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8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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E-FILED 2014 JUL 17 2:19 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWAPlaintiff
vs
MARK STRAKADefendant
Case No. 02811 AGCR012597
Summons or Citation
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:ANIMAL ABUSEin violation of Section(s) 717B.2 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on07/28/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as
contempt of court.
/s/ SHELLEY BASSCLERK OF DISTRICT COURT
SAC COUNTY IOWA
Designee
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).
E-FILED 2014 JUL 17 8:36 AM SAC - CLERK OF DISTRICT COURT
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IN THE
IOWA DISTRICT
COUR T F OR
Sac
DISTRICT
COUKT OF
IO
SAC
COUNTY
FILED
C O U N T y f l |
U U L 2
|
AH IO:
S T A T E O F IOWA or
Plaintiff/Petitioner,
vs.
Mirk ^±m~kM
Defendant/Respondent.
rriminal
Civil
NO.
Afcnjt
- o^s^y
F I NANCI AL AF F I DAVI T AP P LI CATI ON
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
for
appointment
of
counsel,
and
under penalty
of
perjury,
the
undersigned states:
Name: fVfo/
C\
Birth Date:
0 3 - ? D - I ? S 7
Home Phone:
Cell Phone:
- &
E-mail:
fl> 3 - 30 - / & ? 7
Street Address:
Apt
City/
treet/P.O. Box
State
Zip
Pending charges: £ \ . / Ltf C( ( A r /? g In Jail? • Yes • No
Do you have a job? • No Job g^eSTFull Time • Yes,
Part
Time (List Hours/week: CJ )
Who do you work for?
H ow
much
money do
yo u
currently
make
before
taxes or
deductions?^ D D .
fft>per • hour
SJ-Tfionth
• year
H ow
much
money have yo u made in the last 12 months
from
any source
before
taxes or
deductions? ^ . t y j ^ j p O .
O O
H ow many family members are supported by or live with
you?
*S? ~—
If
a
spouse lives
with you, how much
money does
your
spouse
make?
$ f / / f y ~
per • hour • month • year
List
all
other
money you, or anyone
ls
living in your household, has coming in: O
List w hat you own includ ing money in banks, cars, trucks, other vehicles, land, houses, bu ildings, cash. or anything
else worth more than 100:
f-{ e
U
S £. p a y 1*1 t *t f J*S^ 5~- ° ^ ^
C>
List
amounts yo u pay
monthly
for mortgages rent car
loans cre^caidsrchild
support or any other debts:
I understand I may be required to repay the
State
for all or part of my
attorney f s
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
Signatur
\ J Rev. 1/6/12
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF, VS. MARK STRAKA ,
DEFENDANT.
02811 AGCR012597
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 between 125% and 200% of the guidelines, not appointing would causefinancial hardship.
Attorney Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.
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E-FILED 2014 JUL 22 12:48 PM SAC - CLERK OF DISTRICT COURT
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8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )
)PLAINTIFF ) Crim No.AGCR012597
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
MARK STRAKA )
)
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 2014 JUL 23 11:23 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,
vs.
MARK STRAKA , Defendant.
Case No: 02811 AGCR012597
INITIAL APPEARANCE
Charges:01 - 717B.2 - ANIMAL ABUSEDefendant appears by attorney Charles Schulte.
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
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 $625 to 6,250 fine plus 35% 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 JUL 28 9:24 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:
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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E-FILED 2014 JUL 28 9:24 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012597
Plaintiff,
vs. TRIAL INFORMATION
MARK JOSEPH STRAKA,DOB: 03/30/1957 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 Joseph Straka of
the crime of ANIMAL ABUSE, an Aggravated Misdemeanor in violation of Iowa Code Section
717B.2 committed as follows:
The said Defendant, Mark Joseph Straka, on or about July 3, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully intentionally injure, maim, disfigure or destroy
an animal owned by Sue Henson.
A TRUE INFORMATION
Prosecuting Attorney
Sac 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 AUG 26 10:34 AM SAC - CLERK OF DISTRICT COURT
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THE STATE OF IOWA vs. MARK JOSEPH STRAKA
Criminal No. AGCR012597
COUNT I: Animal Abuse
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
SUE HENSON, OCCUPATION UNKNOWN
A.T., A JUVENILE, STUDENT
DON NADRCHAL, DOCTOR OF VETERINARY MEDICINE, ANIMAL HEALTH CENTER
E-FILED 2014 AUG 26 10:34 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
AGCR012597 STATE VS MARK STRAKA
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 2014-08-26 10:35:12 page 3 of 3
E-FILED 2014 AUG 26 10:34 AM SAC - CLERK OF DISTRICT COURT
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
MARK STRAKA ,
Defendant.
