Order Setting Plea Hearing - State v Elizabeth Ann Aschinger - Fecr012305

7/29/2019 Order Setting Plea Hearing - State v Elizabeth Ann Aschinger - Fecr012305

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E-FILED 2013 MAY 08 10:54 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

ELIZABETH ASCHINGERDefendant

Case No. 02811 FECR012305

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:CONSIPIRACY TO COMMIT EXTORTIONin violation of Section(s) 711.4(3) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on05/10/2013 at 09:30 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 2013 MAY 08 1:54 PM SAC - CLERK OF DISTRICT COURT


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Case ID : 02811 FECR012305 - STATE VS ELIZABETH ANN

ASCHINGER

Event Cd : SUMM

ELIZABETH ASCHINGER filed

E-FILED 2013 MAY 08 1:54 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

Plaintiff,

Case No. FECR012305

v.

ELIZABETH ASCHINGER, NOTICE OF APPEARANCE

Defendant.

COMES NOW, Attorney Robert E. Peterson and hereby enters his appearance in the above

captioned matter, on behalf of the Defendant, Elizabeth Aschinger.

Respectively Submitted,

_____/s/ Robert Peterson______

Robert E. Peterson AT0009773

Robert E. Peterson, Attorney at Law

108 West 8th

St.PO Box 1144

Carroll, IA 51401

Telephone: 712-792-4485Facsimile: 712-792-4124

Email: [email protected]

ATTORNEY FOR DEFENDANT

Copy to: ____________, County Attorney

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing instrument wasserved upon all parties to the above cause to each of theattorneys of record herein at their respective addressesdisclosed on the pleadings on __________

[ ] U.S. Mail [ ] Hand Delivery[ ] Federal Express [ ] Fax[ ] Certified Mail [ ] Other: __________________

Signed: ___________________________________



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

Plaintiff,

vs.

ELIZABETH ASCHINGER ,Defendant.

Defendant's Correct Address:

Case No: 02811 FECR012305

INITIAL APPEARANCE

Charges:01 - 711.4 - EXTORTION - 1978 (FELD)

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 $750 to 7500 fine

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:The Defendant is to have no contact with Randy Aschinger or Sandy Aschinger either in

person,telephonically, or electronically until further order of this court.

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 AND

FINGERPRINTED.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 TitleFECR012305 STATE VS ELIZABETH ANN ASCHINGER

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-05-10 09:41:34

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STATE OF IOWA,

PLAINTIFF,VS.ELIZABETH ASCHINGER ,

DEFENDANT.

02811 FECR012305

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 is not eligible for court-appointed counsel. Application denied.

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Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

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, Elizabeth

Ann Aschinger (defendant) of the crime ofEXTORTION, a Class D Felony in violation

of Iowa Code Section 711.4 committed as follows: On or around March 21, 2013, the

defendant threatened Randy Aschinger, a Sac County, Iowa resident, telling Randy

Aschinger defendant would disclose personal information concerning Randy Aschinger,

which would expose Randy Aschinger to hatred, contempt, and / or ridicule if disclosed

to another, unless Randy Aschinger paid defendant $3,000.00. The defendant intended

to communicate these threat towards Randy Aschinger, Randy Aschinger received these

threats while physically present in Sac County, Iowa, and the threat was made for the

purpose of obtaining something of value for the defendant or other person. IOWA CODE

711.4, 703.1 (2013)

COUNT 2


and in the name and by the authority of the State of Iowa, accuses defendant, ElizabethAnn Aschinger (defendant) of the crime ofTHEFT IN THE SECOND DEGREE, a Class

D Felony in violation of Iowa Code Section 714.1(1) and Section 714.2(2) committed as

follows: On or around March 21, 2013, defendant took control of approximately

$3,000.00 in the possession of / belonging to Randy Aschinger. The defendant did so

with the intent to deprive Randy Aschinger of the approximate $3,000.00. The

approximate $3,000.00 was in Sac County and belonged to and / or was in the

possession of Randy Aschinger at the time defendant exercised control over it. IOWA

CODE 714.1(1), 703.1 (2013)

COUNT 3



Ann Aschinger (defendant) of the crime ofEXTORTION, a Class D Felony in violation

of Iowa Code Section 711.4 committed as follows: On or around March 25, 2013, the

defendant threatened Randy Aschinger, a Sac County, Iowa resident, telling Randy

Aschinger defendant would disclose personal information concerning Randy Aschinger,

which would expose Randy Aschinger to hatred, contempt, and / or ridicule if disclosed

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012305

Plaintiff,

vs. TRIAL INFORMATION

ELIZABETH ANN ASCHINGER,DOB: 08/16/1989

Defendant.


