This document is an application by the Sac County Attorney to revoke the probation of defendant Cody Dupree. It states that Dupree was convicted of burglary in May 2013 and placed on probation. However, he was recently arrested for first degree burglary, violating the terms of his probation. It requests an arrest warrant be issued for Dupree as well as a hearing to revoke his probation. The court issues an order finding probable cause that Dupree violated his probation terms. It orders his arrest and schedules a hearing on the probation revocation application.
Original Description:
Original Title
Motion for Indefinite Continuance While Deal is Work Out Sustained in the Matter of State vs Cody Anthony Dupre
This document is an application by the Sac County Attorney to revoke the probation of defendant Cody Dupree. It states that Dupree was convicted of burglary in May 2013 and placed on probation. However, he was recently arrested for first degree burglary, violating the terms of his probation. It requests an arrest warrant be issued for Dupree as well as a hearing to revoke his probation. The court issues an order finding probable cause that Dupree violated his probation terms. It orders his arrest and schedules a hearing on the probation revocation application.
This document is an application by the Sac County Attorney to revoke the probation of defendant Cody Dupree. It states that Dupree was convicted of burglary in May 2013 and placed on probation. However, he was recently arrested for first degree burglary, violating the terms of his probation. It requests an arrest warrant be issued for Dupree as well as a hearing to revoke his probation. The court issues an order finding probable cause that Dupree violated his probation terms. It orders his arrest and schedules a hearing on the probation revocation application.
E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CODY DUPREE, Defendant. Case No. FECR012240
APPLICATION FOR ARREST WARRANT AND TO SET HEARING TO REVOKE DEFENDANTS PROBATION COMES NOW, the State of Iowa, through Ben Smith, Sac County Attorney, and in support of his Application to Revoke Defendants Probation states the following: 1. On May 7, 2013, defendant plead guilty to the charge of Burglary in the Third Degree, in violation of Iowa Code 713.1 and 713.6A, a Class D felony. On May 27, 2013, the Court ordered defendant be committed to the custody of the Iowa DOC for a term not to exceed five 5 years, but suspended said sentence and placed defendant on probation for a period of 3 years. 2. On June 26, 2013, defendant was arrested in Sac County, Iowa, for first degree burglary, a Class B felony, the criminal complaint for said charge is attached hereto as Exhibit 1 and is incorporated herein by reference as though fully set forth herein. 3. The terms and conditions of defendants probation agreement required that he not have any further violations of the law and report any arrest within 24 hours with the Iowa DOC, the terms and conditions of defendants probation agreement with the Iowa DOC, a copy of which is attached hereto as Exhibit 2 and is incorporated by reference as though fully set forth herein. 4. By the very nature of defendants new charges, defendant has violated the terms and conditions of his probation. 5. Additionally, law enforcement informed the undersigned that less than 2 days after being bonded out of jail following his June 26, 2013, first degree burglary arrest, defendant threatened to kill a Wall Lake, Iowa, resident. (See Exhibit 3) WHEREFORE, the undersigned respectfully requests that the Court immediately issue an arrest warrant for defendant for violating the terms and conditions of his probation. The undersigned further requests that following a hearing, the Court revoke defendants probation and commit defendant to the Iowa DOC for incarceration for a term not to exceed 5 years. /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT 2 E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT 2 E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT 3 E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CODY DUPREE, Defendant. Case No. FECR012240
ORDER ISSUING ARREST WARRANT AND SETTING HEARING TO REVOKE DEFENDANTS PROBATION This matter came before the Court on the States application for an arrest warrant and to set a hearing on the States application to revoke defendants probation. The Court, upon reviewing the record and being advised in the premises, FINDS that on the face of the States aforementioned application and the attachments thereto, there exists probable cause to believe defendant violated the terms and conditions of his probation in Sac County Case No. FECR012240 (class D felony conviction), as well violating any usual terms and conditions normally associated with pretrial release for a class B felony charge such as defendants June 26, 2013, first degree burglary charge (Sac County Case No. FECR012340). IT IS THEREFORE ORDERED that the Clerk of Court shall immediately issue a warrant for defendants arrest. IT IS FURTHER ORDERED that a hearing on the merits of the States Application to Revoke Defendants probation in FECR012240 shall be and is set for 11:00 a.m., August 13, 2013, at 11:00 a.m. at the Sac County Courthouse, Sac City, Iowa.
Bond set at $10000.00 cash or surety.
E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012240 STATE VS CODY ANTHONY DUPRE So Ordered Electronically signed on 2013-07-03 16:19:31 page 2 of 2 E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CODY DUPREE, Defendant. Case No. FECR012240
ORDER ISSUING ARREST WARRANT AND SETTING HEARING TO REVOKE DEFENDANTS PROBATION This matter came before the Court on the States application for an arrest warrant and to set a hearing on the States application to revoke defendants probation. The Court, upon reviewing the record and being advised in the premises, FINDS that on the face of the States aforementioned application and the attachments thereto, there exists probable cause to believe defendant violated the terms and conditions of his probation in Sac County Case No. FECR012240 (class D felony conviction), as well violating any usual terms and conditions normally associated with pretrial release for a class B felony charge such as defendants June 26, 2013, first degree burglary charge (Sac County Case No. FECR012340). IT IS THEREFORE ORDERED that the Clerk of Court shall immediately issue a warrant for defendants arrest. IT IS FURTHER ORDERED that a hearing on the merits of the States Application to Revoke Defendants probation in FECR012240 shall be and is set for 11:00 a.m., August 13, 2013, at 11:00 a.m. at the Sac County Courthouse, Sac City, Iowa.
Bond set at $10000.00 cash or surety.
E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012240 STATE VS CODY ANTHONY DUPRE So Ordered Electronically signed on 2013-07-03 16:19:31 page 2 of 2 E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR Sac 0,STR {CI COURT OF | G WA SACCOUNTY FILED 2013JUL-5 PH2.-23 . COUNTY STATE OF IOWA or vs. Plaintifi/Petitioner, J. , r) COP/ Pupr^ Defendant/Respondent. Y Criminal Civil No. FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Birth Date: f ' J . Name: Home Phone: Street Address: Cell Phone: mail: Street/P.O. Box Apt# City Pending charges: State Zip InJail?MYes No Do you have a job? No Job ^ Y e s , Full Time Yes, Part Time (List Hours/week: ) Who do you work for? U f S Q f ) ^ S P p i ^ & J ^ How much money do you currently make before taxes or deductions? / / per ^Thour month year How much money have you made in the last 12 months from any source, before taxes or deductions? M o How many family members are supported by or live with you? ifflpf-i *0*~. If a spouse lives with you, how much money does your spouse make? ( [/ per hour month year. List all other money you, or anyone else living in your household, has coming in: \ List what you own including else worth more than $100 ing money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything 0: C/)/TU> & * r , SA'i f^tL List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me. Date i "' " ' / Signature Rev. 1/6/12 CONTINENTAL HERITAGE Insurance Company Continental Heritage Insurance Company 6140 Parkland Blvd., Ste 321 Cleveland, OH 44124 440.229.3420 FAX 440.229.3421 Mark W. Holtan A 1 Bail Bonds PO Box 12 Thor, IA 50591 Office 515-378-3286 Fax 515-576-3276 (PLACE BAIL AGENT'S ADDRESS STAMP HERE) IN THE s County District o Zn _cejpRT COUNTY, STATE OF_ lowa THE STATE OF lowa Plaintiff VS . } No. t-s t/>a ^ i & > - CO -<-r> 7> Defendant That we Know All Men By These Presents: l y ^ ^ O ^ - - ^ ^ ^ as Principal, and Continental Heritage Insurance Company as Surety (Identified by attached Power of Attorney No. are held and firmly bound unto the in the sum off / 3o-X_. County District C o u r t , C i t y , County , o r S t a t e i O. o o o Dollars ($_ for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally. /~\ \ T"^ ^ The condition of this obligation is such that if the said >(bc^- L i ^ ^ - ^ Principal, shall appear at the next regular or special term of the_ County District Name Court 7 ^ . j g to answer a charge of and shall appear from day to day and term to term of said court and not depart the jurisdiction ofthe Court without leave then this obligation shall be void, otherwise it shall remain in full force and effect. Signed and Sealed this Taken before and approved by me: Day of Name Title \<Y. . ; ^ Principal 7 CORPORATE.^: ; ; \ o; 111 ~~ if! CONTINENTAL HERITAGE INSURANCE COMPANY SEAL rjfiio THIS BOND IS VOID IF WRITTEN FOR AN AMOUNT GREATER THAN THE POWER OF ATTORNEY ATTACHED HERETO, IF MORE THAN ONE SUCH POWER IS ATTACHED, OR IF WRITTEN AFTER THE EXPIRATION DATE SPECIFIED ON THE ATTACHED POWER OF ATTORNEY. Attorney-invact Mark W. Holtan,~A 1 Bail Bonds Agency Name PO Box 12 Address Thor, IA 50591 City, State, Zip Code CH 013 (10 05) \ Continental Heritage Insurance Co. ^ : ' ? "i v ~^;61g"teklandBlwi./Ste 32l' ' : .Mayfielc! Ills., OH-14124 S t r.:'.':'. (440l.229-.M20 "(>) iS')-b(.V) ,' POWER OF ATTORNEY ' P OWER NO- POWER AMOUNT WC30-01035575 30,000.00 I f V V ^ , T ' ^ V C ra "" 2 'Insurance Company, a co^ration duly orgai 2 ed>nd existing under'the laws of d,e State of Florida and by the W ^ ^ d b y ^ e ^ p ^ e nt s d o e ^ ^ ' f ' n 1 1 A u t h p n t y of such Attorney , , is limhed ,o appearance bonds and cannot be construed to (! uaran,e defendant's future wful conduct.adherence to travel bjmtauons, fines, resumtion^payments or penalties, or any other condition imposed byVcdujt not ipecacally-related to^ouh appearance This Power-of Attorneys for use wkh BaUBonds only. No, .valid if.used in connection wi * Federal or Immiorauon Bonds. TOs'power is void'if altered or erased, void if used vvith other m ; ~ r a b l n a : , ' I , " ; "' i ' ! 1 l >^ J rom any other surety company/and void .fused to furnish bail in eicess of the stated face amount of this power, and cat, only be The obligation of the companv'shall riot exceed the sum of: T H I R T Y T HO U S A N D D O L L A R S . .. - and^ ided^ ns Power of A, , ^, ey is with i i i bond and retained as a part of the court recordv 7*e said Attorney-in-Fac, ts hereby authorized to insert i nf e Power^Attorney ihe ! name ofthe person on whosc.behalf this bond was fflven:fc>T,y--.'.; :r-j:.F:i, . i"7-V, ; ~ T- : - i i : ; - '. :\v--.r;-.. ' IN WITNESS WHEREOF, THE CONT INE - "'ST: ' lto-affixed this '^r DAY corporate seal-to be hercunto-a^ed this Bond Defendant caused these presentsi to .be^igried by its duly authorized of^ : Charges Case No! ^_State . Edward F.Feigl SEAL 2008 <^ CD By David A. Canzone. Chief Financial Officer " If rewrite, original "Attorney-in-Fact BLUE - ORIGINAL FOR COURT : . / / ' //i Mi >^ (SIGNATURE) (PRINT NAME) VOID IF NOT ISSI1FXI BY: 1/15/2014 FOR STATE USE ONLY ..... ' ' NOT VALID IF ISSUED IN FEDERAL COURT PINK - COPY FOR COMPANY YELLOW - COPY FOR AGENT u O ;.u- 06 o: 0- c u WHITE - COPY FOR INDEMNITOR F o r m# CH/ -0/ tfW2; E-FILED 2013 JUL 08 8:42 AM SAC - CLERK OF DISTRICT COURT
1 IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, Plaintiff, FECR012240 vs. ORDER CODY ANTHONY DUPRE, Defendant.
On this date, a hearing was scheduled in regard to the States Application to Revoke the Defendants Probation. Prior to the hearing, counsel advised the Court that the parties were attempting to work out a settlement and requested an indefinite continuance of this hearing. ORDER IT IS ORDERED that the parties request for an indefinite continuance of this hearing is sustained. This matter will not be rescheduled for hearing unless either party files a written request with the Clerk of Court.
CLERK TO MAIL COPIES TO: County Attorney Charles Schulte
E-FILED 2013 AUG 13 10:52 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012240 STATE VS CODY ANTHONY DUPRE So Ordered Electronically signed on 2013-08-13 10:52:29 page 2 of 2 E-FILED 2013 AUG 13 10:52 AM SAC - CLERK OF DISTRICT COURT 2RCR01 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
CODY ANTHONY DUPRE ,
DEFENDANT.
Case No. 02811 FECR012240
O R D E R
It Is Ordered that Mr. Charles Schulte is appointed to represent the defendant in this litigation effective July 5, 2013.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE 1 of 2 E-FILED 2013 AUG 19 10:35 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012240 STATE VS CODY ANTHONY DUPRE Type: OTHER ORDER So Ordered Electronically signed on 2013-08-19 10:34:26 2 of 2 E-FILED 2013 AUG 19 10:35 AM SAC - CLERK OF DISTRICT COURT