E-FILED 2013 DEC 04 1:42 AM SAC - CLERK OF DISTRICT COURT

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EM T H E IOWA DISTRICT COURT F O R SAC COUNTY M A G I S T R A T E DIVISION STATE OF. IOWA, Plaintiff M A G I S T R A T E NO.

2 0 1 3 DEC-5 A M 8

INITIAL APPEARANCE

Defendant

idei

V day of _, 20_f_? the the Defendant Defendant herein herein appeals before the On this ~ agistrajte ii^and for Sac County, having been charged with the crime of Pit fc^4^,,-y->|37 Cx~ r*Q UJf ft U . , being a violation of Section [ Z S / r t Z t C ) ) ofth'eiCode of The Court ad-vises tne 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 attorney present at all stages ofthe proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. , which is classified as:

Iowa.

2. That he/she is charged with a violation of Section Felony - Class _ Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction ofthe above charge is: X. One Year County Jail Years Prison K And/Or $ ? ^ | 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-appointed counsel mnst be completed, reviewed by the Sac County Attorney and filed with this Court (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. Ifyou willfully faO to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (b) ^fs (If appropriate) Upon consideration of the factors in Section 811 JS, the Court is not reasonably assured that yon mQ appear at all court proceedings in the future and. therefore the Court imposes lhe f/Hlow^g conditions on y j p r release: fity^QgrX^ ^ l i . ^ . j/yl'f ^~

5.

6. Defendant is entitled to a prelijninary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict Mm/her, or a Trial Information may he filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:

X.

Set for the * U

day of / Q ^ _ V - - A M ,20/4at (!', (?6 AM. in the

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa. If. a preliminary hearing date has been set; you should contact the county attorney at (712) 662-4791 before attending this hearing to deterinine whether or not it wiH be held.

\ 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. TE DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS EROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED A T HIS CONVTSNTJENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (Ifyou are hearing impaired, call Relay low a TTY at 1-800-735-2942.)

Warren L. Bush/Joseph J. Heidenreich, Judicial Magistrate

Copies to: t-<!ounty Attorney (^Defendant L^SScCounty Sheriff

DISTRICT COurti Uh low* SAC COUN 11 FILED

2 0 1 3D E C -5 m 3 = 2 6
IN THE IOWA DISTRICT COURT FOR. STATE OF IOWA or Plaintiff/Petitioner, vs. \ ' C~"i > FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL Sac COUNTY Criminal Civil

Defendant/Respondent

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: PA ^T i J V . >
!

Ttf"l"

BirthDate: ' -tf.-'-V^ E-mail:

' i"

r-.hJ Home Phone: / j -- f )^J^ L- -- Cell Phone: Street Address: Pending charges: ' //./ U ' cM Street/P.O. B o r ' W K \\0 W Apt# QT I Q I
L

5 C#
City,
r

i\

o\

State

Zip

^Vkk

l\J\5Xi, In Jail? |Sf Yes No )

Do you have ajob? W No Job Who do you work for?

Yes, Full Time

Yes, Part Time (List Hours/week;

How much money do you currently make before taxes or deductions?

per hour month year

How much money have you made in the last 12 monthsfromany source, before taxes or deductions?. -How many family members are supported by or live with you? _ i _ _ If a spouse lives with you, how much money does your spouse make? List all other money you, or anyone else living in your household, has coming in: per hour. month year-: J LA "j~f ' ' (.'
;
v

-+ . V i .' f \

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings,' cash, or anything else worth more than $100: 1V g f., C -. '

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

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 make in this application are true and that I am unable to pay for an attorney to represent me. Date ' ' . Signature ' ' . . "
Rev.. 1/6/12

E-FILED 2013 DEC 05 1:30 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JUSTIN DAVID STORK , DEFENDANT. 02811 SRCR012469 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 financial hardship.