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to another, unless Randy Aschinger paid defendant $5,000.00. The defendant intended

to communicate these threats towards Randy Aschinger, Randy Aschinger received

these threats while physically present in Sac County, Iowa, and the threats were made

for the purpose of obtaining something of value for the defendant or other person. IOWA

CODE 711.4, 703.1 (2013)

COUNT 4



Ann Aschinger (defendant) of the crime of CONSPIRACY TO COMMIT EXTORTION /

NON-FORCIBLE FELONY, a Class D Felony in violation of Iowa Code Section 706.1

and Section 706.3 committed as follows: On or about March 25, 2013, defendant agreed

with Andrew Menken and / or Jason Heffelmeier that one or more of them would commit

extortion and / or theft, or solicit another to commit extortion and / or theft, or attempt to

commit extortion and / or theft, and the defendant entered into the agreement with the

intent to promote or facilitate extortion and / or theft, and the defendant, or Andrew

Menken and / or Jason Heffelmeier committed an overt act, which was done in SacCounty and / or began in another county and continued through and / or ended in Sac

County. Neither the defendant, Andrew Menken, nor Jason Heffelmeier were law

enforcement agents investigating the aforementioned offenses or assisting law

enforcement agents in the investigation when the conspiracy began. IOWA CODE

706.1, 706.3 (2013)

COUNT 5



Ann Aschinger (defendant) of the crime ofEXTORTION, a Class D Felony in violationof Iowa Code Section 711.4 committed as follows: On or about between April 8, 2013,

and April 13, 2013, the defendant, either directly or in the course of knowingly aiding and

abetting Andrew Menken and / or Jason Heffelmeier, threatened Randy Aschinger, a

Sac County, Iowa resident, telling Randy Aschinger defendant would disclose personal

information concerning Randy Aschinger, which would expose Randy Aschinger to

hatred, contempt, and / or ridicule if disclosed to another, unless Randy Aschinger paid

defendant $55,555.00. The defendant intended to communicate these threats towards

Randy Aschinger and Randy Aschinger received these threats while physically present

in Sac County, Iowa. The threats were made for the purpose of obtaining something of

value for the defendant or other person. IOWA CODE 711.4, 703.1 (2013)

COUNT 6



Ann Aschinger (defendant) of the crime ofTHEFT IN THE SECOND DEGREE, a Class

D Felony in violation of Iowa Code Section 714.1(1) and Section 714.2(2) committed as

follows: On or about April 13, 2013, the defendant, either directly or in the course of


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knowingly aiding and abetting Andrew Menken and / or Jason Heffelmeier, took control

of approximately $3,000.00 in the possession of / belonging to Randy Aschinger. The

defendant did so with the intent to deprive Randy Aschinger of the approximate

$3,000.00. The approximate $3,000.00 was in Sac County and belonged to and / or was

in the possession of Randy Aschinger at the time defendant exercised control over it.

IOWA CODE 714.1(1), 703.1 (2013)

COUNT 7



Ann Aschinger (defendant) of the crime of PREVENTING APPREHENSION OR

OBSTRUCTING PROSECUTION OR DEFENSE, a Aggravated Misdemeanor in

violation of Iowa Code Section 719.3 committed as follows: On or about April 8, 2013,

the defendant destroyed evidence which would have been evidence in the trials on

Counts 4 through 6 herein) and the Counts charged in State v. Heffelmeier, Sac County

Case No. FECR012303 and State v. Menken, Sac County Case No. FECR012301;

specifically, defendant deleted text messages from Randy Aschingers phone, thesubstantive content of which, coupled with information later learned by law enforcement,

incriminated defendant, Andrew Menken, and / or Jason Heffelmeier. The defendants

act was done with the specific intent to prevent the apprehension and / or obstruct the

prosecution of defendant, Andrew Menken, and / or Jason Heffelmeier. IOWA CODE

719.3 (2013)

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

FECR012305 STATE VS ELIZABETH ANN ASCHINGER

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 2013-06-19 09:41:03 page 4 of 4

E-FILED 2013 JUN 19 9:40 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012305

Plaintiff,

vs.

ELIZABETH ANN ASCHINGER,Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

KEN MCCLURE, SAC COUNTY SHERIFF, Sac County Sheriff's Department

BRIAN ERRITT, DEPUTY, Sac County Sheriff's Department

ELIJAH HANSEN, OFFICER, Ames Police Department

RANDY ASCHINGER, SELF EMPLOYED

ANDREW CHRISTIAN MENKEN, OCCUPATION UNKNOWN

JASON DALLAS HEFFELMEIER, OCCUPATION UNKNOWN

VERIZON WIRELESS, CUSTODIAN OF RECORDS

US CELLUALR, CUSTODIAN OF RECORDS

AT&T MOBILE, CUSTODIAN OF RECORDS

E-FILED 2013 JUN 18 4:36 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.


CRIMINAL NO. FECR012305

ORDER SET ARRAIGNMENT

AND APPROVE BOND

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

IT IS ORDERED, the Defendant shall personally appear forArraignment at theSac County Courthouse, District Courtroom, Sac City, Iowa on the 2nd day ofJuly 2013at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom custody 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 No Contact Orders previously issued in this matter shall remain

in full force and effect.

The Defendant shall be on pre-trial supervision to the Second JudicialDistrict Department of Correctional Services.Other:

E-FILED 2013 JUN 19 9:40 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWA,Plaintiff,v.


Criminal No. FE CR012305

WRITTEN ARRAIGNMENTAND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oathstates:

1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108West 8 th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are:007 N. Main St,Carroll, IA 51401 712-790-0335233. I am 446 years old. I can read and understand the English language and have completed the

following level of education: 13.4. 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 thiswritten arraignment and plea of not guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filing thiswritten arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) ofExtortion in violation of Iowa Code section(s)11.4, 703.1 (2013); Theft in the Second

Degree in violation of Iowa Code section(s) 714.1(1), 703.1 (2013); Conspiracy to CommitExtortion in violation of Iowa Code section(s) 706.1, 706.3 (2013); Preventing Apprehension orObstructing Prosecution or Defense in violation of Iowa Code section(s) 719.3 (2013). I have readit, and I have familiarized myself with its contents.

6. With regard to the name by which I am charged in the indictment/trial information (either check"a" or check and complete "b"):[)(1 a. The name shown on the indictment/trial information is my true name. I have beenadvised and understand that I am now precluded from objecting to the indictment/trialinformation upon the ground I am improperly named.



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[ ] b. The name shown on the indictment/trial information is not my true name. My true nameisI request that an entry be made in the minutesshowing my true name. I have been advised and understand further proceedings will be hadagainst me by that name, the indictment/trial information will be amended accordingly, andwhen the indictment/trial information is so amended I will be precluded from objecting upon theground I am improperly named.

7. I have been advised and understand that I may plead guilty, not guilty, or former conviction oracquittal.

8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the abovenamed attorney, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge(s) of Extortion, Theft in the Second Degree, Conspiracy toCommit Extortion, Preventing Apprehension or Obstructing Prosecution or Defense

10 . I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90days 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).[X 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 beavailable for trial on the following days:

4 0.1Akt)t-z .

d

State of Iowa Carroll County, ss.Subscribed, sworn to, and acknowledged before me by Elizabeth Aschinger this__Z)ayof , 20 1 3 . Notary publicublic or other officer authorized to take andcertify acknowledgements and administer oaths.

[seal ROBERT E. PETERSONCommission Number 758404MY COMM:SS104.4PIRE.5.MAY 21,3E-FILED 2013 JUN 20 5:34 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA

Plaintiff,

vs.

ELIZABETH ANN ASCHINGER,

Defendant.

Criminal Number FECR012305

NOTICE OF DEPOSITION

The defendant, in the above captioned case, through the undersigned counsel, provides

notice that he intends to depose, according to Iowa Rule of Criminal Procedure 2.13, the

following individuals listed in the Trial Information filed on June 19, 2013:

Sheriff Ken McClure

Deputy Brian ErrittOfficer Elijah Hansen

Randy Aschinger

Andrew MenkenJason Heffelmeier

Custodian of Records, Verizon Wireless

Custodian of Records, US Cellular

Custodian of Records, AT&T Mobile

__/s/ Robert Peterson_______

Robert E. Peterson, AT0009773

Robert E. Peterson, Attorney at Law

108 W 8th

St., PO Box 1144Carroll, IA 51401

712-792-4485

Fax: [email protected]



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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.ELIZABETH ASCHINGER ,

DEFENDANT.

Case No. 02811 FECR012305

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onJune 20, 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 E. Peterson.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on August 28, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on August 13,2013, at 9:00 a.m.

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 depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONELIZABETH ASCHINGERDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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3 f tC C O U N T S (hcty j jLSr ; (3ob VZMfSOn 6arJGjOJtx TO rr\ourch

Rule 2.32-Form 1: Financial Affidavit and Application for Appointmen t of CounselIn the IowaDistrict Court for County

State of Iowa or

vs.Plaintiff/Petitioner,

Defendant/Respondent.

No.Financial Affidavit and Application for3Appointment of Counsel 33. IE

o~>= 0 0S e x -

-


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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, ))

Plaintiff, ) No. FECR012305

)vs. ) Order)

ELIZABETH ASCHINGER, ))

Defendant. )

The Defendant has made application for court-appointed counsel.

The Defendant is indigent and entitled to counsel.

IT IS THEREFORE ORDERED that Robert Peterson is appointed

to represent the Defendant at public expense.

IT IS FURTHER ORDERED that Robert Petersons appointment

shall take effect as of March, 2013.

Clerk to forward copies to:County AttorneyRobert Peterson

Court Administration

E-FILED 2013 JUL 11 10:12 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered


E-FILED 2013 JUL 11 10:12 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

ELIZABETH ANN ASCHINGER,

Defendant.

Case No. FECR012305

ORDER SETTING PLEA HEARING

This case came before the Court on the parties request for an order setting the

matter for a plea hearing. The Court, after reviewing the record and being advised in the

premises FINDS and ORDERS a plea hearing in this matter shall be and is scheduled

for September 24, 2013, at 2:00 p.m., in the courtroom at the Sac County Courthouse,

Sac City, Iowa 50583.

IT IS FURTHER ORDERED if the defendant fails to personally appear before this

Court at the above-scheduled date and time, a bench warrant may issue for defendants

arrest.

E-FILED 2013 SEP 05 11:09 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered


E-FILED 2013 SEP 05 11:09 AM SAC - CLERK OF DISTRICT COURT

Documents

Order Setting Plea Hearing - State v Elizabeth Ann Aschinger - Fecr012305