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E-FILED 2014 OCT 12 9:15 PM SAC - CLERK OF DISTRICT COURT
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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:
The defendant must post a cash only bond in the amount of $2,600, $2,000 for the eluding chargeand $200 for each of the simple misdemeanors.
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 hearingis:
Waived
Preliminary Hearing is scheduled on 10/20/2014 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 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 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
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E-FILED 2014 OCT 13 10:54 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-10-13 10:53:50
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E-FILED 2014 OCT 13 10:54 AM SAC - CLERK OF DISTRICT COURT
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In support of my application for appointment of counsel, and und er penalty of perjury, the undersigned states:
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8/9/2019 AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF, VS. RALPH J FREESE ,
DEFENDANT.
02811 AGCR012668
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. The defendant shall contact their attorney within 48 hours.
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E-FILED 2014 OCT 13 11:26 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER APPOINTING
So Ordered
Electronically signed on 2014-10-13 23:26:41
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E-FILED 2014 OCT 13 11:26 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )Plaintiff ) AGCR012668
)
Vs. ) APPLICATION FOR) RELEASE FROM CUSTODYRALPH J. FREESE )
Defendant
______________________
COMES NOW the defendant, Ralph J. Freese, through his court appointed
attorney, Charles A. Schulte, and states:
1. The Defendant is in custody and does not have the ability to post bond.
2.
The Sac County Attorney has no objection to his release upon his own promise to
appear at future proceedings.
WHERFORE: the Defendant prays the Court to enter an order releasing him fromcustody during the pendency of this action upon his promise to appear at future
proceedings.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C421 Main St., P.O. Box 392Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net
E-FILED 2014 OCT 14 2:00 PM SAC - CLERK OF DISTRICT COURT
mailto:schulaw@prairieinet.netmailto:schulaw@prairieinet.netmailto:schulaw@prairieinet.net
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS RALPH J FREESE
Defendant
02811 AGCR012668
ORDER
This matter comes before the court on the defendant's application for release without bond. Based onthe facts recited in the citation and the court's discussion with the defendant's passenger during hiseluding offense in which he told the court that he told the defendant to stop the car but the defendantrelied that "he needed to run" the court believes that the defendant is a flight risk, and based onthe facts alleged in the complaint the court gave serious consideration to making a finding that for
purposes of public safety the defendant should be held without bond.
In light of the foregoing the defendant's motion is denied. If the defendant wants a hearing is will beheld on October 20, 2014 at 11:00 a.m.
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E-FILED 2014 OCT 15 8:54 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: OTHER ORDER
So Ordered
Electronically signed on 2014-10-15 08:54:40
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E-FILED 2014 OCT 15 8:54 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS RALPH J FREESE
Defendant
02811 AGCR012668
ORDER
This matter comes before the court on the defendant's application for release without bond. Based onthe facts recited in the citation and the court's discussion with the defendant's passenger during hiseluding offense in which he told the court that he told the defendant to stop the car but the defendantrelied that "he needed to run" the court believes that the defendant is a flight risk, and based onthe facts alleged in the complaint the court gave serious consideration to making a finding that for
purposes of public safety the defendant should be held without bond.
In light of the foregoing the defendant's motion is denied. If the defendant wants a hearing is will beheld on October 20, 2014 at 11:00 a.m.
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E-FILED 2014 OCT 15 8:54 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: OTHER ORDER
So Ordered
Electronically signed on 2014-10-15 08:54:40
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E-FILED 2014 OCT 15 8:54 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS RALPH J FREESE
Defendant
02811 AGCR012668
ORDER
This matter comes before the court for bond review. The issues before the court are whether thedefendant is a flight risk and also whether he is likely to create a risk to the public if he has released.The fact that the defendant eluded law enforcement is of grave concern to the court since not onlydid it pose a risk to the defendant and his passenger but also to others using the roadways. The courthas had a discussion with the defendant about its expectations if he is released and the defendant
has agreed that he will comply with the following conditions. First, he is not to use any alcohol,tobacco products or illegal drugs pending disposition of the charges. Second, he is to immediatelytake action to secure employment and shall report to the court on a weekly basis the actions takenand the results of those actions. That report can either be provided in person or by calling 712 - 664- 2892. Third, he shall obey all laws of the state of Iowa and the United States. Fourth, he specificallyshall not drive while his license remains suspended or will he is barred from driving. In the event thatthe defendant violates the terms of this release order then he shall be arrested and held in the SacCounty Jail pending trial on the underlying charges.
