence ordered in Count I. and will also run concurrentlv with any iail sentence ordered in Sac Countv District Court case

the amount of $625.00be suspended. I will pay court costsand court appointed attornev fees:to be paid as ordered bv the court. Anv no contact order previouslv issuedin this manner shall remain in effect for the length of mv probation. This plea agreementincludes that I will be respo sible to pay court costs, payrnentof all feefor anyjail time conection(.1ail) victim restitution, incurredfbr legalassistance, costsand f'ees (seeparagraphB) applicableto my case and mandatorypunishments and all surcharges havebeen or promises I now stateto the Coufi that I am, in fact GUILTY and that no threats the elements of the informed that madeto induceme to enter my plca of guilty. I have been to anotherpersonthrough personalcontact.without legitimate crime are: A communication

cnarge a[arnstme. N. This offensewas committed by me in Sac County lowa by my doing the following: I did Street in Wall Lake lowa, by mv communicationto Laurie Hutchinson. through Dersonal contact.without a legitimate purpose.and in a manner likely to causeLaurie Hutchinson willfullv iniure Ms. Laurie Hutchinson's son. Billy Hutchinson, with the specificintent to intimidate. annov or alarm Ms. Hutchinson. and waiverof my rights I hereby statethat I submitthis writtcn pleaof guiltywith full knowledge to made against me obtain this guilty plea. have been voluntarily. No threats and I do so liecly and No promises of leniency or favorable treatment have been made, except for any plea bargain to the Court at the time ofthis guilty plea. disclosed my plesof guilty,I realize: Ifthe Court accepts (l ). The Court will set a sentencing datenot lessthanfiftecndaysalier the dateof its acceptance of this guilty plea unlessI waive this right. ln order to contestthis plea of guilty, I must file a Motion ur Arrest of Judgmentat leastfive daysprior to sentencirg. The right to file a Motion rn today. will be waivcdby havingthe Court imposca sentence ArrestofJudgrnent

E-FILED 2013 OCT 14 4:10 PM SAC - CLERK OF DISTRICT COURT

this plea of guilty, (2). If the Court imposes a sentence today,I will neverbe ableto challenge guilty plea. and I will be giving up my right to directly appealmy I ask the Coufi to acr:eptthis plea of guilty. I waive the precedingrights and my right to have me personally. the Court address WAIVER OF MOTION IN ARREST OF JUDGMENT now. I understand: my pleasof guilty, I wish to be sentenced Ifthe Court accepts no later l. In order to contestthesepleasof guilty, I must file a Motion in Arrest of Judgment pronouncement prior to of than 45 days after a plea of guilty and no later than 5 days judgment, and that the Court will set a sentencing date not lessthan fifteen daysafter the date I waivethis right, and the right to file a Motion in of this guilty pleaunless of its acceptance now. the Court imposea sentence will be waived by having Arrest of Judgment pleasof these now, I will neverbe ableto challenge 2. By havingthe Court imposemy sentence guilty and I will be giving up my right to directly appealmy guilty plea. me now and I waive any time to which I may be entitled for I herebyrequestthe Couft sentence at a laterdate. sentencing WAIVER OF RIGHT TO BE PRESENT and I have been fully advisedthat I have a constitutionalright to be presentat my sentencing that it is my choiceto be presentor not, and that no presentevidencein my own behalf I understand me lrom sentencing. onecanerclude that my decisionwhether to be presentor With the above in mind, and further understanding to be present at my not is my own decision,I hcrebyknowngly and voluntarilywaive thc sentenclng.

STATE OFIOWA SACCOUNTY

p c r s o n a lcl p ypeirr(o 'uJr' , .' to me knownto be the _-_ - Dq n V C [thesaneof thgl he executql instrurnent, and acknowledged tvlo executed the the tVegoing person namedin and o executed identical hisvoluntary actanddeed.

onrhi,14 duvof flri--

a Notary Public in and for saidState, 2013 beforen.re the undersigned,

C.Ii "^ f. Co""

'

JLIF
-. 124274

ot to*o lold t'uuti. i'l ,n,tto,,t. srur.

.Pltes MvCommis9, l'becember

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. SRCR012355 Plaintiff, vs. JUDGMENT ENTRY
AGGRAVATED MISDEMEANOR

