Schaller Man Accused of Failing to Comply With the Sex Offender Registry Will Have a Plea Hearing on July 2, 2014

E-FILED 2014 JAN 17 4:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC

STATE OF IOWA,

Plaintiff, Case No: 02811 AGCR012486 vs. Order for WarrantMARK ANTHONY YETZ JR,

Defendant. Ct. Code Description01 - 692A.112-B - SEX OFFENDER - PROVIDE FALSE INFO - 2ND OR SUB OFFENSE Complaint and affidavit(s) filed and probable cause found that the defendant committed the offense(s)as charged. Warrant shall Issue. Bond $500.00 "Cash or Surety" Complaint erroneously defines charge as a "Class D Felony" but the facts allege support the filing ofan aggravated misdemeanor charge.

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E-FILED 2014 JAN 21 9:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: ORDER TO ISSUE WARRANT

So Ordered

Electronically signed on 2014-01-21 09:26:09

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E-FILED 2014 JAN 21 9:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MARK ANTHONY YETZ JR JR, Defendant.

Case No: 02811 AGCR012486

INITIAL APPEARANCE

Charges:01 - 692A.112-B - SEX OFFENDER - PROVIDE FALSE INFO - 2ND OR SUB OFFENSE 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 canand 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 D 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 5 Years Prison And/Or $not less than 750 nor than 7500 plus 15% surcharge and court costs 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 2014 FEB 10 9:00 AM SAC - CLERK OF DISTRICT COURT

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 obey all laws of Iowa and the United States 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

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State of Iowa CourtsCase Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTY FILED

STATE OF IOWA, 20Ik FEB 10 AM 9= U8

PLAINTIFF NO

vs. APPLICATION TO WAIVE

ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses.

2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me.

3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice.

4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney.

IN THE IOWA DISTRICT COURT FOR

DISTRICT C0UH1 OF IOWA SAC COUNTY

FILED

ZOMFEB 10 AM 9= U8 Sac COUNTY

STATE OF IOWA or

vs.

Plaintiff/Petitioner,

Defendant/Respondent

^ Criminal Civfl

NO. rUcgoam, • ' FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

Name: BirthDate: l|l3>

Home Phone:

Street Address: 1 \jUcn-' 'eiA

CeU Phone: ~7lc^ 'îV&'H E-mail: VUêiZti) WM&\

Street/P.O. Box Apt# City

Pending charges: 'Vfr lvor - l V p

State Zip

In Jail? • Yes ^ N o

Do you have a job? ^J^NoJob • Yes, Full Time • Yes, Part Time (List Hours/week: )

Who do you work for? ^ \ ^ \ ~~~ ( j ^ J S J : ^ u X g A V

How much money do you currently make before taxes or deductions? K ^ \ C \ per • hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductions? Q ^ C O O

How many family members are supported by or live with you? C) \

If a spouse lives with you, how much money does your spouse make? hour • month • year

List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $ 100:

ing money u

List amounts you pay monthly forjnortgages, rent, car loans, credit cards, child support, or any other debts: Just amounts you pay monthly torjnortgages, re

3V **y> WX' f f h ̂ y ^ f L

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 the statements I majce in this application are true and that I am unable to pay for an attorney to represent me.

Date dm. Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. MARK ANTHONY YETZ JR JR, DEFENDANT.

02811 AGCR012486

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Sarah L. Smith (515) 573-2191, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: ORDER APPOINTING

So Ordered


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STB t hereby cost a cash bond appearance

BOND RELEASE FORM PKoCRO|ZM {{Q GOO CM H with the Webster n „ M n n ^

C t T ^ ("Defendant") in \Vefe j !?o f C o u r t f o r *e fid of $

iSrofi Courtroom # on the second floor cf the Law Enforcement Center in Fort Dodee r«« County Court, in IA .<AM!u.AWMii u ..J.II . . .L. . J. - • *«wa on the J -

appearance ii required, for case number , 20 . atjtffea o'clock A.M. and ell subsequent proceeding

SWfc c2/ 10 | ) H

5o.c. CLo

. _-<fay 0f euiDefendanr's

IUNDERSTAND THAT IF DEFENDANT DOES NOT A P p p T r ^ -DATE AND TIME STATED ABOVE, OR FOR ANY OTHER P t o a ^ ° * L m E

WHERE DEFENDANT'S APPEARANCE IS REQUIRED, T H E fimm « G S

FORFEITED AND A CONVICTION MAY BE ENTERED OR A N A D B * L B E

WARRANT MAY BE ISSUED. ARREST

FURTHER, I UNDERSTAND THAT ANY CASH BOND M A V TOWARD THE PAYMENT OF ANY FINE, SURCHARGE, C O O R T n V S E D

ATTORNEY FEES, OR RESTITUTION, AND/OR PAST DUE O f i T r r i ' THAT MAY BE COURT ORDERED, IF SAID BOND IS POSTED R v i S ? N S

DEFENDANT. IF SAID BOND IS POSTED BY A THIRD PERSON THE DEFENDANT, THEN SAID BOND WILL BE RETURNED To *2rT R T B A N POSTING THE BOND AT THE CONCLUSION OF THE CASE A ^ P S T P E R S ° N Jl/DMENT ENTRY. A BOND POSTED BY A THIRD PERSON Wfr T ? FINAL USED TOWARD THE PAYMENT OF ANY FINE, SURCHARGE rni B £

