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E-FILED 2016 MAY 20 8:04 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR


SAC COUNTY

This Complaint and Affidavit is to be:


Filed with Court Clerk (cc: CA)

Agency Case Number: 2016-5384

Submitted to County Attorney

Arrest Date: 05/20/2016

Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA


VS.

OFFENDER
Last

First

Middle

JOSHUA

ROBERT

ALLEN

Suffix

Address

City

State

3560 E DOUGLAS

DES MOINES

IA

Date of Birth

Gender

Race

Ethnicity

5/8/1995

MALE

BLACK - B

NOT OF HISPANIC ORIGIN - N

Weight

Eye Color

Hair Color

State

Height

IA

Zip Code

BLACK - BLK

OFFENSE
State

County

Local

Code Section

Crime Description

Class

321.561

DRIVING WHILE BARRED

AGMS

Location Type

13 - HIGHWAY/ROAD/ALLEY
Literal Description

M043/FOX AVE AND STATE 175/330TH ST AND STATE 175/MARKET ST AND STATE 39/DES MOINES ST
Address

City

State

HWY M43

ODEBOLT

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

05/20/2016

Upper Date Range

Incident Time or Low Range

Zip Code

51458
Upper Time Range

01:55

STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY

WARRANT REQUESTED

CUSTODY

SUMMONS TO APPEAR

1 - JAILED

(Citation Issued)

NO CONTACT ORDER

RELEASED TO

REQUESTED

PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did

operate a motor vehicle within the state while license has been barred for being an habitual offender under section 321.555 and 321.556 of
the Code of Iowa

AFFIDAVIT

STATE OF IOWA,

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime

On 5/20/16 at approximately 01:24 hours, I Deputy Cudaback, was on routine patrol in odebolt when I observed a Blue 2015 Nissan Rogue IA LIC#
DHK916. With my patrol radar I locked the Nissan's speed at 61 in a 35 mph zone. I initiated my emergency lights and I stopped the Nissan on hwy M43
on the North edge of Odebolt. I identified the driver as Robert Joshua. I ran Joshua through the Sac County Communication center who advised that
Robert Joshua's driver's license was barred for habitual offender.

CUDABACK, TORY
Signature of Complainant or Officer, Officer Name & Number

Printed At

SAC COUNTY SHERIFF'S OFFICE

5/20/2016

8:04 AM

Page 1

of 2

Form #:

2016-5384

81-5

GENERAL PROBABLE CAUSE

E-FILED 2016 MAY 20 8:04 AM SAC - CLERK OF DISTRICT COURT

Defendant Implicated

03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

Sac - 81
STATE OF IOWA,

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

Printed At

Notary Name

KAREN KIME

Commission Number

777584

My Commission Expires

04/21/2019

SAC COUNTY SHERIFF'S OFFICE

05/20/2016

Signature of Verifying Party

Peace Officer

5/20/2016

8:04 AM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

2016-5384

BAIL BONO

SAiC0UUjy
filed

STATE OF IOWA, COUNTY OF

STATE OF IOWA
VS.

Ar^buuii

Before (Judge, Magistrate)

A<oCROI?)IO'

, \p^h uux

Criminal Case No,


Defendant /

BAIL BOND

An indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of
Sguv
tPO___ dav of____CCiCi-A-J20
Q ,
-on the
charging

'OthjLAJ

Jonhju-cx

-with the crime of


(designating it as in the warrant, indictment, or complaint), and such person having been duly admitted to bail in the sum of
DOLLARS:

______________________ ________________ ____

PvfihxTU/- IodAclo*
v

We,

, Defendant, and

Lederman Bonding Company

-, Surety, hereby undertake that the said

, hnJ'iuLtx
----------------------- Defendant, shall appear at the District------------------------------Court of the County of -

Sac.

-------on the

-day of -____7T)cuj

, 20

JlCL , and

answer the said indictment (or charge), and submit to the orders and judgment of said court, and not depart without leave of same,
or if such person fails to perform either of these conditions, that such person will pay to the State of Iowa the sum of

QJkiDh______________________________ ..
(Insert the sum in which the Defendant is admitted to bail).

LEDERMAN BAIL BONDS


712 Sycamore Street
Watorioc, (A 0703
313 233-SS24
800-564-8398
Acknowledged before and accepted by me at
-, in the County of
-,

. in the Township of
-this

20.

(Signature)

(Official title)
Statutory Reference: Official Form 5 (R. Cr. P. 30)

---------------- day of

KNOW ALL MEN BY THESE PRESENTS that Seneca Insurance Company, Inchas constituted and appointed, and does hereby constitute and appoint the named Executing Agent its true and lawful Attomeyin-Fact, with full power and authority to sign the company's name and affix its corporate seal to, and dehver on its behalf as surety, any and all obligations as herein provided, and the execution of such obligations
in pursuance of these presents shall be as binding upon the company as fully and to all intents and purposes as if done by the regularly elected officers of said company at its home office in their own proper
person; and the said company hereby ratifies and confirms all and whatsoever its said Executing Agent may lawfully do and perform in the premises by virtue of these presents.

SIX THOUSAND DOLLARS

The obligation of the company shall not exceed the sum of

The authority of the Executing Agent under this Power of Attorney is limited to appearance bonds only and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitation,
fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of Attorney is for use with Bail Bonds only
and is void if altered, erased, or used with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or Civil Bonds. A separate Power of Attorney must be attached
to each bond executed. STACKING OF POWERS IS STRICTLY PROHIBITED! No more than one power from this Surety may be used to execute any one bond. Powers of Attorney must not be returned
to Executing Agent, but should remain a permanent part of the court records.

IF BOND FORFEITS, attach a copy of this Power of Attorney to the forfeiture notice and mail to SENECA INSURANCE COMPANY, INC.. ATTN: BAIL BOND DEPT., 160 WATER ST., 16TH FL
NEW YORK, NY 10038 and the Executing Agent named below at:

IN WITNESS WHEREOF, Seneca Insurance: Company, Iqc.


Inc. has caused these presents^Jxe
Agent and Attomey-in-Fact, proper for the purpose
isents to be signed by its dul^authorized
dulv authorized Executing
Ext
and its corporate seal to be hereunto affixed this

Bond Amount

o)U>.

ST' ( J_______ day of .

'_________ Premiuni Charged $ .

_______ c.mh
Defendant___

__

Appearance Date.

cux

/W

Time .

. D.O.B.

Case No.___

Court__

___ Sqjl__CjJaa

aty

Charge

m.
. State .

County .

OUJL A
If rewrite,
. Original No..

Charge_________

Amount $

Executing Agent

Executing Agent

Attomey-in-Fact

License No.

___

FOR STATE USE ONLY


NOT VALID Ip'JSED IN FEDERAL COURT

President
MARC T.A. WOLIN

IT IS UNLAWFUL TO PRINT OR REPRODUCE THIS


SENPOA121-0198/ Rev. 4-15

COURT COPY

SEAL
_ ^ ''7,
1978 ,/C!
17*5;
mil

E-FILED 2016 MAY 24 8:37 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 AGCR013101
vs.
ROBERT ALLEN JOSHUA ,
Defendant.
Defendant's Correct Address: 3560 East Douglas
Ave., Des Moines, IA 50317

ORDER ON INITIAL APPEARANCE

Charges:
01 - 321.561 - DRIVING WHILE BARRED
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Aggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greater
than $6,250 except in the case of a conviction for second offense operating while intoxicated which
carries a minimum fine of $1,875 and a maximum of $6,250. In these cases a defendant can
be sentenced to up to two years imprisonment. In the case of a conviction for operating while
intoxicated, second offense, there is a minimum seven day jail sentence, and additionally, the
defendant's driver's license shall be revoked for one year unless the revocation is for test refusal in
which case the mandatory revocation shall be for two years.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
MANDATORY SUBSTANCE ABUSE EVALUATION:
1 of 4

E-FILED 2016 MAY 24 8:37 AM SAC - CLERK OF DISTRICT COURT

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
You will be released from custody prior to trial on your own promise to appear at all further court
proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonably assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all laws of Iowa and the United States.
You must post a Cash or Surety bond in the amount of $2,000.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.

PRELIMINARY HEARING
Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Preliminary Hearing is scheduled on 06/14/2016 at 10:15 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa. in the magistrate courtroom.
2 of 4

E-FILED 2016 MAY 24 8:37 AM SAC - CLERK OF DISTRICT COURT

If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU
MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM
THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED 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
Defendant
Sac County Sheriff
The Court has provided a copy to the Defendant

3 of 4

E-FILED 2016 MAY 24 8:37 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2016-05-24 08:36:57

4 of 4

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US POSTAGE

E-FILED 2016 JUN 07 3:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. AGCR013101

TRIAL INFORMATION

ROBERT ALLEN JOSHUA,


DOB: 05/08/1995,
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, Robert Allen Joshua of
the crime of OPERATING 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, Robert Allen Joshua, on or about May 20, 2016 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 Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2016 JUN 07 3:12 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. ROBERT ALLEN JOSHUA


Criminal No. AGCR013101
COUNT I: Operating a Motor Vehicle While License is Barred Under Section 321.560 as
a Habitual Offender

NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MELISSA SPIEGEL, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA
DEPARTMENT OF TRANSPORTATION

E-FILED 2016 JUN 07 3:12 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
AGCR013101

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A

On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered

Electronically signed on 2016-06-07 15:13:21

page 3 of 3

E-FILED 2016 JUN 07 3:12 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 AGCR013101


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

ROBERT ALLEN JOSHUA ,

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled on 07/06/2016 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 such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause 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 Attorney
Defendant/Defense Attorney

E-FILED 2016 JUN 07 3:12 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
AGCR013101

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
So Ordered

Electronically signed on 2016-06-07 15:13:21

page 2 of 2

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Rule 2.32 - Form 1: Financial Affidavit and Application for Appointment of Counsel

Sftr-

In the Iowa District Court for


State of Iowa or

AfcTJRtmi

No.

Plaintiff/Petitioner,

County

Financial Affidavit and Application for


Appointment of Counsel

vs.

Defendant/Respondent
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:

_______________________________
Cell phone: 57 ^

Home phone:

f.<60

Street address:

CTNojob

Email:

\>rS^\

PeiA

Street/P.O. Box
Pending charges: tV'ivKn^ 'vOifiik
Do you have a job?

Date of birth: OS" Oft

Apt #

Us

J.fV

joS'fb

State

Zip

City

________ . In jail? aVes CrfST

! Yes, full time

Yes, part time (list hours per week: _)

Who do you work for?


How much money do you currently make, before taxes or deductions?

per hour month year

How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you?

2-

If a spouse lives with you, how much money does your spouse make?
List all other
rther money yyou, and anyone^else living in your household, has coming in:
'x'

a0
__ A

per hour month year


<

My A 6 /1X1

List what you own, including money in bantu, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
gb*/n~
OlA-->__________

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, and any other debts:

__ ________________ V/r.r/---------------------- ------------ ----------------------------------------------------------

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

Signature

E-FILED 2016 JUN 14 4:13 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
ROBERT ALLEN JOSHUA ,

02811 AGCR013101
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

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 financial
hardship.

Attorney Charles Schulte, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2016 JUN 14 4:13 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
ORDER APPOINTING
So Ordered

Electronically signed on 2016-06-14 16:13:45

2 of 2

E-FILED 2016 JUL 11 12:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


02811 AGCR013101

STATE OF IOWA,
Plaintiff,
v.

ORDER RESCHEDULING ARRAIGNMENT


ROBERT ALLEN JOSHUA ,
Defendant.

Defendant requests a continuance of the arraignment. The request is granted.


IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 07/20/2016
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment 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 the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear 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 2016 JUL 11 12:04 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2016-07-11 12:04:51

2 of 2

E-FILED 2016 AUG 02 4:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISzuCTCOURTFORSACCOL]NTY


STATEOF IOWA.
Vs.
JA
ALt,EN.IOSHI
ROBE,R'f

A .G C R o I 3 I o l
CRIMINAt,NO

)
WRII-I'EN ARRAIGNMENI'.
)
)
PLEAOF NOT GTJILTY
)
)
DateT'rialInfonlatiotr filed: 0610712016

criminalcaseand underoatll
COMIlS NOW the Defendantin the above-captioned

states:

by Attor"neyCharlesA. Schulte.whoseaddressatrdpholrenumberare
1. I am represented
4 2 1 M a i n s 1 . ,P O B o x 3 9 2 ,S a cC i t y .I A . - 5 0 5 U (31: 1 2 ) 6 6 2 - 4 7 1 5 .
andphonenumberare 1550DeanAve..Des
address
2. My currentntailingandresidence
is05/081995'
M o i n e sI.A - 5 0 3 r 0 .M y p h o n en u m b e ri s 5 1 5 - 8 6 5 - 4 0 6 6M. y d a t eo f b i r t h
level
the linglisli languageand haveconlpletedthe fbllorvir"rg
I canreadand understand
12 Years.
of education:
thal I l.ravea right to arraignnlent
4. I havebeepadvisedby my attorneyandLrnderstand
insteadto siguthis Writterl
waive thatrigh1.choosit.tg
i' openClourt.and I volr-rntaiily
thattimeslbr lurtherproceedings
Arraig'mc,rtand pleaof Not Guilty. I understand
will be computedfronl the dateof
which arecomputedfrom the dateof arraigrutrent
filing this WrittenArraignmentand Pleaof Not Guilty'
whichchargesnle rviththc crimeof
5. I havereceiveda copy o1'theTrial lnlornratiotr
IS BARREI)
COTJNI I: OpEt{AriXC A MOTOI{ VIIHICI,E WHII,E I,ICENSII
O fI T I W A
U N D E I TS E C T I O N 3 2 1 . 5 6 0A S A H A B I T U A L O F F E N I ) E Ri N V i O I A t i O T T
C o d eS e c t i o n3 2 1 . 5 6 0a n d 3 2 1 . 5 6 1 '
(eitlrercheck
6. Wilh regarclto tl-renanreby rvhichI am chargedin the'frial Infbrl'tlation
"a" or checkandcomplete"b"):
,/
is my trueltame.I havebeenadvised
f5e lame on the'frial Infirnnation
\v6
that I am now precludedfiom objectingto tl-reTrial Infbrmatioriuponthe
and understand
groundthat I am irnproperlynamed.
'Ihe
nameshownon the'l'rial Infbrrnationis not my true name' My true
( )b.
my true name. I have
nameis. I requestthat an entrybe madein the minutessl-rowing
will be had againstrne by that name'
beenad'ised a'd understandfurtherproceedings
l'rial Infonnationis str
the J.rialInfbrmationrvill be amendedaccordingly,and when the
named'
I will be precludedfrom objectinguponthe groundsI am improperly
amendecl,

E-FILED 2016 AUG 02 4:04 PM SAC - CLERK OF DISTRICT COURT

7. I havebeenadvisedand understandthat I may pleadguihy, not guilty or former


convictionor acquittal.
I havehad sufficienttime to discussrny casewith
8. For the purposeof this arraignment,
my attorney,and I waive any further time in which to entera piea.
9. I pieadNOT GtiILTY to the chargesin paragraph5 above.
1 0 . I h a v e b e e n a d v i s e d a n d u n d e r s t a n d t h a t l h a v e a r i g h t u n d e r R u l e 2o. 3f t3h(e2 ) ( b )
[owa RtLlesof'Criminal Procedzreto atria] within ninetydays/oneyearafterthe filing of
the Trial lnformationand (checkeither"a" or "b"):
( ) a. I demanc-l
speedytrial pursuantto Rule 2.33(2Xb)and (c).
.a'

Itlb

to Rule 2.33(2) (b) and (c).


I waive my right to a speedytriai pr-rrsr.rant

11. I reqirestthat a trial date be set pursuantto l{Lrle8. I of the lowa RttlesoJ Criminal
Procechtre. My attorney and I will be available for trial on the following days: Any
Time.

Original to be filed rvith Clerk of Court


Copy providedto:
County Attorney

E-FILED 2016 AUG 03 9:00 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
ROBERT ALLEN JOSHUA ,

Case No: 02811 AGCR013101


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

Defendant.
The defendant having filed a written arraignment in this matter on August 2, 2016.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/07/2016 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior 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 09/27/2016 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the 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 2016 AUG 03 9:00 AM SAC - CLERK OF DISTRICT COURT


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 2016 AUG 03 9:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2016-08-03 09:00:41

3 of 3

E-FILED 2016 SEP 07 12:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 AGCR013101
Plaintiff,
vs.

ORDER

ROBERT ALLEN JOSHUA ,


Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 09/21/2016 at 9:30 AM
at 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 arrest
being issued.

1 of 2

E-FILED 2016 SEP 07 12:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
OTHER ORDER
So Ordered

Electronically signed on 2016-09-07 12:01:31

2 of 2

E-FILED 2016 SEP 08 10:37 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013101

Plaintiff,
v.
ROBERT ALLEN JOSHUA,

REPORT OF PRETRIAL
CONFERENCE

Defendant.
COMES NOW, the parties, by and through the undersigned, and
hereby state the following:
1. That on September 7, 2016, the parties conducted a pretrial
conference as ordered.
2. That the State of Iowa appeared by the Sac County Attorney,
Ben Smith, and Defendant appeared through his attorney, Charles
Schulte.
3. That the parties have reached a plea agreement: Defendant has
agreed to plead guilty to count one of the Trial Information amended to
Operating Without a Valid Drivers License, a Simple Misdemeanor in
violation of Iowa Code Section 321.218, and pay the scheduled fine and
costs.
4. That Defendant intends to waive presence at sentencing and the
time between plea and sentencing.

STATE OF IOWA

_____________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org

E-FILED 2016 SEP 08 1:14 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 AGCR013101
Plaintiff,
vs.

ORDER

ROBERT ALLEN JOSHUA ,


Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 09/21/2016 at 9:30 AM
at 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 arrest
being issued.

1 of 2

E-FILED 2016 SEP 08 1:14 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
OTHER ORDER
So Ordered

Electronically signed on 2016-09-08 13:14:37

2 of 2

E-FILED 2016 SEP 09 3:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. AGCR013101

AMENDED
TRIAL INFORMATION

ROBERT ALLEN JOSHUA,


DOB: 05/08/1995,
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, Robert Allen Joshua of
the crime of NO VALID DRIVERS LICENSE, a scheduled violation in violation of Iowa Code
Section 321.174(1) committed as follows:
The said Defendant, Robert Allen Joshua, on or about May 20, 2016 in the County of
Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a public
highway without a valid drivers license.
A TRUE INFORMATION

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2016 SEP 09 3:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
AGCR013101

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A

On this date, I have reviewed the attached Amended Trial Information and find that it
contains evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury.
Being satisfied from the showing made that the case should be prosecuted, I approve the
Amended Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered

Electronically signed on 2016-09-09 15:22:37

page 2 of 2

E-FILED 2016 SEP 09 3:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

No. AGCR013101
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION

vs.
ROBERT ALLEN JOSHUA,
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 the
Defendant.
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(s) of:
Count I: NO VALID DRIVERS LICENSE, a Scheduled violation in violation of
Iowa Code Section 321.174(1).
5. A copy of the amended and substituted Trial Information is filed with the Court.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
Copy to: 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 September 9, 2016
by:
[ ] U.S. Mail
[ ] Fax
[ ] Certified Mail
[x ] EDMS
Signature /s/Norma Hecht

E-FILED 2016 SEP 09 3:22 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No. AGCR013101
Plaintiff,
vs.
ORDER
ROBERT JOSHUA,
Defendant.
NOW, on this 9th day of September, 2016, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with No Valid Drivers
License, in violation of Iowa Code Section 321.174(1).
IT IS FURTHER ORDERED that this matter is transferred to Magistrate Court for
scheduling of further proceedings.

Clerk to furnish copies to:


County Attorney
Defense Counsel
Magistrate Court

E-FILED 2016 SEP 09 3:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
AGCR013101

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
So Ordered

Electronically signed on 2016-09-09 15:22:37

page 2 of 2

E-FILED 2016 NOV 18 11:22 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff(s),
vs

Case No: 02811 AGCR013101


Order Setting Trial

ROBERT ALLEN JOSHUA ,


Defendant(s).

01 - 321.174(1) - NO VALID DRIVERS LICENSE


The defendant has entered a plea of not guilty.
Non Jury Trial is scheduled on 12/27/2016 at 10:00 AM at the Sac Co. Courthouse, 100 NW State
St., Sac City, Iowa.
NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirts
with inappropriate printing or clothing that is overly dirty or ragged.

1 of 2

E-FILED 2016 NOV 18 11:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2016-11-18 11:22:23

2 of 2

Save

Print

Clear Form

E-FILED 2016 DEC 14 3:07 PM SAC - CLERK OF DISTRICT COURT

Rule 25.10Form 1: News Media Coordinators Notice of Request for Expanded News Media
Coverage of Trial or Proceeding
The expanded news media coordinator uses this form to give notice of a request for expanded news media coverage to the
attorneys for all parties and the judicial officer at least seven days before the proceeding begins.
A separate request for expanded news media coverage must be made for appellate court arguments.

SAC

In the Iowa District Court for

County

County where you are filing this form

No. AGCR013101

STATE OF IOWA

News Media Coordinators Notice of


Request for Expanded News Media
Coverage of Trial or Proceeding

Plaintiff Full name: first, middle, last


vs.

ROBERT A JOSHUA

Defendant Full name: first, middle, last


The undersigned news media coordinator states as follows:
1.

Certain representatives of the news media want to use: Check each that applies
A.

Photographic equipment,

B.

Television cameras,

C.

Electronic sound recording equipment, or

D.

Other electronic devices,

in courtroom coverage of the above proceeding.


2.

The trial or proceeding to be covered by expanded news media coverage is scheduled for
a.m.
the 27
day of DECEMBER , 20 16
, at 10:00
at the SAC
p.m.
Day

Month

County Courthouse, SAC CITY

Year

Time

County

, Iowa. The request for expanded news media

City

coverage includes every part of such proceeding as allowed under Chapter 25 of the Iowa
Court Rules.
3.

The request for expanded news media coverage is described as follows (for example, the
number of photographers with still cameras):
Show Lines

A COMBINATION OF NOT MORE THAN FIVE MEDIA MEMBERS USING


NEWSGATHERING EQUIPMENT AS DESCRIBED IN QUESTION 1.

Hide Lines

Continued on next page

May 2014

Rule 25.10Form 1

Page 1 of 2

E-FILED 2016 DEC 14 3:07 PM SAC - CLERK OF DISTRICT COURT


Rule 25.10Form 1: News Media Coordinators Notice of Request for Expanded News Media Coverage of Trial or Proceeding,
continued

4.

This notice of request for expanded news media coverage is filed: Check one
A.
At least seven days in advance of the proceeding for which expanded news media
coverage is requested; or
B.
This notice cannot be filed within seven days of the proceeding because of the
following reasons:
Show Lines

Hide Lines

5.

A copy of this notice will be sent electronically, delivered by ordinary mail, or delivered in
person to the last known address of all attorneys of record, parties appearing without
attorney representation, the district court administrator for this judicial district, and the
judicial officer expected to preside at the trial or proceeding for which expanded news
media coverage is requested, as follows:
Attorneys:
Show Lines

BENJAMIN JOHN SMITH

Hide Lines

Parties appearing without attorney representation:


Show Lines

ROBERT ALLEN JOSHUA

Hide Lines

District court administrator: SCOTT HAND


Presiding judge: WARREN L BUSH
6.

The undersigned news media coordinator requests expanded news media coverage of this
proceeding as described in this notice.
/s/ Peter Kaspari
News media coordinators signature
Peter Kaspari
News media coordinators printed name
2nd

Judicial District of Iowa

713 Central Ave.

Mailing address
Fort Dodge
City

IA

State

50501

ZIP code

( 515 ) 573-2141
Phone number
pkaspari@messengernews.net
Email address
crime@messengernews.net
Additional email address, if available

May 2014

Rule 25.10Form 1

Page 2 of 2

E-FILED 2016 DEC 15 9:17 AM SAC - CLERK OF DISTRICT COURT

X25DNY

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff
vs.

No. 02811 AGCR013101


Order Granting Request for Expanded
News Media Coverage of Trial or Proceeding

ROBERT ALLEN JOSHUA


Defendant

A request for expanded news media coverage of a trial or proceeding scheduled to occur
12-27-16 at 10 a.m. at the Sac County Courthouse, Sac City, Iowa, has been presented.
Notice of the request for expanded news media coverage was sent electronically, delivered by
ordinary mail, or delivered in person to the last known address of all attorneys of record, parties
without representation, and the district court administrator for this judicial district.
The notice of the request for expanded news media coverage was given as follows:
At least seven days before the proceeding for which expanded news media coverage was
requested.
The request is granted as follows:
1. Representatives of the news media may use the following in courtroom coverage of the trial or
proceeding (Check each that applies);
Photographic equipment, ;
Television cameras, ;
Electronic sound recording equipment, ;
Other electronic devices, .
2. Expanded news media coverage is permitted for every part of such proceeding as allowed under
Chapter 25 of the Iowa Court Rules except as follows:
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.

1 of 2

E-FILED 2016 DEC 15 9:17 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013101
Type:

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
OTHER ORDER
So Ordered

Electronically signed on 2016-12-15 09:17:36

2 of 2

E-FILED 2016 DEC 15 9:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


(Magistrate
Division)
C a s eN o . A G C R 0 1 3 1 0 1
GUILTY PLEA-Amended
to Scheduled
Violation

STATEOF IOWA,
Vs.
ROBERT ALLEN JOSHUA,
Defendant.

COMES NOW, the Defendantand statesthe following:


I herebyenter my written plea of guilty to the amendedchargeof NO VALID DRryERS
LICENSE a scheduledviolationin violationof Iowa Code Section32l.l74(l).
l. I understandthat there must be a FACTUAL BASIS for my guilty plea. In admitting guilt, I
admit that in Sac County Iowa I did the following: On or atrout Mav 20. 2016 I failed to have
a valid licensewhile operating a motor vehiclein Odebolt.
2(a). I have beenadvisedfully by my attorneythat I have a constitutionalright to be presentat
my sentencingand presentevidenceon my own behalf.
(b). I flirther understandthat it is my choiceto be presentor not, and that no one can excludeme
from sentencing.
(c). With all of the above in mind, and further understandingthat rny decisionwhether to be
presentor not is my own, and no one else's,I herebyknowingly and voluntarily waive the right to
bc presentat my sentencing.
(d). I arn enteringthis plea in accordancewith the following plea agreetnentwith the Sac County
Attorney: I plead guiltlzto the arnendedcharge.and I will pay the scheduledfine in the amountof
9200.00. plus the 35o%surchargein the amountof $70.00.the $5.00CountyEnforcement
surcharge.court costsin the amountof $100.00,and court appointedattorneyfees:to be paid by
paving$50.00per month with the first palmrentdue on the 15"'dayof October2016 and on the
l5t" day of eachmonth thereafteruntil paid in full.

STATE OF IOWA
COUNTY OF SAC

)
)SS
)

Robcrt

OriginalfiledEDMS:

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on this

E-FILED 2016 DEC 16 9:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


(Magistrate Division)
STATE OF IOWA,
Plaintiff,
vs.

Case No.

AGCR013101

ORDER- ACCEPT PLEA


and JUDGMENT ENTRY

ROBERT ALLEN JOSHUA,


Defendant.
AMENDED CHARGE:
NO VALID DRIVERS LICENSE, a scheduled violation in violation of Iowa Code Section
321.174(1)
The Court Finds that Defendant appears in writing and by Attorney Charles Schulte, that
Defendant has filed a written guilty plea and a waiver of Defendants right to be present for
sentencing. Defendant asks that the plea to the above charge be accepted and that judgment be
imposed pursuant to the plea arrangement agreed upon by the parties.
The Court hereby informs Defendant that Defendants plea of guilty to the above
referenced amended charge is accepted.
IT IS THE ORDER OF THE COURT Defendant if found guilty of NO VALID DRIVERS
LICENSE a scheduled violation in violation of Iowa Code Section 321.174(1),
and Judgment is hereby entered pursuant to Iowa Code Section 321.174(1):
Defendant is Ordered to pay the scheduled fine in the amount of $200.00, the 35%
surcharge in the amount of $70.00, the $5.00 County Enforcement surcharge, court costs
in the amount of $100.00, and court appointed attorney fees as submitted by Attorney
Charles Schulte.
ALL FINES, SURCHARGES, AND COSTS are to be paid by paying $50.00 per month,
with the first payment due on the 15th day of January 2017 and on the 15th day of each month
thereafter until paid in full.
Defendant is advised that if one payment is missed, the entire obligation becomes
immediately due.
Defendant shall pay all financial obligations owed to the Clerk of Court of this
county or online at www.iowacourts.gov.
IT IS FURTHER ORDERED Defendant's appearance bond, if any, is exonerated.

E-FILED 2016 DEC 16 9:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR JUDGMENT

Case Number
AGCR013101

Case Title
STATE OF IOWA VS JOSHUA, ROBERT A
So Ordered

Electronically signed on 2016-12-16 09:44:44

page 2 of 2