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

* FttfO
EM T H E IOWA DISTRICT COURT F O R SAC COUNTY M A G I S T R A T E DIVISION STATE OF. IOWA, Plaintiff M A G I S T R A T E NO.

2 0 1 3 DEC-5 A M 8

INITIAL APPEARANCE

Defendant

idei

V day of _, 20_f_? the the Defendant Defendant herein herein appeals before the On this ~ agistrajte ii^and for Sac County, having been charged with the crime of Pit fc^4^,,-y->|37 Cx~ r*Q UJf ft U . , being a violation of Section [ Z S / r t Z t C ) ) ofth'eiCode of The Court ad-vises tne 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 ofthe proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. , which is classified as:

Iowa.

2. That he/she is charged with a violation of Section Felony - Class _ Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction ofthe above charge is: X. One Year County Jail Years Prison K And/Or $ ? ^ | 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-appointed counsel mnst be completed, reviewed by the Sac County Attorney and filed with this Court (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. Ifyou willfully faO to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (b) ^fs (If appropriate) Upon consideration of the factors in Section 811 JS, the Court is not reasonably assured that yon mQ appear at all court proceedings in the future and. therefore the Court imposes lhe f/Hlow^g conditions on y j p r release: fity^QgrX^ ^ l i . ^ . j/yl'f ^~

5.

6. Defendant is entitled to a prelijninary 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 Mm/her, or a Trial Information may he 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:

X.

Set for the * U

day of / Q ^ _ V - - A M ,20/4at (!', (?6 AM. in the

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa. If. a preliminary hearing date has been set; you should contact the county attorney at (712) 662-4791 before attending this hearing to deterinine whether or not it wiH 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. TE DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS EROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED A T HIS CONVTSNTJENCE 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 ADA coordinator at (641) 421-0990. (Ifyou are hearing impaired, call Relay low a TTY at 1-800-735-2942.)

Warren L. Bush/Joseph J. Heidenreich, Judicial Magistrate

Copies to: t-<!ounty Attorney (^Defendant L^SScCounty Sheriff

DISTRICT COurti Uh low* SAC COUN 11 FILED

2 0 1 3D E C -5 m 3 = 2 6
IN THE IOWA DISTRICT COURT FOR. STATE OF IOWA or Plaintiff/Petitioner, vs. \ ' C~"i > FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL Sac COUNTY Criminal Civil

Defendant/Respondent

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: PA ^T i J V . >
!

Ttf"l"

BirthDate: ' -tf.-'-V^ E-mail:

' i"

r-.hJ Home Phone: / j -- f )^J^ L- -- Cell Phone: Street Address: Pending charges: ' //./ U ' cM Street/P.O. B o r ' W K \\0 W Apt# QT I Q I
L

5 C#
City,
r

i\

o\

State

Zip

^Vkk

l\J\5Xi, In Jail? |Sf Yes No )

Do you have ajob? W No Job Who do you work for?

Yes, Full Time

Yes, Part Time (List Hours/week;

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

per hour month year

How much money have you made in the last 12 monthsfromany source, before taxes or deductions?. -How many family members are supported by or live with you? _ i _ _ If a spouse lives with you, how much money does your spouse make? List all other money you, or anyone else living in your household, has coming in: per hour. month year-: J LA "j~f ' ' (.'
;
v

-+ . V i .' f \

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings,' cash, or anything else worth more than $100: 1V g f., C -. '

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

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

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 financial hardship.

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.