Copy Provided to Defendant
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E-FILED 2014 OCT 20 11:28 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: OTHER ORDER
So Ordered
Electronically signed on 2014-10-20 11:27:55
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E-FILED 2014 OCT 20 11:28 AM SAC - CLERK OF DISTRICT COURT
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
RALPH J FREESE ,
Defendant.
Case No: 02811 AGCR012668
ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment isscheduled on 11/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney
E-FILED 2014 NOV 07 8:46 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
AGCR012668 STATE VS RALPH JOHN FREESE
So Ordered
Electronically signed on 2014-11-07 08:47:10 page 2 of 2
E-FILED 2014 NOV 07 8:46 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.RALPH JOHN FREESE,
DOB: 4-18-1994
Defendant.
CASE No. AGCR012668
TRIAL INFORMATION
COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County
Iowa and in the name and by the authority of the State of Iowa, accuses
Defendant, RALPH JOHN FREESE (“Defendant”) of the crime of ELUDING OR
ATTEMPTING TO ELUDE PURSUING LAW ENFORCEMENT VEHICLE, an
Aggravated Misdemeanor in violation of Iowa Code section 321.279(2)
committed as follows: On or around October 12, 2014, in Sac County, Iowa,
Defendant, while driving a motor vehicle, willfully failed bring the motor vehicle to
a stop or otherwise eluded or attempted to elude a marked official law
enforcement vehicle that is driven by a uniformed peace officer after being given
a visual and audible signal as provided in this section and in doing so exceeded
the speed limit by twenty-five miles per hour or more.
E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT
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A TRUE INFORMATION
_________________________
Benjamin John SmithSac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT
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WITNESS LIST
NATHAN BOECKMAN, Peace Officer, Lake View Police Department
E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
AGCR012668 STATE VS RALPH JOHN FREESE
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 2014-11-07 08:47:10 page 4 of 4
E-FILED 2014 NOV 07 8:47 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
RALPH J FREESE ,
Defendant.
02811 AGCR012668
ORDER RESCHEDULING ARRAIGNMENT
Defendant requests a continuance of the arraignment. The request is granted.
IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 12/03/2014
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel
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E-FILED 2014 DEC 02 12:18 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER FOR CONTINUANCE
So Ordered
Electronically signed on 2014-12-02 12:17:58
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E-FILED 2014 DEC 02 12:18 PM SAC - CLERK OF DISTRICT COURT
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IN
THE IOWA
S ATE OI IOWA.
DISRICTCOURTFOR SAC COUNTY
Vs.
RAI,PII
OHN REESE.
Defendant
CRIMINAI,
O.AGCRO12668
WRI'IfEN ARRAIGNMENT,
PLEAOFNOT GUILT'Y
Date
Trial Information iled: 11/07/2014
COMESNOW
the Defendantn the above-captioned
rimir.ralaseand
underoathstates:
1. am
representedy AttorneyCharles
. Schulte.
'vhose
ddress
nd
phone
number
are
, t21
Main Sr. ,PO
Box 392.SacCity. A. 50583;(712)
62-4715.
2. Ml culrentmailing
and esidcncc ddress nd
phone
numbcrare 104
\'. I'' St.,P.O.
