AGCR012545 - State Drops Charges Against Laurens Man Drugs Weren't His PDF

E-FILED 2014 MAY 13 1:25 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAY 13 1:25 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAY 13 12:18 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 AGCR012545
vs.
BRENT W PEYTON ,
Defendant.
INITIAL APPEARANCE
Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - 2ND OFFENSE
02 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE
Maximum 6 months in county jail on the marijuana charge.
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been 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 attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper 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
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
2 Years Prison
And/Or $Maximum fine of $1,000 on the marijuana charge and $6,250 on the
methamphetamine charge
1 of 3
4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
5. (a) 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 any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in 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:
The defendant must post a cash or surety bond in the amount of $3,000. Defendant must obtain a
substance abuse evaluation at defendant's expense and provide a copy to the clerk within 30 days. If
released you shall not use any alcohol or illegal drugs during the pendance of this matter.
6. 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 of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on 05/23/2014 at 10:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
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.
8. 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
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
State of Iowa Courts

Case Number
AGCR012545
Type:
Case Title
STATE VS BRENT W PEYTON
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-05-13 12:19:18
3 of 3
DISTRICT Cuurt I OF
SAC COUNTY
FILED
immy 13 PH 2= 0
IN THE IOWA DISTRICT COURT FOR
Sac
COUNTY
Criminal
STATE OF IOWA or
PUmtifDTetitioner,
Civil
NO. Pr'oCRvjU'oH^^iinqROli^^
vs.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appomtme^tofcoiuisel, and under penalty of perjury, the undersigned stat
^_ Cell Phone: ,
Home Phone:
Street Address:
E-mail:
2M H0rf</Sn
Street/P.O. Box
Apt#
UuM?
Chy
Pending charges:
Do you have a job?
State
Zip
In Jail? IM Yes Q N o
EL. No Job
Who do you work for?
Yes, Full Time
Yes, Part Time (List HoursAveek:
How much money do you currently make before taxes or deductions? & I (# M 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 Kve with you?

If a spouse lives with you, how much money does your spouse make?
'
List all other money you, or anyone else Irving in your household, has coming in:
per hour month year

.Si-
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
O
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.
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
BRENT W PEYTON ,
02811 AGCR012545
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 James A. Schall 619 Lake Ave. Storm Lake, IA 50588 (712) 291-6807, a contract attorney,
is appointed.
The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
AGCR012545
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2
\
4
CONTINENTAL HERITAGE
Insurance Company
Continental Heritage Insurance Company

6140 Parkland Blvd., Ste 321
Cleveland, OH 44124
440.229.3420 FAX 440.229.3421
SAC
-a
** B
cu e
BD
3 *
S2
M 3
12
=e
B
mo
_r>-
No.
Defendant
Know All Men By These Presents:

That we,
c/ O
^ A J'
M * - ^ I lr3 A
as Principal, and Continental Heritage Insurance Company^
5'
as Surety (Identified by attached Power of Attorney No. _
SAC COUNTY DISTRICT
are held and firmly bound unto th
Court, C i t y , County, o r S t a t e
in the sum of < r f \ h
Dollars ($
fcfl^
O*-/
for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally.
~rp
.
1
V\
Principal, shall
The condition of this obligation is such that if the said W
< w \
SAC COUNTY DISTRICT
"
appear at the next regular or special term of the
Name
i
ev
1*
B tb
e> v
B
u
VS.
3:
I.
w> O
el B
Zn
Plaintiff
i-
IOWA
IOWA
THE STATE OF
E
>
>.
a s
h:
COURT
COUNTY, STATE OF_
OJ
B
Ol
(PLACE BAIL AGENT'S ADDRESS STAMP HERE)
SAC COUNTY DISTRICT
IN THE
Mark W. Holtan
A 1 Bail Bonds
PO Box 12
Thor, IA 50591
Office 515-378-3286
Fax 515-576-3276
Court
YY\
to answer a charge of
jurisdicti of the Court without leave then this
and shall appear from day to day and term to term of said court and not depart thee jurisdiction
obligation shall be void, otherwise it shall remain in full force and effect.
Day of
Signed and Sealed this