1 of 2

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

State of Iowa Courts Case Number SRCR012469 Type: Case Title STATE VS JUSTIN DAVID STORK ORDER APPOINTING So Ordered

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

2 of 2

E-FILED 2013 DEC 11 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK Defendant. TRIAL INFORMATION CASE No. SRCR012469

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 - 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 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

ROYCE KEMMANN, Peace Office, City of Lake View

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012469 Approval of Trial Information Case Title STATE VS JUSTIN DAVID STORK

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 2013-12-16 11:15:54

page 3 of 3

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK, Defendant. T*e TRIA+ INFOR(ATION and t*e (INUTES OF EVIDENCE in t*i, -atte. *ave /een e0a-ined and f 1nd t 2 ntain ,1ffi2ient eviden2e, if 1ne03lained, t 4a..ant a 2 nvi2ti n in a t.ial /5 61.5, t*e.ef .e, t*i, -atte. ,*all /e ,et f . A..ai7n-ent. IT IS HERE)Y ORDERED, t*e defendant ,*all 3e., nall5 a33ea. f . A..ai7n-ent at t*e Sa2 C 1nt5 C 1.t* 1,e, Di,t.i2t C 1.t. -, "!! NW State St.eet, Sa2 Cit5, I 4a n t*e December 30, 2013 and 9:00 a.m. T*e Defendant i, HERE)Y NOTIFIED t*at fail1.e t a33ea. 4ill .e,1lt in t*e i,,1an2e f an a..e,t 4a..ant. IT IS FURTHER ORDERED, the Defendant i re!ea ed fr"m c# t"d$, %ith"#t b"nd, "n hi "%n rec"&ni'ance and (r"mi e t" a((ear. Defendant ,*all a33ea. f . all ,1/,e81ent 3. 2eedin7, in t*i, -atte.. T*e Defendant ,*all /e5 all Fede.al, State, and + 2al la4,. ORDER SETTIN' ARRAI'N(ENT AND )OND CASE N . SRCR!"#$%&

State of Iowa Courts Type: Case Number SRCR012469 ORDER FOR ARRAIGNMENT Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-16 11:15:54

page 2 of 2

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK, Defendant. T*e TRIA+ INFOR(ATION and t*e (INUTES OF EVIDENCE in t*i, -atte. *ave /een e0a-ined and f 1nd t 2 ntain ,1ffi2ient eviden2e, if 1ne03lained, t 4a..ant a 2 nvi2ti n in a t.ial /5 61.5, t*e.ef .e, t*i, -atte. ,*all /e ,et f . A..ai7n-ent. IT IS HERE)Y ORDERED, t*e defendant ,*all 3e., nall5 a33ea. f . A..ai7n-ent at t*e Sa2 C 1nt5 C 1.t* 1,e, Di,t.i2t C 1.t. -, "!! NW State St.eet, Sa2 Cit5, I 4a n t*e December 30, 2013 and 9:00 a.m. T*e Defendant i, HERE)Y NOTIFIED t*at fail1.e t a33ea. 4ill .e,1lt in t*e i,,1an2e f an a..e,t 4a..ant. IT IS FURTHER ORDERED, the Defendant i re!ea ed fr"m c# t"d$, %ith"#t b"nd, "n hi "%n rec"&ni'ance and (r"mi e t" a((ear. Defendant ,*all a33ea. f . all ,1/,e81ent 3. 2eedin7, in t*i, -atte.. T*e Defendant ,*all /e5 all Fede.al, State, and + 2al la4,. ORDER SETTIN' ARRAI'N(ENT AND )OND CASE N . SRCR!"#$%&

State of Iowa Courts Type: Case Number SRCR012469 ORDER FOR ARRAIGNMENT Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-16 11:15:54

page 2 of 2

E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT OF SAC COUNTY -------------------------------------------------------------------------------------------------------------------STATE OF IOWA, ) Plaintiff, ) No. SRCR0102 !" #$. ) ) ORDER TO WITHDRAW ) %USTIN DA&ID STOR', ) D(f(n)ant. ) -------------------------------------------------------------------------------------------------------------------ORDER No*, on t+i$ 1,t+ )a- of D(.(/0(1, 2012, t+( Co31t +a#in4 1(#i(*() t+( 5otion to Wit+)1a*, fin)$ t+( /otion $+o3l) 0( 41ant(). ACCORDIN67Y, IT IS HERE8Y ORDERED t+at Ro0(1t P(t(1$on i$ a99oint() to 1(91($(nt t+( D(f(n)ant at 930li. (:9(n$(.

