AGCR012643 - Case Against Council Bluffs Man Accused of Driving While Barred is Dismissed

8/10/2019 AGCR012643 - Case Against Council Bluffs Man Accused of Driving While Barred is Dismissed

1/30


2/30

E-FILED 2014 SEP 09 4:04 AM SAC - CLERK OF DISTRICT COURT


3/30

I N

T H E

I O W A

D I S T R I C T

C O U R T

F O R .

S T A T E

O F

I O W A

or

Plaintiff/Petit ioner,

Defendant/Respondent.

DISTRICT COOili ur IOW

S C COUNTY

FILED

281

ii SEP 10 AH9: OU

Sac C O U N T Y

Cr imina l

Civ i l

NO flfrfgq;kM3.

F I N A N C I A L A F F I D A V I T / A P P L I C A T I O N

F O R A P P O I N T M E N T

O F C O U N S E L

Insupport

of

m y

application

forappointment

ofconnsel,

a ndunder penaltyofperjury,the andersignedstates

Name:

BirthDate:

E-mail:

ome Phone: W j ^ f l ^ ^ Cell Phone: 4fr 1 ^ W ^ M j

Street Address: )OWd- ^ f L ^ i M ' 0 -

InJail?

Yes a~5Jo

Do youhaveajob? d No Job ^ Y es, Full Time Y es,PartTime (List

Hours/week:

3 ^ - p t

r

)

Who do you

work for?

j _

H ow

much

moneydo you

currently

make beforetaxesordeductions? ? 3> per - (fhour month year

H ow

muchmoney

haveyo u

made

in the

last

12monthsfrom any

source,

before

taxes

or

deductions?

Q / , O Q

H owmanyfamily

members

aresupportedby or liv e withyou? ( / ^


4/30

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.JOHN DAVID ZELLMER ,

DEFENDANT.

02811 AGCR012643

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Charles Schulte, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 SEP 10 1:28 PM SAC - CLERK OF DISTRICT COURT


5/30

State of Iowa Courts

Case Number Case TitleAGCR012643 STATE VS JOHN DAVID ZELLMERType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-09-10 13:28:24

2 of 2



6/30

DISTRICT

COU i CF

IOWA

SA CCOUNTY

FILED

I N T H E I O W AD I S T R I C T C O U R T F O R S A C C O U N T Y

20iiiSFP-

in PH 2 .57

M A G I S T R A T E D I V I S I O N

S T A T E

O E I O W A ,

Plain t i f f

M A G I S T R A T E N O .

I N I T I A L A P P E A R A N C E

Defendant

O n

this ^ ^ . day of ^ ^ f \ ^ r L u \ J , 2 0_ / the Defendant herein

appears

before the

pndersigned Magistrate in and for Sac

County, having

been charged

with

the crime of d f t i / j M

j j J K if-g.

- . _ . being a violation of Section of the Code of

Iowa.

The Court advises the Defendant asfollows:

1. Thathe/shehas the right to remain silent. That anystatement madeby the Defendant can and

wouldbe used against him/her in a Court oflaw. That

he/she

has the right to have an attorney

presentat

al l

stagesofthe proceeding and, ifthe Defendant is unable toaffordcounsel,that,upon

proper application, onewouldbe appointed for them.

2.

Thathe/sheischargedwithaviolation of

Section

Sat,si \ .which is-classifiedas:

|

Felony- Class

^

Aggravated Misdemeanor

Serious Misdemeanor

3.

That the

Tna-rimnm

punishmentfora pleao fguiltyorconviction ofthe above charge is:

OneYearCountyJai l

3y

YearsPrison

1 And/Or S

2 Cl-

loFine i f S ^ *

i

CijfJ

4. That to obtain the services of an attorney at the expenseof the

State

of Iowa, application for

Court-appointed counsel must be completed, reviewed by the Sac County Attorney and fUed

with

this Court.

5- (

a

) Y ou

w i l l

be released from custody prior totrialon your own promise to

appear

at all

farther court proceedings. Ifyou

w il l fu l ly fa l l

toappearbefore any court as required,you shallbe

guiltyof aCtess=^lony/seriousmisdemeanor; or

(b) (If appropriate) Uponconsideration pf the factors in Section 811.2, the Court is not

reasonably assured

that

youw i l l appearat all court proceedings in the future and therefore the

Court imposes thefoDowingconditions on your release:

6. Defendantisentitled to a preliminary hearing unlesswaived, whichhearingisheld to determine

whether sufficient evidence exists to justify further prosecution of fhe Defendant as charged. Prior to a

preliminary hearing, the Defendant is informedthata Grand Jury may indict him/her, or a

T r i a l

Information

may befi ledby the County Attorneyo fthis county.

