SRCR012705 - Charge of Eluding against Newell man dismissed.pdf

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    SAC COUNTY

    14-12890Agency Case Number:

    11/21/2014Arrest Date:

    THE STATE OF IOWA

    VS.

    IN THE IOWA DISTRICT COURT IN AND FOR

    This Complaint and Affidavit is to be:

    Filed with Court Clerk (cc: CA)

    Submitted to County Attorney

    Filed with JCO - Defendant is a Juvenile

    STROHAKER

    Last

    ROBERT

    First

    TROY

    Middle Suffix

    1655 SIERRA AVE

    Address

    NEWELL

    City

    IA

    State

    50568

    Zip Code

    7/5/1975

    Date of Birth

    MALE

    Gender

    HITE - W

    Race

    NOT OF HISPANIC ORIGIN - N

    Ethnicity

    FL

    State

    5' 08"

    Height Weight Eye Color Hair Color

    OFFENDER

    State Local

    321.279(1)

    Code Section

    ELUDING

    Crime Description

    SRMS

    Class

    13 - HIGHWAY/ROAD/ALLEYLocation Type

    220TH ST AND M054/SIERRA AVE

    Literal Description

    1655 SIERRA AVE

    Address

    NEWELL

    City

    IA

    State

    50568

    Zip Code

    YES

    Is Date and Time of Incident Known?

    11/21/2014

    Incident Date or Low Range Upper Date Range

    19:28

    Incident Time or Low Range Upper T ime Range

    OFFENSE

    TAKEN INTO CUSTODY

    1 - JAILED

    CUSTODY

    (Citation Issued)

    SUMMONS TO APPEAR

    WARRANT REQUESTED

    REQUESTED

    NO CONTACT ORDER RELEASED TO

    PARENT/GUARDIAN

    STATUS OF OFFENDER/JUVENILE

    drive a motor vehicle and willfully fail to bring the motor vehicle to a stop or otherwise elude or attempt to elude a marked official law enforcementvehicle that is driven by a uniformed peace officer after being given a visual and audible signal

    On or about the above stated date and time, the Defendant did

    Narrative of Offense Committed

    NARRATIVE

    drive a motor vehicle and willfully fail to bring the motor vehicle to a stop or otherwise elude or attempt to elude a marked official law enforcementvehicle that is driven by a uniformed peace officer after being given a visual and audible signal

    On or about the above stated date and time, the Defendant did

    Narrative of Offense Committed

    NARRATIVE

    Last First Middle Suffix

    STATE OF IOWABusiness/Organization/State/County/Municipality Name

    Address City State Zip

    VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

    SAC COUNTY

    I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

    STATE OF IOWA,

    AFFIDAVIT

    State all facts and persons relied upon supporting elements of alleged crime

    I, Deputy Burns, was dispatched to a vehicle that had lost control and entered the ditch. Upon responding the reporting party advised my dispatch whoin turn advised me that the defendant stated he did not want the reporting party to call law enforcement. The reporting partyI, Deputy Burns, was dispatched to a vehicle that had lost control and entered the ditch. Upon responding the reporting party advised my dispatch whoin turn advised me that the defendant stated he did not want the reporting party to call law enforcement. The reporting party

    of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 14-128901 211/24/2014 8:47 AM

    E-FILED 2014 NOV 24 8:40 AM SAC - CLERK OF DISTRICT COURT

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    also stated that the defendant then got back into his vehicle and was able to return to the roadway. The reporting party stayed on the line until I couldattempt to make contact with the vehicle. At D15 and M54 I initiated my emergency lights and siren to signal the vehicle to stop. The vehicle willfullyrefused to pull over and continued north on M54 for 3 miles. The vehicle entered a residence driveway at 1655 Sierra Ave and stopped.

    also stated that the defendant then got back into his vehicle and was able to return to the roadway. The reporting party stayed on the line until I couldattempt to make contact with the vehicle. At D15 and M54 I initiated my emergency lights and siren to signal the vehicle to stop. The vehicle willfullyrefused to pull over and continued north on M54 for 3 miles. The vehicle entered a residence driveway at 1655 Sierra Ave and stopped.