Case No: 02811 AGCR012597
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 09/03/2014 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 AUG 26 10:34 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
AGCR012597 STATE VS MARK STRAKA
So Ordered
Electronically signed on 2014-08-26 10:35:12 page 2 of 2
E-FILED 2014 AUG 26 10:34 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA
DISRICTCOURT
FOR
SAC
COUNTY
ST,,\TE
F OWA.
CRTMINAL
O AGCROI2597
WRITTEN
ARRAIGNMENT.
PLEAOF
NOTGUILTY
Vs.
MARK STRAKA
Defendant
DateTrial
Information iled: 08/2612014
COMES
NOW the
Dcf'crrdant
n the abovc-captioned
riminalcaseand
-lndcr athstates:
l. I am represented
y Attorne-v
harlesA. Schulte.
whoseaddress
nd
phone
number
are
421Main
St. .PO Box 392.
SacCit ) ' .
A. 50583;(712) 62-4115.
2. My
currer]tmailing
and csidence ddress
ncl
honenumbcrare -1252
.lr)'l'51.. n.
Ci tv , A 50583.My phone umber s:712-661-9778. y dateof bir th s 03-30-1957.
can
eadandunderstand
he
Finglishanguage nd
havecompleted
he follo ving evelof
education:
2
Years.
'1.
I havebeen
advised -v
ml attomel and
undcrstandhat
havea right to arraignment
in opcnCourt.
ar.rd
voluntaril.v
vaive
hat
ight. choosing
nsteado sign his
Written
Arraignment
ndPleaof
Not Guilty.
I undcrstandhat
imes1br urther
procecdings
which are
computed
rom the date of arraignment
n'ill be cot.nputediom
the date o1
hling this
WrittcnArraignment
ndPlea
of Not Guiltl.
5. I have eceived copy of the l rial Information 'hichchargesmc with the crime
of
COUNT
I: ANIMAL
ABUSE
n v iolat ionof
Iowa CodeSect ion
17B.2'
6.
With regard
o the nanie
b.v
'vhich am chargcd n the
Trial L.rfbrmation
either heck
a
or clieck
and. ompletc
b ):
'/
1
y'a.
I6c nameon
thc Trial Infbrmation
s ni-v rue
namc. I havebeen
advised
andund6rstand
hat am
nou
prccludediom objecting
o the Trial Informatior.r
pon he
ground
hat
I am mproperl.v
amed.
(
)b.
The nameshou'n
on the
Trial lnformation
s not my true name.
Mv truc
namc s. I requcst hatan cntlv bemade n tlreminutes horvingmv true natne. have
bcenadviscd
andunderstand
lrther
proceedings ill be radagainst
mc b1'that
name,
thc Trial
lnfbrmation
w'ill be amended
ccordingll'.
ndwhen he
rial Information
s so
amended,
rvill
be
precluded rom objecting pon
he
grounds artr mproperll'
.ramed.
7.
I havcbeen
advised
nd undcrstand
hat mal
pleadguilty.
not
gr-lilt.v
r lbrmer
conviction
r acquittal.
8. For
he
purpose fthis arraignmcnt.
havehad sufficient
irne o discuss
ny case
vith
E-FILED 2014 SEP 02 9:59 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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my attorney.
nd
waive
any
ufiher imc
in
n'hich o
entcra
plea.
9. I
pleadNOT
GUILTY
to
tl.rc hargcs
n
paragraph above.
10.
I havebeen
advised
nd
understand
hat
havca right
under
Rule
2.33(2)(b)
l the
IowaRt e.y l CriminulProcedureo a trial rvithinninetydays/one
earatler
he iling
ol
the
Trial Infonnation
and
(check
either a
or
b ):
,.
(
lr a.
I demand
pcedy
rial
pursuant
o Rule
2 33(2)(b)
and
c)
(
)
b.
I u'aive
my
right to
a speedy
rial
pursuanto Rule
2 33(2)(b)
and
c) '
I L I
request
hat
a trial
datcbe set
plrrsuanlo
l{ule
tl.l ofthe
lowa
Rules
o./
'riminul
prctcetlure.
My
attorney
nd
rvill
be
a\ailable
br trial
on the
ollorving
days:
Any
Tin ie.