I lox 502.Wal l Lake. A 51466.My phonc umbers: 712-664-297. My date 1-bir ths
04-18-1994.
can eadandunderstand
he English
anguage ndhavccompletedhe
following er,'el f
education:2 Years.
4. I havebeen
advised vm)'attorney
andunderstandhat
havea right o anaignment
in open
-'ourt,
nd voluntarily
n'aive hat ight.choosing
nstcad o sign his
Written
Arraigr.rmcnt
ndPleaof
Not Guiltl . I understand
hat imes br
l
urther
procccdings
whicharecomputed
rorl the dateof arraignment
ill be computed
rom the dateof
filing
this WrittenArraignment
ndPlcaof Not Guilty.
5. I have eceived copy of the lrial Inlbrmation 'hichchargesme
u'ith thc crimeof
COUNT
I: ELUDING
OR ATTEMPTING
TO ELUDE
PURSUING
LAW
ENFORECEMENT
VEHICLE
in violation of lo*'a Code
Scction321'279(2)'
6. With regard
o the nameby
which I am cl.rarged
n tlie Trial h.rfbrmation
eithcr
check
a
or check
andcomplete b ):
,/'
\
i{
tlte nameon
theTrial Inlbrmation
s my true name.
I havebeenadvised
andunderstand
hat am
now
precluded
rornobjccting
o he'l
rial Information pon
he
ground
hat
anr mproperll'
.ramed.
( )b. The nameshorvn n thc
l
rial Informations not my truename. My true
name s. I
requesthatan entry
be made n the
minutes horving
my truename.
I hal'e
been
advised nd
understand
urthcr
proceedings
ill
be hadagainst
me by that
name.
thc Trial
Information
will be amended
ccordingly, nd
when he Trial
Information
s so
amended.
u'ill be
precluded
rom objecting
pon
hc
grounds
am
n.rproperll'
amcd.
7. I have
bccnadvised
nd understand
hat
may
plcadguiltl'. not
guilty
or
fotmer
conviction
r acquittal.
E-FILED 2014 DEC 02 2:26 PM SAC - CLERK OF DISTRICT COURT
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8.
For he
purposc
f this anaignment, have
had
sufficient
ime o discussmy case
'ith
my attorney, nd
u'aive
any
urther
ime
n rvhich o entcra
plea.
9. I
plead
NOT GIIILTY 1o
he
charges
n
paragraph
abovc.
10. I havebecnadvised ndunderstandhat
havea right underRule 2.33(2)(b) fthe
Iov'a Ruleso/ CrintinalProcedure o a
trial r 'ithinninctydays/one
ear
after he
iling of
the l'rial nlbrmationand
check
either a
or
b ):
(
)
a. I dernand peedy
rial
pursuant
o Rule 2.33(2)(b) nd
c) .
(y),6
T
r'aive
rl right to a speedyrial
pursuar.rto Rul c 2.33(2)
b)
and
c) .
11. I
requesthata trial datebeset
pursr-lant
o Itulc 8.1 of the ̂ /ol,a
Ruleso/ Criminal
Procedurc.
My attorncyand will be available
iir trial on the
ollowing days:Any
Time.
Original
to bc filcd with Clerk
of Court
Copy
provided
to :
CounQ
Attorney
Attorney for Def-endant
E-FILED 2014 DEC 02 2:26 PM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs. RALPH J FREESE ,
Defendant.
Case No: 02811 AGCR012668
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on December 2, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State 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.
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E-FILED 2014 DEC 03 8:46 AM SAC - CLERK OF DISTRICT COURT
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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.
Clerk to provide copies to:County Attorney, Defense Attorney or Defendant
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E-FILED 2014 DEC 03 8:46 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-12-03 08:45:10
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E-FILED 2014 DEC 03 8:46 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
RALPH J. FREESE,
Defendant.
