OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf

8/9/2019 OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf

1/23


2/23

E-FILED 2014 OCT 17 8:38 AM SAC - CLERK OF DISTRICT COURT


3/23



4/23

IN

T H E

I O W A

DISTRICT

C O U R T

FOR

Sac

DiSTRICl COuKi i

IOW

S CCOUNTY

FILED

y

7niLnrTgoyNT,x

so

.

j

h

S T A T E

O F

IOWA

or

Plaintiff/Petitioner,

cdmUx

Dew

Cfit^tree

,

Defendant/Respondent.

minal

Civi l

O

OVOCfiom/TL

F I N A N C I A L A F F I D A V I T /A P P L I C A T I O N

F O R A P P O I N T M E N T

O F

C O U N S E L

In

support of

my

application

fo r

appointment of

counsel,

and under penalty of perjury, the undersigned

states:

Name: C J l f f / f i J ^ f f t J C t C t h b t r

t.


5/23

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.CHARLES DEAN CRABTREE ,

DEFENDANT.

02811 OWCR012672

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 (712) 662-4715, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 OCT 21 12:24 PM SAC - CLERK OF DISTRICT COURT


6/23

State of Iowa Courts

Case Number Case TitleOWCR012672 STATE VS CHARLES DEAN CRABTREEType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-10-21 12:24:40

2 of 2

E-FILED 2014 OCT 21 12:24 PM SAC - CLERK OF DISTRICT COURT


7/23

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

CHARLES DEAN CRABTREE , Defendant.

Case No: 02811 OWCR012672

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSECharles Schulte was appointed but is in court in Calhoun today. He is charged with reviewing this withhis client.

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail - Minimum 2 days

Years Prison

And/Or a fine of not less than $1250 or more than $1875

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

1 of 3



8/23

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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:

(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST

WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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 at : AM at the .

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 THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

2 of 3



9/23


Case Number Case TitleOWCR012672 STATE VS CHARLES DEAN CRABTREEType: HEARING FOR INITIAL APPEARANCE

So Ordered


3 of 3



10/23

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.CHARLES DEAN CRABTREE,

Defendant.

CASE NO. OWCR012672

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, CHARLES DEAN CRABTREE (Defendant) of the crime of

OPERATING WHILE INTOXICATED FIRST OFFENSE, Serious Misdemeanor

in violation of Iowa Code Section 321J.2 committed as follows: On or about

October 17, 2014 in Sac County and State of Iowa, Defendant did unlawfully and

willfully operate a motor vehicle by one or more of the following means: while

under the influence of an alcoholic beverage or drugs or a combination of such

substances; while having an alcohol concentration of .08 or more as measured in

the person's breath, blood or urine; and while any amount of a controlled

substance is present in the person as measured in the person's blood or urine.

E-FILED 2014 NOV 07 8:48 AM SAC - CLERK OF DISTRICT COURT


11/23

A TRUE INFORMATION

_________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]



12/23

WITNESS LIST

KENNETH MCCLURE, Sheriff, Sac County Sheriffs Office

MICHAEL M. TATE OR JAMES A. BLESKACEK, DCI Criminalist



13/23


Type: Approval of Trial Information

Case Number Case Title

OWCR012672 STATE VS CHARLES DEAN CRABTREE

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 08:48:11 page 4 of 4



14/23

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

CHARLES DEAN CRABTREE ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin 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



15/23


Type: ORDER FOR ARRAIGNMENT



So Ordered




16/23

N o v . 1 8 ,

0 1 4 : 4 5 P | /

TCF]ARMAR

51-636-0691

IN

TI{E

IOWA

DISRICT

COURT

FOR

SAC

COUI\NY

N 0 3 2 9 9

1

STATE

F OWA,

Vs.

CHARLESEANCRABTREE,

Defendant

CRIMINAL

NO.OWCR012672

WRITTENARRAIGNMENT,

PLEAOFNOTGTIILTY

coMEsNowrheDerendantinthe"u","_*or3uJi#*

:f:#*lfi:i;:yf

ti1?"rJ

l:l 1ry

p:".Tt

d by

Attomey

Charles

. Schulre,

hose

ddress

nd hone

umber

re

42I

Main t.,

O

Box

392, ac

ity,

A,

50583;

in1

ASz iis.

?. W:yygt

gliling

and

esidence

ddress

nd

hone

rrr:lber

re

.O.

Box

600402,

t.

Paul

MN 55106

y

phone

umber

s:205_570-0:bf

ray

ut

of

irth s 08-17-1950.

canead nd-understandheEngrishanguagend aveompretedt. rouowiog"u"ror

education:

2Years,

4. I

havebeen dvised

y my attorncy

ndunderstand

hat

have

a right to

anaigamont

rn open

Court,and

voluntarily

w_aive

hat

ngh choosing

nstead

o slgn his

Wltten

Araignment

and

Plea

of Not

Guilty.