Original
to
be
filcd
with Clerk
of
Court
Copy
provided
to :
Countl
AttorneY
Attdrnel
tbr Defcndant
E-FILED 2014 SEP 02 9:59 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs. MARK STRAKA ,
Defendant.
Case No: 02811 AGCR012597
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on September 2, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 10/15/2014 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 THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 11/04/2014 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 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 SEP 02 4:43 PM 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 SEP 02 4:43 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-09-02 16:43:24
3 of 3
E-FILED 2014 SEP 02 4:43 PM SAC - CLERK OF DISTRICT COURT
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Date: 09/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
No. AGCR012597
vs.
MARK STRAKA
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE
OF TRIAL OR PROCEEDING
COMES NOW the undersigned person, who states as follows:
1. Certain representatives of the news media want to use photographicequipment
(__X__), television cameras (__X__) or electronic sound recording 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; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods; laptop computers.
WHEREFORE, the undersigned media coordinator gives notice of request(s) forexpanded media coverage as aforesaid.
Signature___/S/ Jesse Helling______________________
Date____9/16/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
E-FILED 2014 SEP 16 12:15 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: OTHER ORDER
So Ordered
Electronically signed on 2014-09-16 10:46:38
2 of 2
E-FILED 2014 SEP 16 10:47 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )Plaintiff ) AGCR012597
)
Vs. ) OBJECTION TO EXPANDED) MEDIA COVERAGEMARK STRAKA )
Defendant
______________________
COMES NOW the defendant and hereby objects to expanded media coverage of
his case.
WHEREFORE: Defendant prays the Court to deny the request for expanded media
coverage.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
E-FILED 2014 SEP 18 9:57 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]:[email protected]
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA ,
plaintiff(s) / petitioner(s),
vs.
MARK STRAKA ,
defendant(s) / respondent(s).
Case No: 02811 AGCR012597
Order Setting Hearing
The Court is in receipt of Defendant's Objection to Expanded Media Coverage and the sameshould be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 10/01/2014 at 10:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.
Clerk to provide copies to:County AttorneyDefendant's AttorneyMedia Coordinator
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E-FILED 2014 SEP 18 10:08 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING HEARING
So Ordered
Electronically signed on 2014-09-18 10:07:56
2 of 2
E-FILED 2014 SEP 18 10:08 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, )
) AGCR012597
Plaintiff )
vs ) MOTION TO CONTINUEMARK STRAKA )
)
Defendant )
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:
Hearing on Defendant’s Objection to Expanded Media Coverage this matter has
been scheduled for October 1, 2014 at 10:30 A.M.
1.
The undersigned attorney will be out of state until October 9th
, 2014.
WHEREFORE, Defendant requests the Court to continue the hearing in this
matter to a later date convenient to the Court.
Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583Phone (712) 662-4715
E-FILED 2014 SEP 18 11:40 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff / Petitioner, vs.
MARK STRAKA ,
Defendant / Respondent.
02811 AGCR012597
ORDER OF CONTINUANCE
Upon application of the Defendant and for good cause:
This matter is continued, Hearing is scheduled on 10/15/2014 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney
1 of 2
E-FILED 2014 SEP 18 12:55 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER FOR CONTINUANCE
So Ordered
Electronically signed on 2014-09-18 12:55:00
2 of 2
E-FILED 2014 SEP 18 12:55 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff, v. MARK STRAKA ,
Defendant.
02811 AGCR012597
ORDER
The Defendant failed to appear for hearing on the Resistance To expanded Media Coverage. TheDefendant failed to present any evidnece on the matter. The Resistance is denied.
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E-FILED 2014 OCT 15 11:03 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: OTHER ORDER
So Ordered
Electronically signed on 2014-10-15 11:03:35
2 of 2
E-FILED 2014 OCT 15 11:03 AM SAC - CLERK OF DISTRICT COURT
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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs. MARK STRAKA
Defendant.
Case No. 02811 AGCR012597
COURT REPORTER MEMORANDUM AND
CERTIFICATE
COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)
Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther: Curtis Bloes
Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):
1. The type of proceeding that was reported: Hearing RE: Expanded Media Coverage 2. The date(s) on which the proceeding occurred: October 15, 2014 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.
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E-FILED 2014 OCT 15 12:50 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
Electronically signed on 2014-10-15 12:50:44
2 of 2
E-FILED 2014 OCT 15 12:50 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
MARK STRAKA,
Defendant.
Case No. AGCR012597
REPORT OF PRETRIALCONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 21, 2014, the parties conducted a Pretrial Conference as ordered.