Count I and Count II CODY ANTHONY DUPRE, DOB: 09/25/1990, Defendant. COUNT I BE IT REMEMBERED that this matter came on for sentencing. The State is represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty herein, which has been reviewed by this Court and is incorporated herein by this reference, knows of no legal cause why judgment should not now be entered, and none appears upon the record. Where upon, the Court finds that the plea of guilty was entered into voluntarily and that Defendant understood his rights which he is waiving, including the right to a trial by jury, the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other rights. The Court finds that the Defendant established a factual basis for the plea of guilty. The Court, therefore, accepts Defendants plea of Guilty and finds that Defendant is guilty of the crime HARASSMENT 1ST DEGREE, an Aggravated Misdemeanor in violation of Iowa Code Section 708.7(2)(a). IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, pursuant to Sections 708.7(2)(a), 901.5, and 903.1, of the Code of Iowa, that Defendant be sentenced to: 1. The custody of the Director of the Iowa Department of Corrections for an indeterminate prison term of up to two (2) years, which all but sixty (60) days shall be suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for time served. Said jail sentence shall run concurrently with jail sentence ordered in Count II of the above entitled matter; and any jail sentence ordered in Sac County District Court case AGCR012356 and any jail sentence ordered in the contempt/revocation proceeding in Sac County District Court case #FECR012240. a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m. b. Defendant is eligible for the Sac County Jail Work Release Program. c. Defendant shall also be assessed the correctional fee charged by the Sac County Sheriffs Office of $55.00 per day. d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on November 25, 2013 as ordered, the Sac County Sheriff is ordered at his

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

convenience, to pick up Defendant to serve said jail time. 2. Defendant is placed on probation to the Second Judicial District Department of Correctional Services, for a period of time not to exceed two (2) years. a. Defendant shall contact the Second Judicial District Department of Correctional Services within five days of this judgment entry to commence probation and pay the required probation fee. b. Defendant shall obey all Federal, State, and local laws and ordinances. c. Defendant shall timely pay all amounts ordered by this Judgment. 3. The fine in the amount of $625.00 is hereby suspended. 4. Defendant shall keep the Clerk of Court notified as to any change in address until all obligations of this case have been completed. COUNT II BE IT REMEMBERED that this matter came on for sentencing. The State is represented by Sac County Attorney Benjamin John Smith, and Defendant appears by and is represented by Attorney at Law Charles Schulte. Having filed a written plea of guilty herein, which has been reviewed by this Court and is incorporated herein by this reference, knows of no legal cause why judgment should not now be entered, and none appears upon the record. 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 a trial by jury, the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other rights. The Court finds that the Defendant established a factual basis for the plea of guilty. The Court, therefore, accepts the Defendants plea of Guilty and finds that Defendant is guilty of the crime HARASSMENT 1ST DEGREE, an Aggravated Misdemeanor in violation of Iowa Code Section 708.7(2)(a). IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, pursuant to Sections708.7(2)(a), 901.5, and 903.1, of the Code of Iowa, that Defendant be sentenced to: 1. The custody of the Director of the Iowa Department of Corrections for an indeterminate prison term of up to two (2) years, which all but sixty (60) days shall be suspended. Defendant shall serve sixty (60) days in the Sac County Jail, with credit for time served. Said jail sentence shall run concurrently with jail sentence ordered in Count I of the above entitled matter; and any jail sentence ordered in Sac County District Court case AGCR011356; and any jail sentence ordered in the contempt/revocation proceeding in Sac County District Court case #FECR012240. a. Said Jail Sentence shall commence on November 25, 2013 at 8:00 a.m.

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

b. Defendant is eligible for the Sac County Jail Work Release Program. c. Defendant shall also be assessed the correctional fee charged by the Sac County Sheriffs Office of $55.00 per day. d. In the event Defendant does not report to the Sac County Jail at 8:00 a.m on November 25, 2013 as ordered, the Sac County Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time. 2. Defendant is placed on probation to the Second Judicial District Department of Correctional Services, for a period of time not to exceed two (2) years. a. Defendant shall contact the Second Judicial District Department of Correctional Services within five days of this judgment entry to commence probation and pay the required probation fee. b. Defendant shall obey all Federal, State, and local laws and ordinances. c. Defendant shall timely pay all amounts ordered by this Judgment. 3. The fine in the amount of $625.00 is hereby suspended. 4. Defendant shall keep the Clerk of Court notified as to any change in address until all obligations of this case have been completed. IT IS FURTHER ORDERED Defendant shall pay the court costs herein and the court costs of any action dismissed pursuant to the plea agreement herein; in the amount of $100.00; to be paid as ordered by the court. IT IS FURTHER ORDERED Defendant shall make restitution for his court appointed attorney fees, in the amount of $204.00; to be paid as ordered by the court. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment and all amounts ordered in Sac County District Court cases AGCR012356 and FECR012340, by paying $100.00 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.

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

IT IS FURTHER ORDERED that any no contact order previously issued in this matter shall remain in full force and effect during Defendants probationary period.

Defendant having appeared and sentence being pronounced, IT IS FURTHER ORDERED that any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution.

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 $6500.00.

Original filed EDMS, copy to: County Attorney Defendant/Defense Counsel- Charles Schulte Sac County Jail DOC

E-FILED 2013 OCT 16 8:58 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012355 ORDER FOR JUDGMENT Case Title STATE VS CODY ANTHONY DUPRE So Ordered

Electronically signed on 2013-10-16 08:58:58

page 5 of 5