Taken before and approved by roe:
v t U^
^ I I CQ K
A.D.
A.D. / J U \ Vr
at
Name
o.
a.
<
B
03
i g f7
a l
i s ; CONTINENTAL! HERIT
iri
Title
P r i n c i
CORPORATE
CORPORATE \ \&\
%
CE C O M P A N Y
SEAL
onto
Vrtorney-yi-Fact
Mark W. Holtan, A 1
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.
Agency Name
PO Box 12
Address
Thor, IA 50591
City, State, Zip Code
CH 013(10 05)
Bonds
E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
CRIMINAL CAUSE NO. AGCR012545
Plaintiff,
vs.
TRIAL INFORMATION
BRENT WAYNE PEYTON,
DOB: 07/15/1981
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, Brent Wayne Peyton of
the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,
THIRD OR SUBSEQUENT OFFENSE, a Class D Felony in violation of Iowa Code Section
124.401(5) committed as follows:
The said Defendant, Brent Wayne Peyton, on or about May 12, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled
substance; to-wit: A Schedule I Controlled Substance- Marijuana, and having previously been
convicted of a drug related offense twice before; Defendant having been convicted of
Possession Controlled Substance-Marijuana in Black Hawk County Iowa, in Black Hawk County
District Court, case #SRCR118789 on or about the 15th day of March 2004; and Defendant
having been convicted of Possession of Ephedrine, in Black Hawk County Iowa in Black Hawk
County District Court, Count 2 of case #FECR119218, on or about the 15th day of March 2004.
COUNT II
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, Brent Wayne Peyton
of the crime of POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED
SUBSTANCE, a Class D Felony in violation of Iowa Code Section 124.401(5) committed as
follows:
The said Defendant, Brent Wayne Peyton, on or about May 12, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled
substance; to-wit: a Schedule II Controlled Substance-Methamphetamine and having previously
been convicted of a drug related offense twice before; Defendant having been convicted of
Possession Controlled Substance-Marijuana in Black Hawk County Iowa, in Black Hawk County
District Court, case #SRCR118789 on or about the 15th day of March 2004; and Defendant
having been convicted of Possession of Ephedrine, in Black Hawk County Iowa in Black Hawk
County District Court, Count 2 of case #FECR119218, on or about the 15th day of March 2004.
A TRUE INFORMATION
Prosecuting Attorney
Benjamin John Smith
Sac County Attorney
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
STATE OF IOWA
vs
BRENT WAYNE PEYTON
CRIMINAL CAUSE NO. AGCR012545
NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, Sac County Sheriff's Department
TORY CUDABACK, Deputy, Sac County Sheriff's Department
AMIE L. LIVELY, Occupation Unknown
WAYNETTE SAUL, Clerk of Court, Black Hawk County Iowa Clerk of Court
MARK HEINO, Marijuana Examiner, Carroll Police Department
AMANDA KILGORE, AMY JOHNSON, DARWIN CHAPMAN, OR DESIGNATED
CRIMINALIST, Criminalist, Iowa Department of Public Safety, DCI Criminalistics
Laboratory

Type:
Approval of Trial Information
Case Number
AGCR012545
Case Title
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
page 4 of 4
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
BRENT W PEYTON ,
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 Hearing is
scheduled on 06/18/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to 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

Type:
ORDER FOR ARRAIGNMENT
Case Number
AGCR012545
Case Title
So Ordered
page 2 of 2
E-FILED 2014 JUN 18 10:48 AM SAC - CLERK OF DISTRICT COURT

02811 AGCR012545
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

BRENT W PEYTON ,
Defendant.
On today's date, Defendant was scheduled to appear for arraignment.

Defendant requests a continuance of the arraignment. The request is granted.
IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on
07/02/2014 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 2014 JUN 18 10:48 AM SAC - CLERK OF DISTRICT COURT