The State appeared by the Sac County Attorney, Ben Smith. The Defendant
appeared by his attorney, Chuck Schulte. 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 has agreed to plead guilty to Count 1 amended to FIFTH DEGREE
CRIMINAL MISCHIEF, a Simple Misdemeanor in violation of Iowa Code section
71.6. Additionally, Defendant has agreed to pay the minimum fine, restitution in
the amount of $134.80, court appointed attorney fees reimbursement, and all
other applicable costs and surcharges. In consideration, the State has agreed to
recommend that Defendant not be given jail sentence.
Defendant intends to submit a written guilty plea by November 4, 2014.
Defendant intends to waive presence at sentencing. Defendant intends to waivetime between plea and sentencing.
__________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583
Telephone: 712-662-4791Email: [email protected]
E-FILED 2014 OCT 21 11:23 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
MARK STRAKA ,
Defendant.
02811 AGCR012597
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
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E-FILED 2014 OCT 21 2:30 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: OTHER ORDER
So Ordered
Electronically signed on 2014-10-21 14:29:04
2 of 2
E-FILED 2014 OCT 21 2:30 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, No. AGCR012597
Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION
MARK JOSEPH STRAKA,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on theDefendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:Count I: CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple
Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6.
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.
Prosecuting AttorneySac County Attorney, Benjamin John Smith
Sac County Courthouse100 NW State St., Suite 9
Sac City IA 50583Telephone: 712-662-4791
Fax: 712-662-4123Email: [email protected]
Copy to: Defendant’s Attorney
PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on _October 23,2014 by: [ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ ] Overnight Courier
[ ] Certified Mail [x] EDMS
Signature: /s/Norma Hecht
E-FILED 2014 OCT 23 11:49 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012597
Plaintiff, AMENDED
vs. TRIAL INFORMATION
MARK JOSEPH STRAKA,DOB: 03/30/1957 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 Joseph Straka of the crime of CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in violation
of Iowa Code Sections 716.1 and 716.6 committed as follows:
The said Defendant, Mark Joseph Straka, on or about July 3, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter or destroy
tangible property, to-wit: Injure a dog belonging to Sue Henson, the cost of replacing, restoring
and/or repairing of which is $200 or less.
A TRUE INFORMATION
Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9
Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
E-FILED 2014 OCT 23 11:49 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MARK JOSEPH STRAKA,
Defenant.
Case N!. A"CR#$%&'(
ORDER
NOW, !n t)is %*+
a !f O-t!e+, %#$/, t)e C!0+t is in +e-ei1t !f t)e State2s
Re30est f!+ 4eave !f C!0+t t! A5en T+ial Inf!+5ati!n. T)e Re30est s)!0l e6+ante.
IT IS THEREFORE ORDERED t)at t)e State2s Re30est is 6+ante. T)e T+ial
Inf!+5ati!n is a5ene t! 1+!vie t)at Defenant is n!7 -)a+6e 7it) C+i5inal Mis-)ief
in t)e Fift) De6+ee, a Si51le Mise5ean!+, in vi!lati!n !f I!7a C!e Se-ti!ns ($8.$
an ($8.8.
Cle+9 t! f0+nis) -!1ies t!:C!0nt Att!+neDefense C!0nsel
E-FILED 2014 OCT 23 3:28 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
AGCR012597 STATE VS MARK STRAKA
So Ordered
Electronically signed on 2014-10-23 15:28:41 page 2 of 2
E-FILED 2014 OCT 23 3:28 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER FOR CONTINUANCE
So Ordered
Electronically signed on 2014-11-05 12:14:12
2 of 2
E-FILED 2014 NOV 05 12:14 PM SAC - CLERK OF DISTRICT COURT
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IN THI IOWA
DISTITIC'TOT]RT
ORSACCOLINTY
THE
S
ATE OF OWA.
)
NO AGCR0I2597
)
Plaintiff.
)
WAIVEI{OFRIGHT
TO
MARK JOSEPH
TRAKA
SPEEDY RIAI,
Def'endant.
Comes
norv he defendant.
arkJoseph
Straka. ndstates
s bllows:
1
I Ie rcalizes nat
hc hasa righi b1
r inue oi the Constiitttion
f iire Urrited
Slates
o a
speedl'
rial;
2. Hc realizes e hasa right o a spcedy'trial .vvirtueof lou'a Rule of Criminal
Procedure
.33(2
b)
vhich
tatcs:
lf
a dcf'cndant
ndicted br a
public
of'fbnse
asnot
rvaived is or her
right
o a speedy
rial, he or she
mustbe brought
o trial
r.r'ithin inety
daysaftcr ndictment
s lbund
or thc court
mustordcr he
ndictmcnt
to be dismissed
nless
ood
cause o the
contrary e slioul.