7. The Defendantisinformedofhis/her rights to a preliminary hearing and preliminary hearing is:

Waived

_ A

f [

^

X ' Set

for

fhe 3\ &k- day of 20__ at ?0 ; A M . inthe

Magistrate Courtroom, Courthouse, SacC i t y ,SacComity,Iowa.

f*^a.prelzniliiary

hearingdatehas been set, you should contact the county attorney at (712)

662-4791

\

\_b_fore attending this hearing to determine whether or not itw i l lbe

held.

~ ~ '

(Jom

u


7/30

8.

T F Y O UH A V E N O T B E E N F I N G E R P R I N T E D A N D P H O T O G R A P H E D F O R

THIS

O F F E N S E , Y O U M U S T R E P O R T TO T H E S A C C O U N T Y

S H E R I F F ' S

D E P A R T M E N T W I T H I N 10 D A Y S

F R O M THISD A T E TO DO SO. TFD E F E N D A N T H A S NOTP R E SE N T E D T H E M S E L V E S W I T H I N 10

D A Y S

F R O M

THIS

D A T E ,

THE SAC

C O U N T Y

S H E R I F F ' S

D E P A R T M E N T

IS

O R D E R E D

AT EOS

C O N V E N I E N C E T O P I C K U P D E F E N D A N T T O B E P H O T O G R A P H E D A N D F I N G E R P R I N T E D .

If

you require fhe

assistance

of auxiliary aids or services to participate in court

because

of a disability,

immediately

call

your districtA D Acoordinator at (641) 421-0990. (Ifyou are hearing impaired, cal] Relay Iowa

T T Yat

1-800-735-2942.)

WarrenL .Bush

, JudicialMagistrate

Copies to:

County Attorney

Defendant

Sac County

Sheriff


8/30


THE STATE OF IOWA, )

)PLAINTIFF ) Crim No. AGCR012643

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

JOHN DAVID ZELLMER )

)

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



9/30

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012643

Plaintiff,

vs. TRIAL INFORMATION

JOHN DAVID ZELLMER,DOB: 09/23/1986 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, John David Zellmer of

the crime ofOPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER

SECTION 321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of

Iowa Code Sections 321.560 and 321.561 committed as follows:

The said Defendant, John David Zellmer, on or about September 9, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the

state while license has been barred for being a habitual offender under section 321.555 and

321.556 of the Code of Iowa.

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 OCT 01 10:22 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


10/30

THE STATE OF IOWA vs. JOHN DAVID ZELLMER

Criminal No. AGCR012643

COUNT I: Operating a Motor Vehicle While License is Barred Under Section 321.560 asa Habitual Offender

NAMES OF WITNESSES:

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OF

TRANSPORTATION



11/30


Type: Approval of Trial Information

Case Number Case Title

AGCR012643 STATE VS JOHN DAVID ZELLMER

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 2014-10-01 10:23:22 page 3 of 3



12/30

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

JOHN DAVID ZELLMER ,

Defendant.

Case No: 02811 AGCR012643

ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin 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 10/15/2014 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



13/30


Type: ORDER FOR ARRAIGNMENT



So Ordered




14/30


STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 AGCR012643

ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled.

IT IS, THEREFORE, ORDEREDthat the Arraignment is scheduled on 11/05/2014

at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that set

forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:

County Attorney

Defendant

Defense Counsel

1 of 2

E-FILED 2014 OCT 15 12:49 PM SAC - CLERK OF DISTRICT COURT


15/30


Case Number Case TitleAGCR012643 STATE VS JOHN DAVID ZELLMERType: ORDER FOR CONTINUANCE

So Ordered


2 of 2



16/30

Date: 10/16/2014


State of Iowa

Plaintiff

No. AGCR012643

vs.

JOHN DAVID ZELLMER

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.

WHEREFORE, the undersigned media coordinator gives notice of request(s) forexpanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________

Date____10/16/2014___________________

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



17/30

2RCR15


STATE OF IOWA,

PLAINTIFF,

vs.JOHN DAVID ZELLMER ,

DEFENDANT.

Case No. 02811 AGCR012643

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before October 31, 2014. If any objection is filed on or

before October 31, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before October 31, 2014, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

MEDIA COORDINATOR

JOHN DAVID ZELLMER

1 of 2



18/30


Case Number Case TitleAGCR012643 STATE VS JOHN DAVID ZELLMERType: OTHER ORDER

So Ordered


2 of 2



19/30

IN THE IOWA DISRICTCOURT

FORSACCOUNTY

S1'AfE

OF OWA.

CI{IMINAL

NO. AGCRO

261]

WRITTE1

'\

ARRAIGNMENT.

PLEAOFNOTGLJII- I 'Y

Vs.

.TOIIN

AVIDZEI,I ,MER

Defendar.rt

Datc frial Information

iled: l0/01/2014

COMIIS

NOW thc Defendant

n the above-captioned

riminalcaseandunderoath

states:

1. am

represcnted-vAttomey

CharlesA. Schulte,

whoscaddress nd

phone

numberare

421Main St. .

PO Box 392.SacCity.

A. 50583;(712) 62-4715.

2, My currentnrailing

and csidence ddress

nd

pl.rone

umber

are 1002SimmsAve.,

Counci lBluf fs, A 51503.My phone umbers:402-690-5818. y date f bir th s 09-

23-1986.

I

can

cadand understand

he English

anguagc ndhavecompleted

hc

following evelofeducation:

2 Years.

4. I havebeer.r

dvisedby

my attorneyand understand

hal I have a

right to arraignment

in openCourl.

and voluntarily

vaive hat ight.choosing

nstead o sign

his Written

Arraignment

ndPleaof

Not Guilty. I understand

hat imes

br furthcr

proceedings

which

arecomputed

rom the dateof arraignmcnt

ill be computed

iom the dateof

filing this

Writtcr.r rraignment

ndPleaof Not

Guilty.

5. I have eceived copy of the Trial Inlormationwhich chargesme with the crimeof

COUNT

I: OPERATING

A

MOTOR VEHICLE

WHILE LICENSE

IS BARRED

UNDER

SECTION

321.560AS

A HABITUAL

OFFENDER

in violation of Iowa

Code

Sect ion 21.56

nd 321.561.

6.

With regard

o thc nameby

n'hich am charged

n the Trial

Information

either

heck

a

or chcckandcomplete

b ):

DG.

fn

nanreon

the'l'rial nformation

s my true

name. I havebeen

advised

andunJerstand

hat

am nou

precluded

iom

objecting o the

Trial Inlbrmation

upon he

ground

hat

I am ilr.rproperly

amed.

(

)b.

The

nameshown

on the Trial

lnformation

s not my true

namc My true

name

s. I request

hal an

entrybe made

n the minutes

howing

ny rue name.

I havc

been

advised

ndunderstand

urther

proceedings

'ill

be

hadagainstme

b.v hatname.

thc Trial

Information

will be amended

ccordingly.

nd

when he

Trial lnlbrmation

s scr

amended.

will be

precluded rom objecting

pon

hc

grounds am lnproperly

amed.

7. I have

been

advised nd

understand

hat ma1

leadguilty.not

guilt.v r former

conviction

r acquittal.



20/30

8. For

he

purpose

f this

arraignment. have

had sulllcient ime

to discussmy case

vith

my attorney.

nd

waive

any

urrher ime

n which o entera

plea.

9. I

plead

NOT

GUILTY

to the chargcsn

paragraph above.

10. I havebeen

advised nd

undcrstandhal

I havea right under

RLrle .33(2Xb) l-the

Iotvu

Rttles JCrintinul

Protctlure o a

trial

rvithin

ninel1' a1's/onc

car

alier he

iling of

thc Trial lnfbrmalion

and

chcck

cither

a

or

b

):

${

a.

I

demand

peedl rial

pursuant

o

Rule2.33(2)(b) nd

c) .

(

)

h.

I r . iaivcml

r ight o a spcedy

-r ial

ursuant

o Rule

2.33(2)

b)

and

c).

ll. I requesthat

a trial date

be set

pursuant

o

Rule8.1 ofthe

lowa Rules f

(;riminal

Procedure.

My attorncyand

ivill bc available

or trial on the

ollou'ingdals:

An,vL.';

i'.,

-

(t t

'l

ime.

Defendant

Original

to be filed

u ith Clerk of Court

Copl'

provided to:

County

Attorney'



21/30

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.JOHN DAVID ZELLMER ,

Defendant.

Case No: 02811 AGCR012643

RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on October 21, 2014.The defendant DEMANDS the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 12/03/2014 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 12/09/2014 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



22/30

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



23/30


Case Number Case TitleAGCR012643 STATE VS JOHN DAVID ZELLMERType: ORDER SETTING TRIAL

So Ordered


3 of 3



24/30

THF] 'IAIE

OI IOWA.

Plaintifl.

JOFINDAVID

ZELLMDR

IN THL, OWA

DISTzuCT ]OL]RT

ORSACCOLINTY

NO.AGCR0l2643

WAIVER

OF-RIGHT

TO

SPEEDY

RIAL

Defendant.

Comes

now the del'endant.

ohnDavid

Zellmer.andstates

s bllows:

l. He realizes

hathe

hasa right bl virtueof

thc Constitution

fthe United

Stateso

a

speedy

rial:

2. He realizcs e hasa right to a speedyrial by vitue o1 owa Ruleof Criminal

Procedure

.33

2)(b)

u'hich states:

lf

a dclendant

ndicted or a

public

offense

asnot

waivedhis or

he r

right o a speedy

rial. he or

shemustbe broughl

o trial

within ninet.v

da-vs lter

ndictmcnt s tbund

or the court

mustorder he

r.rdictment

to be dismissed

nless

ood

cause

o the contrary

e shorvn.

FIe s alsoan'are

f the

fact hat his rule

s applicable

o a County

Attorney's

nformation

ar.rdhat

thc ninety da)

period runs fior.n he filing

date hereof.

3. He furthcr ealizeshathe hasa right 1oa speedyrial under owa Ruleof Criminal

Procedurc

33(2Xb)

vhichstates:

''All

criminal

cases

mustbe brought

o trial

u'ithin one

ear

after

hc defendat's

initial arraignr.r.rcnt

llrsuant o ru le 2.8 unless

n extension

s

granted

y the

courl,upona

shorving

f

good

cause.

3. He

hasbeen ulll'advised

ofhis

rights o a speedy

rial and

he ramifications

hereof

y

his attorney.

ncluding

hc fact hat

he memory

of witnesses

ade

with

the

passage

f

timel

hat

vitnesses ay

disappear r become

navailable;

hatdelay

mal impair

hc

efI'ectivenessf his defense:hat he community ay vieu'him with suspicion uring hc

pendency fthe action

herebyafl'ecting

is occupational

nd

socialendeavors:

hat

he

rvill havc o endure

rolonged nxictyandconccrn

nd

hathc is or can

be subjected

o

incarceration

cnding rial. and aking

nto account

ll ofthese

actorsandconsiderations,

he deems

t to be

n his best nterest

o waive

his spcedy rial

rightsat this

imc andhe

does herefore

elcby

rvaive hc same oth

as o IRCP

2.33(a) nd

RCP 2.33(b)

anddoes

consent

hat he

rial may be

postponcd

ntil such

dates s

t may be scheduled

br trial

by

the

court. The

def'cndanteserves

he right o

subsequentl.v

ithdraw his

waiverupon

writtennotice hereof

o the court

and he State f

Iou'a.

E-FILED 2014 DEC 03 11:19 AM SAC - CLERK OF DISTRICT COURT


25/30

Signed

his

3

dayor

D.lA-

,20

I

{ ,

Copy

o: Countl'

AttorneY

Attorne)

tbr thc defendant



26/30


STATE OF IOWA,

Plaintiff,

v.

JOHN DAVID ZELLMER,

Defendant.

Case No. AGCR012643

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On December 3, 2014, 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 Defendant has

agreed to plead guilty to the citations filed in CSSTA0021425 and

SMCR012644, and the State has agreed to dismiss Count 1 of the Trial

information, without prejudice, and with costs to Defendant.

__________________________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 DEC 04 2:46 PM SAC - CLERK OF DISTRICT COURT


27/30


STATE OF IOWA,

Plaintiff,vs.


Defendant.

02811 AGCR012643

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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 12/17/2014 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If a sentencing hearing in open court is required the Defendant shall so state in the written plea.Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

1 of 2



28/30


Case Number Case TitleAGCR012643 STATE VS JOHN DAVID ZELLMERType: OTHER ORDER

So Ordered


2 of 2



29/30

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.

JOHN DAVID ZELLER,

D!f!n"ant.

Cas! N#. A$CR%&'()*

ORDER

NOW, #n t+is &t+

"a- #f D!!/0!1, '%&), t+! #21t is in 1!!i3t #f t+! Stat!4s

#1al #ti#n t# Dis/iss t+is as!. T+! #ti#n stat!s 5##" a2s! an" s+#2l" 0! 51ant!".IT IS THEREFORE ORDERED t+at t+! Stat!4s #ti#n t# Dis/iss is 51ant!".

T+is as! is "is/iss!" an" #sts a1! ta6!" t# t+! D!f!n"ant.

Cl!17 t# f21nis+ #3i!s t#8Sa C#2nt- Att#1n!-D!f!ns! C#2ns!l



30/30


Type: OTHER ORDER



So Ordered



Documents

AGCR012643 - Case Against Council Bluffs Man Accused of Driving While Barred is Dismissed