Case Number
AGCR012545
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2014 JUL 17 9:10 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
No. AGCR012545
Plaintiff,
v.
BRENT PEYTON,
MOTION TO SCHEDULE
ARRAIGNMENT
Defendant.
COMES NOW the State of Iowa and requests the Court schedule
Defendants arraignment for August 6, 2014.
____________________________
Benjamin John Smith - AT0008834
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
Facsimile: 712-662-4123
E-FILED 2014 JUL 17 12:41 PM SAC - CLERK OF DISTRICT COURT
2RCR01
STATE OF IOWA,
Case No. 02811 AGCR012545
PLAINTIFF,
vs.
ORDER
BRENT W PEYTON ,
DEFENDANT.
NOW, on this 17th day of July, 2014, the court is in receipt of the State's Motion to
Schedule Arraignment.
IT IS, THEREFORE, ORDERED that Arraignment is now scheduled for August 6, 2014
at 9:00 a.m. at the Sac County District Associate Court, Sac County Courthouse, 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.
1 of 3
CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
JAMES A SCHALL
2 of 3

Case Number
AGCR012545
Type:
Case Title
OTHER ORDER
So Ordered
3 of 3
E-FILED 2014 AUG 05 11:04 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
vs.
BRENT W PEYTON ,

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on July 29, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 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 09/30/2014 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

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

Case Number
AGCR012545
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 AUG 24 10:45 PM SAC - CLERK OF DISTRICT COURT
Date: 08/24/2014
State of Iowa
Plaintiff
AGCR012545
No.
vs.
Brent W. Peyton
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING
COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.
Signature___/S/ Jesse Helling______________________

Date_____8/24/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
BRENT W PEYTON ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before September 4, 2014. If any objection is filed on or
before September 4, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before September 4, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
JAMES A SCHALL
MEDIA COORDINATOR
BRENT W PEYTON
1 of 2

Case Number
AGCR012545
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 SEP 16 5:41 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
BRENT WAYNE PEYTON,
Case No. AGCR012545

REPORT OF PRETRIAL
CONFERENCE
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On September 17, 2014, the parties conducted a Pretrial Conference as ordered
or in anticipation of the same. The State appeared by Sac County Attorney Ben
Smith. Defendant appeared by Attorney James Schall. The parties, through the
undersigned, represent the following to the Court:
A request to reschedule the Pretrial Conference to OCTOBER 15, 2014, is
hereby made by the parties, Defendant will be asking to take depositions of the
States witnesses.
__________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
STATE OF IOWA,
Plaintiff,
vs.
Pretrial Order
BRENT W PEYTON ,
Defendant.
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
10/15/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 11/04/2014 at 9:00 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Clerk to provide notice to counsel of record.
1 of 2

Case Number
AGCR012545
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 OCT 14 5:21 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
BRENT WAYNE PEYTON,
Case No. AGCR012545

REPORT OF PRETRIAL
CONFERENCE
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 14, 2014, the parties conducted a Pretrial Conference as ordered,
or in anticipation of the same. The State appeared by the Sac County Attorney,
Ben Smith. The Defendant appeared by his attorney, James Schall. The parties,
through the undersigned, represent the following to the Court:
Depositions of the States witnesses are scheduled for OCTOBER 30, 2014.
Therefore, the parties request that the pretrial conference and trial be
rescheduled.
__________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
E-FILED 2014 OCT 15 8:45 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff,
vs.
Pretrial Order
BRENT W PEYTON ,
Defendant.
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
12/03/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 12/09/2014 at 9:00 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Clerk to provide notice to counsel of record.
1 of 2
E-FILED 2014 OCT 15 8:45 AM SAC - CLERK OF DISTRICT COURT

Case Number
AGCR012545
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 NOV 10 8:55 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff,
vs.

ORDER SETTING HEARING
BRENT W PEYTON ,
Defendant.
The Court is in receipt of the Defendant's "Motion to Suppress" and the same should be set for
hearing.
IT IS ORDERED that a SUPPRESSION Hearing is scheduled on 12/03/2014 at 9:00 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa. Hearing shall take place in Courtroom 1. One
hour has been scheduled for said hearing.
IT IS FURTHER ORDERED that the pretrial conference shall convene immediately following the
hearing on the motion to suppress.
Clerk to provide copies to:

County Attorney
Attorney of Record
1 of 2

Case Number
AGCR012545
Type:
Case Title
ORDER SETTING HEARING
So Ordered
2 of 2
E-FILED 2014 DEC 03 10:04 AM SAC - CLERK OF DISTRICT COURT
2RCR04
STATE OF IOWA,
Plaintiff,
vs.
BRENT W PEYTON
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: James Schall
Other: Defendant
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Jessica J. Savits, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: Motion to Suppress
2. The date(s) on which the proceeding occurred: December 3, 2014
3. The name of the court reporter who reported the proceeding: Jessica J. Savits
4. The name of the judge who presided over the proceeding: Adria Kester
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits
___________________________________
District Court Reporter
These notes were electronically filed.
1 of 2

