Trial Date Set in the Matter of State vs Cody Anthony Dupre
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Transcript of Trial Date Set in the Matter of State vs Cody Anthony Dupre
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7/30/2019 Trial Date Set in the Matter of State vs Cody Anthony Dupre
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E-FILED 2013 JUL 08 2:49 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VSCODY ANTHONY DUPRE
Defendant
02811 AGCR012356
ORDER
Law Enforcement is requesting a warrant. Good reason exists for the warrant based on facts stated inthe complaint. Clerk to issue.
Copy Provided to Defendant
Copy Provided to Plaintiff
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E-FILED 2013 JUL 09 10:51 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-07-09 10:51:13
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E-FILED 2013 JUL 09 10:51 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs.
CODY ANTHONY DUPRE ,Defendant.
Case No: 02811 AGCR012356
INITIAL APPEARANCE
Charges:01 - 720.4 - TAMPERING W/WITNESS OR JUROR - 1978 (AGMS)
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
2 Years Prison
And/Or $Not less than $625 nor greater than a $6,250 fine plus 35% surcharge and courtcosts
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.
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E-FILED 2013 JUL 16 11:34 AM 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:
Defendant shall be held pending his posting of a $2,000 cash only bond for both this charge and theaccompanying charge of Harrassment in the Second Degree.
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 07/26/2013 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 2013 JUL 16 11:34 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-07-16 11:33:52
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E-FILED 2013 JUL 16 11:34 AM SAC - CLERK OF DISTRICT COURT
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DISTRICT COURT Of IOSAC COUNTYFILED2013 JUL 16 PM 12: 31
IN T H E I O W A DISTRICT C O U R T F O R Sac C O U N T Y
S T A T E O F I O W A or . . ) Criminal CivilPlamtiflTPetMoner, J N o S R C ^ f ^ ^ f r f t * ftfeC^Q
Defejiidaiit/RespondentS-' )
)) F I N A N C I A L A F F I DA V I T / A PPL 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 a f f y O l l P ^ " BirthPate: QHome Phone: ' ' Cell Phone: ^ ^ Q ' ^ H h 6 E-mail: .Street Address:
Street/P.O.Box Apt# City State ZipPending charges: V \ - f t ; r t > & m p ft*r T ^ / l f o r ' . V ^ Vi )) 113"t4-r\
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,VS.CODY ANTHONY DUPRE ,
DEFENDANT.
02811 AGCR012356
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.
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E-FILED 2013 JUL 16 1:03 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2013-07-16 13:03:27
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E-FILED 2013 JUL 16 1:03 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 JUL 16 1:14 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )
)PLAINTIFF ) Crim No.AGCR12356
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
CODY ANTHONY DUPRE )
)
DEFENDANT )
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715Fax: (712) 662-4884
Original filed
Copy to: County Attorney
E-FILED 2013 JUL 16 4:51 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VSCODY ANTHONY DUPRE
Defendant
02811 AGCR012356
ORDER
The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m.Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to themagistrate.
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E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-07-23 10:54:28
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E-FILED 2013 JUL 23 10:54 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.
CODY ANTHONY DUPRE,
DOB: 09 / 25/ 1990
Defendant.
Case No. AGCR012356
TRIAL INFORMATION
COUNT 1
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and inthe name and by the authority of the State of Iowa, accuses Cody Dupre
(defendant), of the crime of WITNESS TAMPERING, an Aggravated Misdemeanor
in violation of Iowa Code section 720.4, committed as follows: On July 7, 2013,
defendant drove by at 304 Sherwood Street, Wall Lake, Iowa (Sac County), and
yelled profanities out of the car window toward 304 Sherwood and / or aided Josh
Skirvin in doing the same, and that defendant did so without legitimate purpose, in a
manner likely to cause the residents of 304 Sherwood annoyance or harm and with
the specific intent to intimidate, annoy or alarm the residents at the above-mentioned
304 Sherwood residence and harassed said residents in retaliation for their reporting
of a crime perpetrated by defendant on or around June 29, 2013 (see Sac CountyCase No. SRCR012355). IOWA CODE 708.7(1), 720.4, 703.1, 703.2 (2013)
COUNT 2
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in
the name and by the authority of the State of Iowa, accuses Cody Dupre
(defendant), of the crime of STALKING, an Aggravated Misdemeanor in violation of
Iowa Code Section 708.11(2), 708.11(c) committed as follows: On or about July 7,
2013, the defendant engaged in a course of conduct directed at Billy Hutchinson that
would cause a reasonable person to fear bodily injury to, or the death of Billy
Hutchinson. The defendant knew or should have known that Billy Hutchinson would
be placed in reasonable fear of bodily injury or death to Billy Hutchinson or a
member of his immediate family. The defendants course of conduct caused Billy
Hutchinson to fear bodily injury or death to himself or a member of his immediate
family. IOWA CODE 708.11(2), 703.1, 703.2 (2013)
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A TRUE INFORMATION
/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse
100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
AGCR012356 STATE VS CODY ANTHONY DUPRE
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 2013-07-26 09:16:33 page 3 of 3
E-FILED 2013 JUL 26 9:16 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.