    BURNS, JOEL 81-7

    Signature of Complainant or Officer, Officer Name & Number

    02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLICBEVERAGES/CONTAINERS, 07 - IDENTIFIED BY WITNESSES, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME, 13 -CAUSED PERSONAL INJURY

    Defendant Implicated

    Sac - 81

    Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

    GENERAL PROBABLE CAUSE

    SAC COUNTY

    11/21/2014

    KAREN KIMENotary Name Signature of Verifying Party

    777584Commission Number

    03/21/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

    STATE OF IOWA,

    Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

    of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 14-128902 211/24/2014 8:47 AM 2 211/24/2014 8:47 AM

    E-FILED 2014 NOV 24 8:40 AM SAC - CLERK OF DISTRICT COURT

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    - ?..-x CS> cn

    33

    o

    I N

    T H E IO W A

    D I S T R I C T

    C O U R T F O R S A C C O U N T Y

    0

    * ' '

    M A G I S T R A T E D I V I S I O N

    f 3 o

    S T A T E O F . I O W A ,

    Plain t i f f

    vs.

    M A G I S T R A T E

    N O .

    I N I T I A L A P P E A R A N C E

    Defendant

    O n

    this o< D day of M O ^ V v i k / J . 20_i/the Defendant herein

    appears

    before the

    undersigned Magistrate in and for Sac

    County, having

    been chargedwiththe crime of r ( l / C l f

    .

    . being a

    violation

    of Section joft ^ ~ 7 * f t ) df the Code of

    Iowa.

    The Court advises the Defendant as

    follows:

    1. Thathe/shehas the right to remain silent That any

    statement

    madeby the Defendant can and

    wouldbe nsed against him/her in a Court oflaw. Thathe/shehas the right to have an attorney

    present

    at allstagesofthe proceeding and,i fthe Defendant

    is

    unable toaffordcounsel,that,npon

    proper

    application,

    onewouldbe appointedforthem.

    2.

    Thathe/sheis charged

    with

    aviolation of

    Section

    is-classifiedas:

    Felony

    - Class

    _

    AggravatedMisdemeanor

    Serious Misdemeanor

    That the

    maximum

    punishment for a plea ofguiltyorconviction ofthe above charge is:

    OneYear Comity Jai l

    That to obtain the services of an attorney at theexpenseof the Stateof Iowa, application for

    Court-appointed counsel must be completed, reviewed by the Sac County Attorney andfi led

    with

    this Court.

    (a) *N,

    Y o n

    w i l lbe releasedfromcustody prior to

    trialon

    yourownpromise toappearatafl

    further court proceedings. Ifyouw fl l ful ly fa i ltoappearbefore any court as required,you shallbe

    guiltyo f

    a Glass

    felony/seriousmisdemeanor; or

    (b) f\ QI appropriate) Uponconsideration of the factors in Section 8113,,

    r

    T I >

    -

    t

    frj

    ore the

    6. Defendant is entitled to apreliminaryhearing unlesswaived,

    which

    hearing

    is

    heldto determine

    whether sufficient evidence exists to justify further prosecution of the Defendant as charged.

    Prior

    to a

    preliminaryhearing, the Defendant isinformedthata Grand Jury may indict him/her, or aT r i a lInformation

    may befi ledby the

    County Attorney

    o fthis county.

    7. TheDefendant isinformedofhis/her rights to apreliminaryhearing andpreliminaryhearing is:

    X ^ '

    Setforthe of

    C C j y v d h ^ S b

    ,

    20J_

    at If)*

    A M .

    in the

    MagistrateCourtroom,Courthouse, SacCity ,SacCounty, Iowa. I-

    If-a

    preliminary hearingdatehas been set, you should contact the county attorned at (712) 662-479i

    before attending this hearing to determine whether or not it

    w i l l

    beheld. ^ _

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    8. IF

    Y O U H A V E N OT B E EN FIN GER PR IN TED AN D PH OTOGR APH ED FOR

    T H I S

    OFFENSE, YOTJ MUST REPORT TOTH E S AC C OUN TY SHERIFF 'SD E P A RT M E N T W I T H I N 10D A Y S

    F R O M THISDATETO DO SO. IF DEFEN DAN T H ASNOT PR E SE N T E D T H E M S E L V E S W I T H I N 10

    DAYS FR OM

    THIS

    D A T E ,

    THE SAC

    C OUN TY

    S H E R I F F ' S

    D E P A R T M E N T

    IS

    ORDERED

    AT HIS

    CONVFJNOTENCE TO PI CK UP DEFENDAN T TO B E PHOT OG RAPHE D AND FIN GE RPRIN TE D.