E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012469 OTHER ORDER Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-18 07:19:10

page 2 of 2

E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT OF SAC COUNTY -------------------------------------------------------------------------------------------------------------------STATE OF IOWA, ) Plaintiff, ) No. SRCR0102 !" #$. ) ) ORDER TO WITHDRAW ) %USTIN DA&ID STOR', ) D(f(n)ant. ) -------------------------------------------------------------------------------------------------------------------ORDER No*, on t+i$ 1,t+ )a- of D(.(/0(1, 2012, t+( Co31t +a#in4 1(#i(*() t+( 5otion to Wit+)1a*, fin)$ t+( /otion $+o3l) 0( 41ant(). ACCORDIN67Y, IT IS HERE8Y ORDERED t+at Ro0(1t P(t(1$on i$ a99oint() to 1(91($(nt t+( D(f(n)ant at 930li. (:9(n$(.

E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012469 OTHER ORDER Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-18 07:19:10

page 2 of 2

E-FILED 2013 DEC 27 11:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK, Defendant.

Criminal No. SRCR012469

WRITTEN ARRAIGNMENT AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath states: 1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108 West 8th a, P.O. Box 1144, Carroll, IA 51401, 712-792-4485. 2. My current mailing and residence addresses and telephone number are: View, IA 51450 712-657-9605 111 Vine St, Lake

3.

I am 2 4 years old. I can read and understand the English language and have completed the following level of education: ILLS I have been advised by the above named attorney and understand that I have a right to arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this written arraignment and plea of not guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this written arraignment and plea of not guilty. I have received a copy of the indictment/trial information which charges me with the crime(s) of Unlawful Possession of a Prescription Drug in violation of Iowa Code section(s) 155A.21 (2013). I have read it, and I have familiarized myself with its contents. 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/trial information upon the ground I am improperly. named. [ ] b. The name shown on the indictment/trial information is not my true name. My true name is . I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had

4.

5.

6.

E-FILED 2013 DEC 27 11:50 AM SAC - CLERK OF DISTRICT COURT

against me by that name, the indictment/trial information will be amended accordingly, and when the indictment/trial information is so amended I will be precluded from objecting upon the ground I am improperly named. 7. I have been advised and understand that I may plead guilty, not guilty, or former conviction or acquittal. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above named attorney, and I waive any further time in which to enter a plea. I plead NOT GUILTY to the charge(s) of Unlawful Possession of a Prescription Drug

8.

9.

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90 days after indictment/filing of trial information and [check either "a" or "b"]: [ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b). ] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b). 11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be

available for trial on the following days:

Defendant State of Iowa Carroll County, ss. Sut scribed, sworn to, and acknowledged before me by Justin Stork this , 20

.c:

day of

Notary public or other officer authorized to take and certify acknowledgements and administer oaths. [seal]
ROBERT E. PETERSON Commission Number 758404 MY COMMISSI PIRES MAY 21,

5--

E-FILED 2013 DEC 30 11:12 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JUSTIN DAVID STORK , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on December 27, 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 Robert Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on March 4, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 02/05/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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

Case No. 02811 SRCR012469

ORDER FOR TRIAL

E-FILED 2013 DEC 30 11:12 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 DEC 30 11:12 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012469 Type: Case Title STATE VS JUSTIN DAVID STORK ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-12-30 11:13:23

3 of 3

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

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

vs.

02811 SRCR012469 ORDER OF CONTINUANCE

JUSTIN DAVID STORK , Defendant.

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

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

1 of 2

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

State of Iowa Courts Case Number SRCR012469 Type: Case Title STATE VS JUSTIN DAVID STORK ORDER FOR CONTINUANCE So Ordered

Electronically signed on 2014-02-05 11:01:25

2 of 2

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

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

E-FILED 2014 FEB 19 2:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

VS.