Hc is also
arvare f the
act hat his
rulc s applicablc
o a Countl'
Attorne.v's
nfbmration
and
hat he
ninetl dal'period
uns iorn he
iling date
hcrcol-.
3. He furlher calizes l.rat e hasa right o a speed.vrial under olvaRuleof Criminal
Procedure
.33
2
(b
rvhich
states:
Atl
criminal
cases
mustbe brought
o trial
within onc
)ear
after
he defendat's
initial
anaignment
ursuanto ru le 2.8
unlcss n ertension
s
granted 1' he
court-upon
a
showing
f
good
cause.
3.
He hasbeen
ully
advised fhis
rights o
a spcedl rial
and he ramifications
hereof .v
his
attorne).
ncluding
hc fact hat
hc menlor-v
f
r.i'itnesscsade
u
ith the
pessagr--f
timc: hat
witnesses
a1.' isappear
r becomc
navailable:
hat
delay nal
irnpair he
eflectivenessf his del'ense:hat he communitymal vieu,him with suspicion urir.rghe
pendenc.vf the
action herebl,
1'fecting
is occupational
ndsocial
endeavorsl
hat :e
r.vill ave o endure
rolongcd nxiet-v
r]dconcern
nd
hathe s or
canbe subjccted
o
incarceration
ending rial.
and aking
nto account
ll ofthese
'actors
ndconsiderations.
he deems
t to be
n his best
nterest
o waive
his speedy
rial rights
at this
ime and
he
does herclbre
ercby
waivc the same
oth
as o IRCP
2.33(a)
nd RCP
2.33(b)
nddoes
consent
l.rat
hc trial
may be
postponed
ntil
such
dates s
t n.ralbe
scl.rcduled
br
trial by
the court.
The
defendant
esen,es
he
right o subsequently
ithdrau'this
$'aivelupon
rvritten
otice
hereof o
the coufi
ar.rdhe
State f
lorva.
E-FILED 2014 NOV 20 4:56 PM SAC - CLERK OF DISTRICT COURT
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IN THE
IOWA DISTRICTCOURT
FOITSAC COUNTY
)
AGCR012597
STATEOF IOWA,
Plaintiff
)
WAIVEROFJURY
TRIAL
Vs.
MARK JOSEPHSTRA.KA
)
Def-endant
COMES
NOW
THE DEFENDANT,
Mark JosephStraka,
ndstates:
I
desire
o
waive my right to have his case
ried b,va
ury.
No onehas hreatened e, coercedme, or in any way pressured e nto
waiving
ny right o
a trial by
ury.
I understandhat
arn
giving
up
certain hings
by not havinga
ury
trial.
1. n
a
ury
trial, n.ry
nnocence r
guilt would be deterrnined
y
twelve
persons
ndall
twelve ofthem
would have
o be convinced
y the evidence
of my
guilt beyonda
reasonable oubt;
notjust ten or
eleven, ut all
twelve.
If I
waive rial by
ury,
only the
udge
will have o be convinced
eyond
a
reasonableoubt.
2. In selecting
ury,
rny counsel
would have he
right to
question ll of the
jurors
underoath
o determine
f they are
qualified
urors;
but f
I waive ny
right
o a
ury
trial, my counsel
annotdo
that.
3. In selecting
ury,
my counsel
ouldhave he
ight o challenge
urors
for cerlain easons
nd o strike
a ceftain
number rom
the
panel, ut f the
couft
ries
he case, his
s
waivedandwill not be
done.
4. A Jury rial guaranteeshat he ury be a cross-sectionf the community,
whereas
f the court
ries he case
will
not havesuch
a cross-section.
I hereby
waive my right
to have
his case
ried by ajury
and
equest
hat his
case e ried
o the
cout1.
E-FILED 2014 NOV 20 4:57 PM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs. MARK STRAKA ,
Defendant.
Case No: 02811 AGCR012597
Pretrial Order
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Clerk to provide notice to counsel of record.
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E-FILED 2014 DEC 02 12:19 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: OTHER ORDER
So Ordered
Electronically signed on 2014-12-02 12:19:14
2 of 2
E-FILED 2014 DEC 02 12:19 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
MARK STRAKA,
Defendant.
Case No. AGCR012597
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 7, 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, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:
The case is ready for trial. The requested placement on the trial order is
as follows: The parties request that Court set this matter for a non-jury trial on
the next available trial date in Sac County.