    If

    you require the

    assistance

    of auxiliary aids or services to participate in court becauseof a disability,

    immediatelycallyour districtADAcoordinator at (641) 421-0990. (If youare hearing impaired,callRelayIowa

    T T Y a t1-800-735-2942.)

    Warren

    L .Bush/ Judicial

    Magistrate

    Copies to:

    County Attorney

    Defendant

    Sac County

    Sheriff

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    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012705

    Plaintiff,

    vs. TRIAL INFORMATION

    ROBERT TROY STROHAKER,DOB: 07/05/1975 Defendant.

    COUNT I

    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, Robert TroyStrohaker of the crime ofELUDING, a Serious Misdemeanor in violation of Iowa Code Section

    321.279(1) committed as follows:

    The said Defendant, Robert Troy Strohaker, on or about November 21, 2014 in the

    County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle and willfully

    fail to bring the motor vehicle to a stop or otherwise elude or attempt to elude a marked official

    law enforcement vehicle that is driven by a uniformed peace officer after being given a visual

    and audible signal.

    A TRUE INFORMATION

    Prosecuting Attorney

    Sac County Attorney, Benjamin John SmithSac County Courthouse

    100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

    E-FILED 2014 DEC 11 10:41 AM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]
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    THE STATE OF IOWA vs. ROBERT TROY STROHAKER

    Criminal No. SRCR012705

    COUNT I: Eluding

    NAMES OF WITNESSES:

    JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

    RODERICK D. SMOCK, OCCUPATION UNKNOWN

    E-FILED 2014 DEC 11 10:41 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: Approval of Trial Information

    Case Number Case Title

    SRCR012705 STATE OF IOWA VS STROHAKER, ROBERT T

    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 2014-12-11 10:42:17 page 3 of 3

    E-FILED 2014 DEC 11 10:41 AM SAC - CLERK OF DISTRICT COURT

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    Notice Id: D2TIAR

    IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    vs

    ROBERT TROY STROHAKER ,

    Defendant.

    Case No: 02811 SRCR012705

    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 12/17/2014 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 DEC 11 10:41 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: ORDER FOR ARRAIGNMENT

    Case Number Case Title

    SRCR012705 STATE OF IOWA VS STROHAKER, ROBERT T

    So Ordered

    Electronically signed on 2014-12-11 10:42:17 page 2 of 2

    E-FILED 2014 DEC 11 10:41 AM SAC - CLERK OF DISTRICT COURT

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    DISTRICT COURl OF

    IOWA

    SAC COUNTY

    FILED

    2 mDEC

    17

    AM8:3

    I N T H EI O W AD I S T R I C T

    C O U R T

    F O R

    Sac

    C O U N T Y

    S T A T E O FI O W Aor

    vs.

    PlaintifETetitioner,

    Defendant/Respondent.

    Criminal Civil

    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 FC O U N S E L

    In

    support

    ofmy application for

    appointment

    ofcounsel,

    and under penalty of

    perjury,

    the undersigned

    states:

    Y Name:

    / Z ' / i y J '

    c T f% b U s

    Birth

    Date:

    j ? / ^ /

    7

    ^

    Home Phone: 2^72^ } l o$

    p h o n e

    E-mail:

    StreetAddress:

    Pendingcharges:

    Street/P.O.Box Apt# City

    State Zip

    In Jail?

    Yes No

    Doyouhavea

    job? l0^NoJob

    Yes,Full

    Time

    Yes,Part

    Time

    (List

    Hours/week:

    )

    Whodoyou workfor?

    How

    much

    money

    doyou

    currently make

    before

    taxes or deductions? & per hour month year

    How

    much

    money have

    you

    made

    in

    the last 12 months

    from

    any source, before taxes or deductions?

    Howmanyfamilymembers are supported

    by

    orKvewithyou? 3

    Ifa

    spouse

    liveswith you,how much

    money does your spouse make?

    ^^per

    -

    er hour month year

    List

    all

    other moneyyou,or anyone elseliving

    in

    your

    household,

    has

    comingin:

    List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything

    else worth more than 100:

    A((

    _/tXS-~/jr cr+*z*S?4.