I underitand

hat

iies

for

furthei

proceedings

which

arecomputed

rom

he date

of anaigument

ill

becomputed

rom he

date

of

filing

this

Witten

Arraigruaenr

tral

lea

oiNot

Gurlty.

5:Il::,-"*1ve1

a

copyof the

Trial Information

hich

charges

e with

rhecrime

of

couNT

I: OpERATTNG

WIIILE

INTOXICATED,FrF:STOFFENSE,nviolstion

of

IowaCode

Section

21J,2,

6

.with.regard

o

thename

by which

am

charged

n the

Trial Information

either

heck

"a" or check

nd

omplete

b"):

,/

. .KlyThe

nane

on the

Trial

Infomation

s

my ue name,

have

been dvised

T:.:10:"t-rlTd

fll"

I am

now

precluded

rom

objecring

o rhe

Trial

Inforoadon

upoa

he

grouno

at I am mproperly

amed.

(

)b.

The

name hown

on the

Trial

nformation

s not

my tue na&e.

My true

names.

i requesthat

an enty

bemade

n theminutes

howing

my

true

name I havoDeen d\'lsed ndundersta-ndiutherproceedings

ill

behadagainst

me

by thatname,

the

Trial

Information

will be

amendet

ccordingly,

rd

when

le Trial

Irrformation

s

io

arnended,

will

be

precluded

rom objecting

pon hegrounds

am mproperly

amed.

7.

I have

beenadvised

nd

understand

hat

may

plead

guilty,

not

guilty

or forrner

conviction

r acquittal.

E-FILED 2014 NOV 18 5:00 PM SAC - CLERK OF DISTRICT COURT


17/23

N o v , 1 8 ,

0 1 4 : 4 5 P M

CF ARr/AR

it-615-059i

N o , 3 2 9 9

.

2

8. For

he

purpose

f this anaignment,

have adsufflcielt ime

o discuss

my casewith

my attorney, nd waiveany urther

ime

n which o enter

plea.

9. I

plead OT GUILTY to hechargesn

paragraphabove.

10. have oen dvised

nd

understandhat have right

under ule .33(2)(b)

fthe

Iowa Rulesf CriminalProcedureo a rialwithinninetydays/oneearaffer he ilingof

theTrial

nfonnationnd

cheok

ither

a"

or

"b')'

(

)

a

I

demandpeedyriai

pursuanto Ruie .33(2)(b)

nd

o).

at'

(

1)fi

waive

ay nght

to a speedyrial

pursuanto Rule

2 33(2)

b)

and

o).

11. I requesthatatrial

date eset

ursuant

o Rule8.1of the

oira.Rzlesf

Criminal

trial

on

he

ollowing

daYs:

nY

Defendant

Original o be iled

with Clerkof Court

Copy

providedo:

CountyAttorney

E-FILED 2014 NOV 18 5:00 PM SAC - CLERK OF DISTRICT COURT


18/23

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.CHARLES DEAN CRABTREE ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on November 18, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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.

1 of 3



19/23

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

2 of 3



20/23


Case Number Case TitleOWCR012672 STATE VS CHARLES DEAN CRABTREEType: ORDER SETTING TRIAL

So Ordered


3 of 3



21/23

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.CHARLES DEAN CRABTREE,

Defendant.

Case No. OWCR012672

REPORT OF PRETRIAL

CONFERENCE AND MOTION TO

DISMISS PER RULE 2.33

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 7, 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, through

the undersigned, represent the following to the Court:

The State believes the interests of justice and judicial economy would best

be served by dismissing the charge contained in the Trial Information.

WHEREFORE, the State respectfully requests that the Court dismiss this

matter in its entirety with costs to Defendant.

__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 JAN 08 8:39 AM SAC - CLERK OF DISTRICT COURT


22/23

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.

CHARLES DEAN CRABTREE,

Defendant.

Case N. OWCR!"#$%#

ORDER

NOW, n t&is 't&da( f )an*a+(, #!", t&e -*+t is in +e-eit f t&e State/s P+e0

T+ial Cnfe+en-e and 1tin t Dis2iss. T&e 1tin states 3d -a*se and s&*ld 4e3+anted.

IT IS THEREFORE ORDERED t&at t&e State/s 1tin t Dis2iss is 3+anted.

T&is -ase is dis2issed and -sts a+e ta5ed t t&e Defendant.

Cle+6 t f*+nis& -ies t7Sa- C*nt( Att+ne(Defense C*nsel

E-FILED 2015 JAN 08 1:45 PM SAC - CLERK OF DISTRICT COURT


23/23


Type: OTHER ORDER



So Ordered


E-FILED 2015 JAN 08 1:45 PM SAC - CLERK OF DISTRICT COURT

OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf

Documents

Transcript of OWCR012672 - Charge of OWI 1st against Minnesota man dismissed.pdf