__________________________
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 2015 JAN 08 8:41 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA ,
Plaintiff(s),
vs.
MARK STRAKA ,
Defendant(s).
Case No: 02811 AGCR012597
Order Setting Hearing
The Court is in receipt of the parties' Report of Pretrial Conference. The Report requests thismatter be scheduled for non-jury trial. The same should be scheduled, as well as a hearing to allowDefendant to waive his right to jury trial formally on the record.
IT IS ORDERED that a Hearing is scheduled on 01/21/2015 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.
The Court has allowed two hours for this hearing.
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E-FILED 2015 JAN 09 1:49 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING HEARING
So Ordered
Electronically signed on 2015-01-09 13:49:09
2 of 2
E-FILED 2015 JAN 09 1:49 PM SAC - CLERK OF DISTRICT COURT
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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs. MARK STRAKA
Defendant.
Case No. 02811 AGCR012597
COURT REPORTER MEMORANDUM AND
CERTIFICATE
COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)
Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther:
Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):
1. The type of proceeding that was reported: Waiver of Jury Trial 2. The date(s) on which the proceeding occurred: January 21, 2015 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.
1 of 2
E-FILED 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
Electronically signed on 2015-01-21 11:21:31
2 of 2
E-FILED 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT C O U R T F O R S A C C O U N T Y
STA TE OF IOWA,
Plaintiff,
Case N o. A G C R 0 1 2 5 9 7
v.
M A R K S T R A K A ,
W A I V E R
OF R IGHT
Defendant.
T O J U R Y TRIAL
ro
cn
I have be en re prese nted by coun se l during thes e proc ee dings and it is my de cision at
this t ime to waive my right to a
jury
trial.
I understand
that
by waiving m y
right
to a
jury
trial, I am waiving my
right
to:
a a 12-person jury
b a unanimous
jury
verdict;
c By waiving my
right
to a
jury trial
I acknowledge
that
the Court will de cide my
guilt or innoce nce ;
d By waiving my
right
to a
jury trial
I acknowledge
that
the Court nor the
prosecution wil l reward me for waiving a jury trial.
Dated: January 21 , 2015 .
Charles Schulte
Attorney for the Defendant
cc : Coun ty Attorney
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MARK STRAKA,
Defendant.
Case No. ACR!"#$%&
ORDER
NOW, on t'is #"st da( of )an*a+(, #!"$, t'e Defendant aea+ed e+sonall( and
-it' o*nsel, C'a+les S'*lte, fo+ 'ea+in/ on 'is -aive+ of 0*+( t+ial. T'e Stateaea+ed 1( 2en S3it', Sa Co*nt( Atto+ne(.
At t'e ti3e of 'ea+in/, t'e Sa Co*nt( Atto+ne( o+all( 3oved to a3end t'e
'a+/e 1a4 to t'e o+i/inal 'a+/e of Ani3al A1*se, an A//+avated Misde3eano+, in
violation of Io-a Code Setion &"&2.#. T'e Defendant and 'is o*nsel did not oose
t'at a3end3ent.
T'e Co*+t 3ade a fo+3al +eo+d -it' Defendant +e/a+din/ 'is -aive+ of 0*+( t+ial
and t'e Defendant e5e*ted, in t'e +esene of t'e Co*+t, a Waive+ of Ri/'t to )*+(
T+ial. T'e Defendant6s o+al and -+itten -aive+ of 0*+( t+ial -as aeted 1( t'e Co*+t.
T'is 3atte+ s'o*ld no- 1e s'ed*led fo+ non70*+( t+ial.
IT IS T8EREFORE ORDERED t'e T+ial Info+3ation is a3ended 1a4 to t'e
o+i/inal 'a+/e of Ani3al A1*se, an A//+avated Misde3eano+, in violation of Io-a Code
Setion &"&2.#
IT IS FURT8ER ORDERED t'at Defendant6s -aive+ of 0*+( t+ial is aeted.
IT IS FURT8ER ORDERED t'at non70*+( t+ial is no- s'ed*led fo+ Fe1+*a+( 9,
#!"$ at "!:!! a.3. at t'e Sa Co*nt( Co*+t'o*se, Sa Cit(, Io-a.
Cle+4 to f*+nis' oies to:Sa Co*nt( Atto+ne(Defense Co*nsel
E-FILED 2015 JAN 21 11:29 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
AGCR012597 STATE VS MARK STRAKA
So Ordered
Electronically signed on 2015-01-21 11:29:58 page 2 of 2
E-FILED 2015 JAN 21 11:29 AM SAC - CLERK OF DISTRICT COURT
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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs. MARK STRAKA
Defendant.