No. SRCR012469 GUILTY PLEA (Serious Misdemeanor)

JUSTIN DAVID STORK, DOB: 10-16-1989, Defendant. COUNT I

I, the undersigned Defendant, have carefully read and fully understand the following: I am charged with UNLAWFUL POSSESSION OF A PRESCRIPTION DRUG, a Serious Misdemeanor in violation of Iowa Code Section 155A.21; and I hereby request that my plea of guilty to the charge be entered of record. A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one year in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all court costs 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 of sentencing unless a payment plan is approved by the Court within thirty days of the Judgment entry. In addition, if the charge is a violation of Iowa Code Chapters, 124, 155A, 453B, 713, 714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an additional Law Enforcement Initiative surcharge of $125. I acknowledge that, the Court may order me to perform community service work if the Court is of the opinion that community service work will deter and discourage others from similar criminal activity. (The rate at which community 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 fees for probation. I am aware that sentencing options may include deferral of Judgment and Sentence, the grant of probation and the suspension of the sentence imposed. B. I understand that, a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws. C. If I plead not guilty, I would be entitled to the following rights. I give up these rights by pleading guilty: (1). The right to a speedy and public trial by a jury of twelve people. (2). The right to have an attorney represent me at trial and, if the Court found I was unable to afford an attorney, the Court would, 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 my guilt beyond a reasonable doubt. (4). At trial, a jury verdict of guilty would have to be unanimous. (5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to testify, and if I choose not to testify, the State may not comment on the fact of my failure to testify and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my failure to testify.

E-FILED 2014 FEB 19 2:39 PM SAC - CLERK OF DISTRICT COURT

(6). At trial, the State would have to confront me with witnesses upon whose testimony it relied 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 to compulsory process to secure those witnesses. D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to 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 make such a determination by examining the Minutes of Testimony attached to the Trial Information, by reviewing the investigative reports of law enforcement agents who have investigated the offense, or by asking me or counsel to recite and summarize the material facts that would be offered at trial. The Court has the discretion to accept or reject any plea agreement made between the State and myself. The plea agreement is: I will plead guilty to Count I. The recommended sentence is 30 days in the Sac County Jail, with credit for time served, which will be suspended. I will pay a fine in the amount of $315.00, plus the 35% surcharge in the amount of $110.25, the LEI surcharge in the amount of $125.00, court costs, and court appointed attorney fees: to be paid as ordered by the Court. This plea agreement includes that I will be responsible to pay court costs, payment of all costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail time 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 been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: Possession of a drug limited to dispensation by prescription and said drug was

not 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 or

about the 3rd day of December 2013 at the 400 block of Vine Street, Lake View unlawfully and willfully possess a drug limited to dispensation by prescription and said drug was not lawfully dispensed to me.
F. I 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 this guilty plea. No promises of leniency or favorable treatment have been made, except for any plea 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 its acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today. (2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty, and I will be giving up my right to directly appeal my guilty plea. 2

E-FILED 2014 FEB 19 2:39 PM SAC - CLERK OF DISTRICT COURT

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT

If the Court accepts my plea of guilty, I wish to be sentenced now. I understand 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 of judgment, and that the Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right, and the right to file a Motion in Arrest of Judgment will 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 plea of guilty and I will be giving up my right to directly appeal my guilty 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 sentencing and 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 present or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my sentencing.

A115\1\ Defendant, Justin David Stork

ey for Defendant, Robert E. Peterson
STATE OF IOWA ) SS SAC COUNTY T this
On day of t"-- --6/14-492014, before me the undersigned, a Notary Public in and for said State, personally appeared "t-E... co--0 "ry._ to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.
,

Not Public in and for the State of Iowa

E-FILED 2014 FEB 20 1:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 02811 SRCR012469 Plaintiff, vs. JUSTIN DAVID STORK , Defendant.

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in this cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 03/19/2014 at 11:00 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 arrest being issued.

1 of 2

E-FILED 2014 FEB 20 1:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012469 Type: Case Title STATE VS JUSTIN DAVID STORK OTHER ORDER So Ordered

Electronically signed on 2014-02-20 13:47:18

2 of 2