Attorney Scott Schleisman, 823 Main St., Lake City, IA 51449 (712) 210-0543, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 DEC 05 1:30 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012469 Type: Case Title STATE VS JUSTIN DAVID STORK ORDER APPOINTING So Ordered

Electronically signed on 2013-12-05 13:30:13

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E-FILED 2013 DEC 11 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK Defendant. TRIAL INFORMATION CASE No. SRCR012469

COUNT 1 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, Justin David Stork (Defendant), of UNLAWFUL POSSESSION OF A PRESCRIPTION DRUG, a Serious Misdemeanor in violation of Iowa Code Section 155A.21, committed as follows; On or around December 3, 2013, in Sac County, Iowa, Defendant was found in possession of a drug limited to dispensation by prescription and said drug was not lawfully dispensed to Defendant. A TRUE INFORMATION

Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

ROYCE KEMMANN, Peace Office, City of Lake View

E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012469 Approval of Trial Information Case Title STATE VS JUSTIN DAVID STORK

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2013-12-16 11:15:54

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E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK, Defendant. T*e TRIA+ INFOR(ATION and t*e (INUTES OF EVIDENCE in t*i, -atte. *ave /een e0a-ined and f 1nd t 2 ntain ,1ffi2ient eviden2e, if 1ne03lained, t 4a..ant a 2 nvi2ti n in a t.ial /5 61.5, t*e.ef .e, t*i, -atte. ,*all /e ,et f . A..ai7n-ent. IT IS HERE)Y ORDERED, t*e defendant ,*all 3e., nall5 a33ea. f . A..ai7n-ent at t*e Sa2 C 1nt5 C 1.t* 1,e, Di,t.i2t C 1.t. -, "!! NW State St.eet, Sa2 Cit5, I 4a n t*e December 30, 2013 and 9:00 a.m. T*e Defendant i, HERE)Y NOTIFIED t*at fail1.e t a33ea. 4ill .e,1lt in t*e i,,1an2e f an a..e,t 4a..ant. IT IS FURTHER ORDERED, the Defendant i re!ea ed fr"m c# t"d$, %ith"#t b"nd, "n hi "%n rec"&ni'ance and (r"mi e t" a((ear. Defendant ,*all a33ea. f . all ,1/,e81ent 3. 2eedin7, in t*i, -atte.. T*e Defendant ,*all /e5 all Fede.al, State, and + 2al la4,. ORDER SETTIN' ARRAI'N(ENT AND )OND CASE N . SRCR!"#$%&

State of Iowa Courts Type: Case Number SRCR012469 ORDER FOR ARRAIGNMENT Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-16 11:15:54

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E-FILED 2013 DEC 16 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK, Defendant. T*e TRIA+ INFOR(ATION and t*e (INUTES OF EVIDENCE in t*i, -atte. *ave /een e0a-ined and f 1nd t 2 ntain ,1ffi2ient eviden2e, if 1ne03lained, t 4a..ant a 2 nvi2ti n in a t.ial /5 61.5, t*e.ef .e, t*i, -atte. ,*all /e ,et f . A..ai7n-ent. IT IS HERE)Y ORDERED, t*e defendant ,*all 3e., nall5 a33ea. f . A..ai7n-ent at t*e Sa2 C 1nt5 C 1.t* 1,e, Di,t.i2t C 1.t. -, "!! NW State St.eet, Sa2 Cit5, I 4a n t*e December 30, 2013 and 9:00 a.m. T*e Defendant i, HERE)Y NOTIFIED t*at fail1.e t a33ea. 4ill .e,1lt in t*e i,,1an2e f an a..e,t 4a..ant. IT IS FURTHER ORDERED, the Defendant i re!ea ed fr"m c# t"d$, %ith"#t b"nd, "n hi "%n rec"&ni'ance and (r"mi e t" a((ear. Defendant ,*all a33ea. f . all ,1/,e81ent 3. 2eedin7, in t*i, -atte.. T*e Defendant ,*all /e5 all Fede.al, State, and + 2al la4,. ORDER SETTIN' ARRAI'N(ENT AND )OND CASE N . SRCR!"#$%&

State of Iowa Courts Type: Case Number SRCR012469 ORDER FOR ARRAIGNMENT Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-16 11:15:54

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E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT OF SAC COUNTY -------------------------------------------------------------------------------------------------------------------STATE OF IOWA, ) Plaintiff, ) No. SRCR0102 !" #$. ) ) ORDER TO WITHDRAW ) %USTIN DA&ID STOR', ) D(f(n)ant. ) -------------------------------------------------------------------------------------------------------------------ORDER No*, on t+i$ 1,t+ )a- of D(.(/0(1, 2012, t+( Co31t +a#in4 1(#i(*() t+( 5otion to Wit+)1a*, fin)$ t+( /otion $+o3l) 0( 41ant(). ACCORDIN67Y, IT IS HERE8Y ORDERED t+at Ro0(1t P(t(1$on i$ a99oint() to 1(91($(nt t+( D(f(n)ant at 930li. (:9(n$(.