Case No. 02811 AGCR012597
COURT REPORTER MEMORANDUM AND
CERTIFICATE
COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)
Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther:
Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):
1. The type of proceeding that was reported: Non-Jury Trial 2. The date(s) on which the proceeding occurred: February 4, 2015 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.
1 of 2
E-FILED 2015 FEB 04 11:41 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs. MARK STRAKA ,
Defendant.
Case No: 02811 AGCR012597
EXHIBIT LIST
Non-Jury TrialJessica J. Savits, CSR, RPR
Presiding Judge: Adria Kester
The following exhibits were offered and admitted by the Court at the hearing as shown above: State's Exhibits
Exhibits 1 - 7 ~ PhotographsExhibit 8 ~ Animal Health Center Receipt
Exhibit 9 ~ Statement of Mark Straka
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E-FILED 2015 FEB 04 11:44 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: EXHIBIT LIST
So Ordered
Electronically signed on 2015-02-04 11:44:25
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E-FILED 2015 FEB 04 11:44 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MARK STRAKA,
Defendant.
Case No. ACR!"#$%&
VERDICT AND ORDER
On Fe'()a(* +, #!"$, te Co)(t -ond)-ted a 'en- t(ial in tis -ase. Defendant,
Ma( St(aa, a//ea(ed 0it is atto(ne*, Ca(les S-)lte. Sa- Co)nt* Atto(ne* 1enS2it a//ea(ed fo( te State of Io0a.
On Nove2'e( #!, #!"+, te Defendant filed is intention to 0aive a 3)(* t(ial and
to ave te Co)(t -ond)-t a t(ial on te (e-o(d. On 4an)a(* #", #!"$, te Co)(t
-ond)-ted an in5-o)(t /(o-eedin6 0e(e te Defendant, on te (e-o(d and in 0(itin6,
intelli6entl* 0aived is (i6t to 3)(* t(ial. Te Co)(t a--e/ted te 0aive( and s-ed)led
te 2atte( fo( a 'en- t(ial.
Te Co)(t (e-eived, 0ito)t o'3e-tion, State7s E8i'its " t(o)6 %. Follo0in6
o/enin6 state2ents, /(esentation of eviden-e, and -losin6 a(6)2ents, te -ase 0as
s)'2itted to te Co)(t. Afte( a -a(ef)l (evie0 of te (e-o(d and -onside(in6 te
a//li-a'le la0, te Co)(t is /(e/a(ed to ()le.
STATEMENT OF THE CASE
On A)6)st #9, #!"+, te Co)(t a//(oved a T(ial Info(2ation -a(6in6 te
Defendant 0it Ani2al A')se, an a66(avated 2isde2eano(, in violation of Io0a Code
Se-tion &"&1.#. Te Defendant 2aintained tat e 0as not 6)ilt* on all -a(6es.
E-FILED 2015 FEB 05 11:46 AM SAC - CLERK OF DISTRICT COURT
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND VERDICT
Te Co)(t finds tat te State /(oved te follo0in6 fa-ts 'e*ond a (easona'le
do)'t:
". On 4)l* ;, #!"+, te Defendant sot is nei6'o(7s do6 0it a /ellet
6)n afte( te do6 ente(ed te Defendant7s /(o/e(t*.
#. Te do6 0as in3)(ed as a (es)lt of te Defendant7s a-tions.
;. Te Defendant intentionall* sot te do6.
+. Te do6 0as )n-onfined.
Te Defendant a(6)es tat e 0as a-tin6 to /(ote-t is /e(son f(o2 in3)(* andis /(o/e(t* f(o2 da2a6e '* te do6. Te Defendant and is 0ife testified tat te
nei6'o(7s do6s 0o)ld ente( tei( /(o/e(t* at least t0o ti2es a 2ont fo( a /e(iod of
fo)( 2onts /(io( to te in-ident, and 0o)ld e te -o)/le.
Te* 'ot indi-ated tat te do6s 0o)ld ()n at te2 and 'a( 0en te* 0e(e in tei(
vei-le, 0en te* (et(ieved tei( 2ail and 0en te* 0o)ld 0o( in te *a(d. D)(in6
tis /e(iod, te do6s neve( da2a6ed an* /(o/e(t* o( in3)(ed an* /e(son. Des/ite tei(
alle6ed fea( of te do6s, neite( e8/(essed an* -on-e(ns to te do6s7 o0ne(s, no( 2ade
a -o2/laint to te a)to(ities.