    Lis t

    amountsyoupay monthly

    for

    mortgages, rent car

    loans, credit

    cards,childsupport, or any other debts:

    ts

    you

    pay monthly

    for

    mortgages, rent car

    loans, credit

    cards,childsupport,

    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

    thestatementsI make in this application aretrue

    andthatI am unable to payforan attorney to represent me.

    \

    Date

    t ^ t y / / Y

    Signature V f L . * ^

    J T 4 ^ ^

    Rev.

    1/6/12

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    PLAINTIFF,VS.ROBERT TROY STROHAKER ,

    DEFENDANT.

    02811 SRCR012705

    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 Mark Rasmussen, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

    1 of 2

    E-FILED 2014 DEC 17 8:56 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Case Number Case TitleSRCR012705 STATE OF IOWA VS STROHAKER, ROBERT TType: ORDER APPOINTING

    So Ordered

    Electronically signed on 2014-12-17 08:55:56

    2 of 2

    E-FILED 2014 DEC 17 8:56 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2014 DEC 17 10:35 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2014 DEC 17 10:35 AM SAC - CLERK OF DISTRICT COURT

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    IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

    Plaintiff,

    vs.ROBERT TROY STROHAKER ,

    Defendant.

    Case No: 02811 SRCR012705

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

    The defendant having filed a written arraignment in this matter on December 17, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas 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.

    1 of 3

    E-FILED 2014 DEC 17 10:50 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

    2 of 3

    E-FILED 2014 DEC 17 10:50 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Case Number Case TitleSRCR012705 STATE OF IOWA VS STROHAKER, ROBERT TType: ORDER SETTING TRIAL

    So Ordered

    Electronically signed on 2014-12-17 10:49:08

    3 of 3

    E-FILED 2014 DEC 17 10:50 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2014 DEC 22 1:49 PM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    ROBERT TROY STROHAKER,

    Defendant.

    Case No. SRCR012705

    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, Mark Rasmussen. The parties,through the undersigned, represent the following to the Court:

    1. A plea agreement has been reached, the terms of which are as

    follows: The parties have agreed to dismiss the charges and hereby move for

    dismissal, the grounds for which are as follows: In addition to the Eluding charge

    which constitutes Count 1 of the Trial Information, defendant was also charged

    with three related simple misdemeanor citations (STA0022047, STA0022048,

    and STA0022047), all of which have gone to judgment.

    2. Because of the foregoing, the parties have agreed that Count 1 of

    the Trial Information should be dismissed without prejudice with costs to the

    defendant, with the understanding that the State will re-file the case if, after 90

    days from the date this Report is filed, the defendant has not paid all costs, fees,

    and fines associated with the judgments in the aforementioned simple

    misdemeanor cases, and the court costs herein.

    E-FILED 2015 JAN 21 5:24 PM SAC - CLERK OF DISTRICT COURT

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    __________________________

    Benjamin John Smith

    Sac County AttorneySac County Courthouse

    100 NW State St., Suite 9

    Sac City IA 50583

    Telephone: 712-662-4791

    Email: [email protected]

    E-FILED 2015 JAN 21 5:24 PM SAC - CLERK OF DISTRICT COURT

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    IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    vs.

    ROBERT T. STROHAKER,

    Defendant.

    Case N. SRCR!"#$!%

    ORDER

    NOW, n t&is ##nd

    da' f (an)a*', #!"%, t&e +)*t is in *e+eit f t&e State-s

    tin t Dis/iss t&is +ase. T&e tin states 0d +a)se and s&)ld 1e 0*anted.IT IS THEREFORE ORDERED t&at t&e State-s tin t Dis/iss is 0*anted.

    T&is +ase is dis/issed and +sts a*e ta2ed t t&e Defendant.

    Cle*3 t f)*nis& +ies t4Sa+ C)nt' Att*ne'Defense C)nsel

    E-FILED 2015 JAN 22 10:32 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case Title

    SRCR012705 STATE OF IOWA VS STROHAKER, ROBERT T

    So Ordered

    Electronically signed on 2015-01-22 10:32:16 page 2 of 2

    E-FILED 2015 JAN 22 10:32 AM SAC - CLERK OF DISTRICT COURT