E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012469 OTHER ORDER Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-18 07:19:10

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E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT OF SAC COUNTY -------------------------------------------------------------------------------------------------------------------STATE OF IOWA, ) Plaintiff, ) No. SRCR0102 !" #$. ) ) ORDER TO WITHDRAW ) %USTIN DA&ID STOR', ) D(f(n)ant. ) -------------------------------------------------------------------------------------------------------------------ORDER No*, on t+i$ 1,t+ )a- of D(.(/0(1, 2012, t+( Co31t +a#in4 1(#i(*() t+( 5otion to Wit+)1a*, fin)$ t+( /otion $+o3l) 0( 41ant(). ACCORDIN67Y, IT IS HERE8Y ORDERED t+at Ro0(1t P(t(1$on i$ a99oint() to 1(91($(nt t+( D(f(n)ant at 930li. (:9(n$(.

E-FILED 2013 DEC 18 7:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012469 OTHER ORDER Case Title STATE VS JUSTIN DAVID STORK So Ordered

Electronically signed on 2013-12-18 07:19:10

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E-FILED 2013 DEC 27 11:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. JUSTIN DAVID STORK, Defendant.

Criminal No. SRCR012469

WRITTEN ARRAIGNMENT AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath states: 1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108 West 8th a, P.O. Box 1144, Carroll, IA 51401, 712-792-4485. 2. My current mailing and residence addresses and telephone number are: View, IA 51450 712-657-9605 111 Vine St, Lake

3.

I am 2 4 years old. I can read and understand the English language and have completed the following level of education: ILLS I have been advised by the above named attorney and understand that I have a right to arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this written arraignment and plea of not guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this written arraignment and plea of not guilty. I have received a copy of the indictment/trial information which charges me with the crime(s) of Unlawful Possession of a Prescription Drug in violation of Iowa Code section(s) 155A.21 (2013). I have read it, and I have familiarized myself with its contents. With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"): ] a. The name shown on the indictment/trial information is my true name. I have been advised and understand that I am now precluded from objecting to the indictment/trial information upon the ground I am improperly. named. [ ] b. The name shown on the indictment/trial information is not my true name. My true name is . I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had

4.

5.

6.

E-FILED 2013 DEC 27 11:50 AM SAC - CLERK OF DISTRICT COURT

against me by that name, the indictment/trial information will be amended accordingly, and when the indictment/trial information is so amended I will be precluded from objecting upon the ground I am improperly named. 7. I have been advised and understand that I may plead guilty, not guilty, or former conviction or acquittal. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above named attorney, and I waive any further time in which to enter a plea. I plead NOT GUILTY to the charge(s) of Unlawful Possession of a Prescription Drug

8.

9.

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90 days after indictment/filing of trial information and [check either "a" or "b"]: [ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b). ] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b). 11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be

available for trial on the following days:

Defendant State of Iowa Carroll County, ss. Sut scribed, sworn to, and acknowledged before me by Justin Stork this , 20

.c:

day of

Notary public or other officer authorized to take and certify acknowledgements and administer oaths. [seal]
ROBERT E. PETERSON Commission Number 758404 MY COMMISSI PIRES MAY 21,

5--

E-FILED 2013 DEC 30 11:12 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JUSTIN DAVID STORK , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on December 27, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Robert Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on March 4, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 02/05/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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.
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Case No. 02811 SRCR012469

ORDER FOR TRIAL

E-FILED 2013 DEC 30 11:12 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 DEC 30 11:12 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012469 Type: Case Title STATE VS JUSTIN DAVID STORK ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-12-30 11:13:23

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