On te date in ?)estion, te do67s o0ne(, S)e @enson, testified se 0as (idin6
o(se'a- do0n te (oad in f(ont of te Defendant7s /(o/e(t*. Te do6 0as follo0in6
te o(ses and 0as sot afte( it ente(ed a//(o8i2atel* t0o feet onto te Defendant7s
/(o/e(t*, 0ile te Defendant testified te do6 -a(6ed a//(o8i2atel* &$ feet on to is
/(o/e(t* and e 0as fo(-ed to soot te do6 0en te do6 0as a'o)t ten feet f(o2 is
/e(son.
Afte( -a(ef)l -onside(ation, te Co)(t does not find it -(edi'le tat te Defendant
a-ted (easona'l* to /(ote-t is /e(son o( /(o/e(t*. Te Co)(t does not 'elieve te do6
/osed a (is of da2a6e to /(o/e(t* no( a (is of in3)(* o( deat to /e(sons 0a((antin6
te Defendant to intentionall* in3)(e te do6.
E-FILED 2015 FEB 05 11:46 AM SAC - CLERK OF DISTRICT COURT
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1ased on te a'ove Findin6s of Fa-t, te Co)(t -on-l)des tat te Defendant is
6)ilt* of te -a(6e of Ani2al A')se, in violation of Io0a Code Se-tion &"&1.# and
senten-in6 sall 'e set '* se/a(ate O(de(.
Cle( to f)(nis -o/ies to:Co)nt* Atto(ne*C)- S-)lte
E-FILED 2015 FEB 05 11:46 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
AGCR012597 STATE VS MARK STRAKA
So Ordered
Electronically signed on 2015-02-05 11:46:52 page 4 of 4
E-FILED 2015 FEB 05 11:46 AM SAC - CLERK OF DISTRICT COURT
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2RCR22
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
MARK STRAKA , DEFENDANT.
Case No. 02811 AGCR012597
ORDER SETTING HEARING
The Court has entered a Ruling following the bench trial in this matter.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. A Sentencing Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
CLERK TO FURNISH COPIES TO:
If you need assistance to participate in court due to a disability, call the disabilitycoordinator at (641) 421-0990. Persons who are hearing or speech impaired may callRelay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legaladvice.
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E-FILED 2015 FEB 05 11:48 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING HEARING
So Ordered
Electronically signed on 2015-02-05 11:48:30
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E-FILED 2015 FEB 05 11:48 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )Plaintiff ) AGCR012597
)
Vs. ) MOTION TO WITHDRAW)Defendant
______________________
COMES NOW Charles A. Schulte, court appointed attorney for the defendant,
Mark Straka, and moves for leave to withdraw as counsel and in support thereof states:
1. The Defendant has expressed displeasure with the services of Counsel.
2.
The Defendant has requested that Counsel file motions for new trial and in arrestof judgment on grounds including ineffective assistance of counsel.
3. Such motions have been prepared and filed.
4. It would be difficult for Counsel to argue effectively his ineffectiveness.
WHEREFORE: Charles A. Schulte requests leave of Court to withdraw as attorneyfor the defendant in this matter.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
E-FILED 2015 FEB 19 10:13 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]:[email protected]
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA ,
plaintiff(s) / petitioner(s),
vs.
MARK STRAKA ,
defendant(s) / respondent(s).
Case No: 02811 AGCR012597
Order Setting Hearing
The Court is in receipt of Motion to Withdraw and the same should be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa.
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E-FILED 2015 FEB 19 10:52 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING HEARING
So Ordered
Electronically signed on 2015-02-19 10:51:51
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E-FILED 2015 FEB 19 10:52 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA ,
plaintiff(s) / petitioner(s),
vs.
MARK STRAKA ,
defendant(s) / respondent(s).
Case No: 02811 AGCR012597
Order Setting Hearing
The Court is in receipt of Motion for New Trial and Motion in Arrest of Judgment and the sameshould be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa.
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E-FILED 2015 FEB 19 10:53 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 AGCR012597 - Sac City man convicted of Animal Abused asks for new trial.pdf
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State of Iowa Courts
Case Number Case TitleAGCR012597 STATE VS MARK STRAKAType: ORDER SETTING HEARING
So Ordered
Electronically signed on 2015-02-19 10:52:56
E-FILED 2015 FEB 19 10:53 AM SAC - CLERK OF DISTRICT COURT