Case No. AGCR012668
REPORT OF PRETRIALCONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:
1. A tentative plea agreement has been reached the terms of which are
as follows: The defendant has agreed to plead guilty to Count 1 of the Trial
Information, and the State has agreed to recommend the following to the Court:
1) that the defendant receive a 6-month jail sentence, with all but the time
defendant has already served, suspended; 2) that the defendant pay all
applicable court costs and fees; 3) that the minimum fine be suspended; 4) thatdefendant be placed on informal probation with the Sac County Probation Office
for a period of one year; and 5) that the three “companion” citations filed in
SMCR012669, as well as those filed in STA0021774, STA0021775, and
STA0021776, be dismissed with costs to defendant.
2. Defendant intends to submit a written guilty plea by February 4, 2015.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
E-FILED 2015 JAN 21 4:00 PM SAC - CLERK OF DISTRICT COURT
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__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2015 JAN 21 4:00 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
RALPH J FREESE ,
Defendant.
02811 AGCR012668
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 02/04/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
1 of 2
E-FILED 2015 JAN 22 10:22 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: OTHER ORDER
So Ordered
Electronically signed on 2015-01-22 10:21:24
2 of 2
E-FILED 2015 JAN 22 10:22 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff / Petitioner, vs.
RALPH J FREESE ,
Defendant / Respondent.
02811 AGCR012668
ORDER OF CONTINUANCE
Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Hearing is scheduled on 02/18/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney
1 of 2
E-FILED 2015 FEB 04 11:55 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER FOR CONTINUANCE
So Ordered
Electronically signed on 2015-02-04 11:55:06
2 of 2
E-FILED 2015 FEB 04 11:55 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
RALPH JOHN FREESE,
Defendant.
Nos. AGCR012668, STA0021774,
STA0021775, STA0021776,
SMCR012669
MOTION TO DISMISS PURSUANT TO
IOWA R. CRIM. P. 2.33
COMES NOW the State of Iowa, through Sac County Attorney Ben Smith,
and states the following in support of its Motion to Dismiss:
1. Since Defendant’s arrest, Defendant has obtained meaningful,
fulltime employment, and will soon be able to obtain his driver’s license.
2. The parties have agreed to dismiss this matter, and all the ancillary
simple misdemeanor citations, without prejudice, to afford Defendant a final
opportunity to prove he can be a regular contributing member of society.
3. Defendant understands that if he has any further violations of the
law, or fails to maintain meaningful, fulltime employment, or fails to pay costs, the
State will re-file, and prosecute all the charges herein to the fullest extent of the
law.
4. Law enforcement is in agreement with this course of action.
WHEREFORE, based on the foregoing, the State respectfully requests
that the Court dismiss this case without prejudice, with costs to the Defendant,
and order such other reliefs the Court deems just and equitable in the premises.
____________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: attorney@saccounty.org
E-FILED 2015 FEB 10 9:46 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf
36/37
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
RALPH JOHN FREESE,
Defendant.
Case Ns. A!CR"#$%%&, STA""$#''(,STA""$#''), STA""$#''% and
S*CR"#$%%+
ORDER
NOW, n tis #"t
da- f Fe/0a/-, $"#), te 10/t is in /e1ei2t f te State3s
*tin t Dis4iss te ave51a2tined 1ases. Te *tin states 6d 1a0se ands0ld e 6/anted.
IT IS THEREFORE ORDERED tat te State3s *tin t Dis4iss is 6/anted.
Te ave51a2tined 1ases a/e dis4issed and 1sts a/e ta7ed t te Defendant.
Cle/8 t f0/nis 12ies t9Sa1 C0nt- Att/ne-Defense C0nsel
E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
AGCR012668 STATE VS RALPH JOHN FREESE
STA0021776 STATE vs. FREESE, RALPH JSTA0021775 STATE vs. FREESE, RALPH J
STA0021774 STATE vs. FREESE, RALPH J
SMCR012669 STATE VS RALPH JOHN FREESE
So Ordered
Electronically signed on 2015-02-10 14:59:06 page 2 of 2
E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT