SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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Transcript of SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
1/23
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8/9/2019 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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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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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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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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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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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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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] -
8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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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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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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E-FILED 2014 DEC 17 10:35 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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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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8/9/2019 SRCR012705 - Charge of Eluding against Newell man dismissed.pdf
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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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22/23
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