CODY DUPRE,
Defendant.
Case No. AGCR012356
ORDER SETTING ARRAIGNMENT
AND BOND HEARING
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter
have been examined and found to contain sufficient evidence, if unexplained, to
warrant a conviction in a trial by jury, therefore, this matter shall be set for
Arraignment.
IT IS ORDERED that the Defendant shall personally appear for Arraignment at
the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th
day of
August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will
result in the issuance of an arrest warrant.
IT IS FURTHER ORDERED, the Defendants bond previously set shall continue
and that a bond review hearing shall be and is set for July 30, 2013, at __:__ __.m.
in the District Courtroom at the Sac County Courthouse, Sac City, IA 50583.
E-FILED 2013 JUL 26 9:16 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
AGCR012356 STATE VS CODY ANTHONY DUPRE
So Ordered
Electronically signed on 2013-07-26 09:16:34 page 2 of 2
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
CODY ANTHONY DUPRE,
Defendant.
Case No. AGCR012356
FECR012340
SRCR012355
ORDER ON BOND REVIEW HEARING
This matter came before the Court for a bond review hearing. The Court, upon
reviewing the record and being advised in the premises FINDS and ORDERS
defendants bond is set at $2,000.00, cash or surety.
IT IS FURTHER ORDERED that if defendant is released on bond, the defendant
shall abide by the following terms and conditions of release.
1. The defendant shall have no contact (personal or otherwise), either directly or
indirectly, with any of the named-witnesses or alleged victims in FECR012340,
AGCR012356, and SRCR012355. The County Attorney shall prepare a secure
attachment to this order listing the names and addresses of the protected witnesses
and victims in each of the aforementioned cases.
2. The defendant shall been inside his residence between and including the
hours of 10:00 pm CST until 5:00 a.m. CST.
3. The defendant shall not consume any alcohol.
4. The defendant shall not have any further violations of the law.
5. Once filed, the Clerk shall take a paper copy to the Sac County Jail with
instructions that it be given to defendant prior to his release.
E-FILED 2013 JUL 30 2:02 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
AGCR012356 STATE VS CODY ANTHONY DUPRE
SRCR012355 STATE VS CODY ANTHONY DUPREFECR012340 STATE VS CODY ANTHONY DUPRE
So Ordered
Electronically signed on 2013-07-30 14:02:26 page 2 of 2
E-FILED 2013 JUL 30 2:02 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 AUG 12 2:03 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 AUG 12 2:03 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.CODY ANTHONY DUPRE ,
DEFENDANT.
Case No. 02811 AGCR012356
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Mr. Charles Schulte.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.
CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR
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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-08-12 15:51:03
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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.CODY ANTHONY DUPRE ,
DEFENDANT.
Case No. 02811 AGCR012356
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Mr. Charles Schulte.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.
CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR
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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012356 STATE VS CODY ANTHONY DUPRE
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-08-12 15:51:03
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E-FILED 2013 AUG 12 3:51 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, No: AGCR012356
Plaintiff,
vs. ORDER SETTING DATE
CODY ANTHONY DUPRE,
FOR PRETRIAL CONFERENCE
Defendant.
IT IS THE ORDER OF THIS COURT:
1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 9:00 a.m. onthe 24th day ofSeptember 2013, at the Sac County Courthouse, Sac City,
Iowa, to consider:
a. Possibility of settlementb. Time for trial; andc. Matters to expedite the trial.
2. Cases which are going to be settled if at all possible at or before the pretrial sothat the trial assignment will not be clogged with cases which are not going to
be tried.
3. Defendant shall personally appear.4. If the Pre-Trial Conference time does not work for defense counsel, contact the
County Attorney for another time.
Original filed EDMS,
Copies by EDMS to: Benjamin John Smith, Sac County Attorney
Charles Schulte, Defendants Attorney
E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR PRETRIAL CONFERENCE
Case Number Case Title
AGCR012356 STATE VS CODY ANTHONY DUPRE
So Ordered
Electronically signed on 2013-08-20 11:15:42 page 2 of 2
E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT