Arraignment in the Matter of State vs Matthew Allen Summers Rescheduled

7/30/2019 Arraignment in the Matter of State vs Matthew Allen Summers Rescheduled

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E-FILED 2013 JUL 04 10:30 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWASTATE OF IOWA

Plaintiff

vs

MATTHEW A SUMMERSDefendant

Case No. 02811 FECR012351

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:THEFT 2ND DEGREEin violation of Section(s) 714.2 of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on07/12/2013 at 9:30 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 ascontempt 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.



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Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).



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Case ID : 02811 FECR012351 - STATE VS MATTHEW ALLEN

SUMMERS

Event Cd : SUMM

MATTHEW A SUMMERS filed



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWASTATE OF IOWA,

Plaintiff,

vs.

MATTHEW A SUMMERS ,

Defendant.Defendant's Correct Address:

Case No: 02811 FECR012351

INITIAL APPEARANCE

Charges:Theft 2

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class D

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

5 Years Prison

And/Or $7500

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on at : AM at the .

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.

Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleFECR012351 STATE VS MATTHEW ALLEN SUMMERS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-12 09:22:53

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

MATTHEW ALLEN SUMMERS,

DOB: 04/15/1978

Defendant.

Case No. FECR012351

TRIAL INFORMATION

COUNT 1

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac CountyIowa and in the name and by the authority of the State of Iowa, accuses defendant,

Matthew Allen Summers (defendant) of the crime of FORGERY, a Class D

Felony in violation of Iowa Code section 715A.6, committed as follows: On or about

June 20, 2013, the defendant used a credit card belonging Carol Lane for the

purpose of obtaining property and / or services, which, in the aggregate, are valued

at over $1,000.00, but not more than $10,000.00, and the defendant knew he was

not authorized to use the credit card.

COUNT 2

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,

Matthew Allen Summers (defendant) of the crime of IDENTITY THEFT, a Class D

Felony in violation of Iowa Code section 715A.8, committed as follows: On or about

June 20, 2013, in Sac County, Iowa, the defendant fraudulently used another

persons identification information, and the defendant intended to use this

information to obtain credit, property and / or services, which, in the aggregate, is

valued at over $1,000.00, but not more than $10,000.00, and the defendant knew he

was not authorized to use the credit card.


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A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

FECR012351 STATE VS MATTHEW ALLEN SUMMERS

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-08-08 09:50:58 page 3 of 3

E-FILED 2013 AUG 08 9:50 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

MATTHEW ALLEN SUMMERS,Defendant.

CRIMINAL NO. FECR012351

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 27th day ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWA,

Plaintiff,

v.

MATTHEW ALLEN SUMMERS,

Defendant.

Case No. FECR012351

ORDER RESCHEDULING

ARRAIGNMENT

It Is Ordered that the defendant's arraignment is rescheduled to September 10,

2013, commencing at 9:00 a.m. in the courtroom of the Sac County Courthouse, Sac

City, Iowa. If the defendant fails to appear for this hearing a warrant will be issued for

his arrest.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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Arraignment in the Matter of State vs Matthew Allen Summers Rescheduled