ATTORNEY'S FEES, OR RESTIUTION, AND/OR PAST DUE Ofii fn — COSTS, THE DEFENDANT. ^GATTONS OF

Check here if monev iTi "

Signature of Person Pos*^^^^'

Printed niirre of Defendant

Social Secunty Number

Street Address

;ity, State, 2£P

dre*

jjephone Number

City, State, ZIP

Telephone Number

Social Security Nurnbe;

Street Ad

Rrvucrf VIS/2611

WEBSTER COUNTY JAIL FORT DODGE, IOWA

DATE

BOND RECEIVED OF

CASH OR SURETY BOND FOR

CASE I (DEFENDANT) HAVE BEEN ADVISED TO APPEAR IN WEBSTER 'COUNTY MAGISTRATE COURT ON Tl IE SECOND FLOOR OF THE LAW ENFORCEMENT 2 / )

UhN I'EK IN FORT DODOE, IOWA- fDb f ) (f^ 06&u A

Sac Ct> Couyôos^ @ 0900.

ENDANT'S SIGNATURE

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. AGCR012486 Plaintiff, vs. TRIAL INFORMATION

MARK ANTHONY YETZ JR.,DOB: 01/13/1986 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,

Mark Anthony Yetz Jr. of the crime of FAILURE TO COMPLY WITH SEX OFFENDERREGISTRY REQUIREMENTS, SECOND OR SUBSEQUENT OFFENSE, a Class D

Felony in violation of Iowa Code Sections 692A.103, 692A.112, and 692A.111

committed as follows:

The said Defendant, Mark Anthony Yetz Jr., on or about October 18, 2013, in

the County of Sac and State of Iowa, did unlawfully and willfully fail to comply with

Sexual Offender Registry Requirements by knowingly providing false information upon

registration, change of relevant information or during an appearance to verify relevant

information, or failing to do any of the above required by law, by a person having been

previously convicted of Failure to Comply with Sex Offender Registry Requirements in

Audubon County Iowa, in Audubon County District Court Cause No. AGCR047517 on

April 23, 2007, and in Cass County Iowa in Cass County Iowa District Court Cause No.

AGCR012085, on April 2, 2007.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 FEB 18 2:42 PM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

2

THE STATE OF IOWA vs. MARK ANTHONY YETZ JR.Criminal No. AGCR012486COUNT I: Failure to Comply with Sex Offender Registry Requirements, Secondor Subsequent Offense

NAMES OF WITNESSES:

KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MARY ELLEN MUNN, CLERK OF COURT, KOSSUTH COUNTY IOWA CLERK OFCOURT

SHEILA KUNZE, CLERK OF DISTRICT COURT, CASS COUNTY IOWA CLERK OFCOURT

KIMBERLEY JOHNSON, CLERK OF DISTRICT COURT, AUDUBON COUNTY IOWACLERK OF COURT


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JR

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 2014-02-18 14:42:40 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs MARK ANTHONY YETZ JR JR, Defendant.

Case No: 02811 AGCR012486 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in 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 Hearing isscheduled on 03/05/2014 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 shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney


State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JR

So Ordered

Electronically signed on 2014-02-18 14:42:40 page 2 of 2

E-FILED 2014 MAR 04 11:47 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 04 11:47 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. MARK ANTHONY YETZ JR JR, Defendant.

Case No: 02811 AGCR012486 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 4, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 04/16/2014 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 THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 05/13/2014 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 theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 MAR 04 1:14 PM SAC - CLERK OF DISTRICT COURT

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

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State of Iowa CourtsCase Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, Plaintiff, v. MARK ANTHONY YETZ, JR.,

Defendant.

Case No. AGCR012486

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On April 14, 2014, the parties conducted a Pretrial Conference as ordered. The defendant appeared through his attorney, Sarah Smith. The State appeared through Sac County Attorney Ben Smith. The parties, through the undersigned, represent the following to the Court: A plea agreement has been reached the terms of which are as follows: The defendant agrees to plead guilty to Count 1, and the State agrees to recommend that defendant receive a suspended sentence and probation through the Iowa DOC to run concurrent with defendant’s sentence in Buena Vista County District Court No. FECR042809. The facts and circumstances, and the crime charged in the Buena Vista County Case No. FECR042809 are substantially similar to those in in the instant matter. The defendant intends to waive time between plea and sentencing, and is asking the Court to use the PSI report prepared in the above-mentioned BV County matter. The sentencing date for the BV County matter is scheduled for June 6, 2014, so the parties are requesting that the plea hearing and sentencing in this matter be scheduled for June 18, 2014, at 9:00 a.m.

__________________________ 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 2014 APR 16 8:29 AM SAC - CLERK OF DISTRICT COURT

2RCR11


STATE OF IOWA, PLAINTIFF, vs. MARK ANTHONY YETZ JR JR, DEFENDANT.

Case No. 02811 AGCR012486 O R D E R

The Defendant has asked the Court to schedule a guilty plea hearing. A Plea

Hearing is scheduled on 07/02/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NW

State St., Sac City, Iowa.

The parties have reached an agreement as to sentencing, and the Defendant

would like to be sentenced at the same time.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

SARAH LIVINGSTON SMITH

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State of Iowa CourtsCase Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: ORDER SETTING HEARING

So Ordered


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Documents

Schaller Man Accused of Failing to Comply With the Sex Offender Registry Will Have a Plea Hearing on July 2, 2014