Media Coordinators Notice - State v Cody Anthony Dupre - Agcr012356

7/29/2019 Media Coordinators Notice - State v Cody Anthony Dupre - Agcr012356

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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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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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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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Type: HEARING FOR INITIAL APPEARANCE

So Ordered


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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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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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Type: ORDER APPOINTING

So Ordered


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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



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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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Type: OTHER ORDER

So Ordered


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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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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



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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.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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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.



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Type: OTHER ORDER



SRCR012355 STATE VS CODY ANTHONY DUPREFECR012340 STATE VS CODY ANTHONY DUPRE

So Ordered




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E-FILED 2013 AUG 12 2:03 PM SAC - CLERK OF DISTRICT COURT


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2RCR02


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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Type: ORDER SETTING TRIAL

So Ordered


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2RCR02


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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Type: ORDER SETTING TRIAL

So Ordered


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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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Type: ORDER FOR PRETRIAL CONFERENCE



So Ordered


E-FILED 2013 AUG 20 11:15 AM SAC - CLERK OF DISTRICT COURT


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Date: 09/18/2013IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. agcr012356

vs.

Cody Anthony Dupre

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIACOVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to usephotographic equipment(__X__), television cameras (__X__) or electronic soundrecording equipment (__X__) in courtroom coverage in the

above proceeding.

2. This filing is for all pre-trial motions, plea-taking,trial and sentencing.

3. The request(s) for expanded media coverage are described

as follows: Two video cameras, tripods, videographers; audioaccessibility; two photographers with up to two still camerasand two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage isfiled at least 14 days in advance of the proceedings for

which expanded media coverage is being requested or grounds

for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed tothe last known address of all counsel of record, partiesappearing without counsel, the district court administrator

for this judicial district, and the judicial officer expectedto preside at the trial or proceedings for which expandedmedia coverage has been requested, as follows:

E-FILED 2013 SEP 18 4:51 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Charles Schulte 421 Main StreetSac City, IA 50583

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE: Joseph J. Heidenreich

CLERK OF COURT: Donna Gerry

WHEREFORE, the undersigned media coordinator gives notice ofrequest(s) for expanded media coverage as aforesaid.

Signature_/S/ Jesse Helling________________________Date_9/18/13_______________________

Jesse Helling

Media Coordinator, Region 4Third Judicial District of IowaAddress: Fort Dodge Messenger713 Central Ave.

Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529

E-FILED 2013 SEP 18 4:51 PM SAC - CLERK OF DISTRICT COURT

Documents

Media Coordinators Notice - State v Cody Anthony Dupre - Agcr012356