Case Number
AGCR012545
Type:
Case Title
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012545
ORDER OF CONTINUANCE
BRENT W PEYTON ,
Defendant / Respondent.
Following hearing on the Defendant's Motion to Suppress, the Court granted the Defendant's request
to submit a brief. Both parties shall submit a brief of their respective positions by 4:30 p.m. December
5, 2014. Both parties request the trial of this matter be continued.
This matter is continued, Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2

Case Number
AGCR012545
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2014 DEC 10 1:03 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
AGCR012545
Plaintiff,
v.
RULING ON MOTION TO SUPPRESS
BRENT W. PEYTON,
Defendant.
On December 3, 2014, a hearing was held on Defendants Motion to Suppress.
Defendant personally appeared along with his attorney, James Schall. The State was
represented by County Attorney Ben Smith. The hearing was reported. The Court heard the
testimony of the witnesses and took the matter under advisement so that it could review the
Defendants Brief and to consider the legal and factual issues raised. Having now considered
the evidence and arguments submitted in this matter, the Court now issues this Ruling.
Summary of Factual Background & Factual Findings
Based on the evidence submitted to the Court, the Court makes the following factual
findings: Deputy Cudabeck and Deputy Biede were enroute to serve an arrest warrant. As
Deputy Cudabeck approached the house on foot, he observed a vehicle legally parked on the
street. The vehicle caught the attention of the officer because the occupants of the vehicle
were only partially visible. The male driver of the vehicle was crouched down and peeked
his head up and the female passenger was reclined in the backseat. Deputy Cudabeck
approached the vehicle and confirmed there was a male in the driver seat and a female in the
back passenger seat.
Deputy Cudabeck began speaking with the driver who was identified as Brent Peyton
(Peyton), who advised that he and his passenger had stopped because the female was not
feeling well. The passenger, later identified as Amie Lively (Lively), confirmed that she
was not feeling well. As he spoke with the couple, Deputy Cudabeck smelled the odor of
marijuana coming from the vehicle. Deputy Cudabeck directed Peyton to exit the vehicle
and detained him so he could speak with the passenger. Deputy Biede assisted by detaining
Peyton. Deputy Cudabeck asked Lively if there were narcotics in the vehicle. Lively
indicated there could be and handed Deputy Cudabeck a bag containing marijuana. The
deputies then searched the vehicle and located additional controlled substances.
Issues Presented
Defendant asserts that the search of his car was conducted without probable cause and
without a warrant or an exception to the warrant requirement.
Legal Analysis and Conclusions: Search of Vehicle

Defendant contends that law enforcement did not have probable cause or an
exception to the warrant requirement that permitted the search of his vehicle. The Court
disagrees. It is true that this was a warrantless search. A warrantless search violates the
Fourth Amendment unless it falls within a recognized exception. State v. Showalter, 427
N.W.2d 166 (Iowa 1998). Exceptions include: (1) consent to search; (2) the presence of
probable cause and exigent circumstances; (3) objects in plain view; and (4) search
conducted incident to a lawful arrest.
Here, there was probable cause to believe there was contraband in the car. Probable
cause exists if, given the totality of the circumstances, a reasonable person would believe
evidence of a crime will be located. State v. Simmons, 714 N.W.2d 264 (Iowa 2006). The
exigency requirement is satisfied by a vehicles inherent mobility. State v. Hoskins, 711
N.W.2d 720 (Iowa 2006).
In this case, in terms of probable cause to search the vehicle, Deputy Cudabeck
smelled the odor of marijuana and Lively admitted there could be marijuana in the vehicle,
and then produced a bag of marijuana. The smell of contraband coupled with the suspicious
behavior of the occupants of the vehicle and Livelys statements and actions gave Deputy
Cudabeck probable cause to believe there was contraband in the vehicle. In addition, the car
was readily mobile, as it had recently been driven to the location. If a car is readily mobile
and probable cause exists to believe it contains contraband, the Fourth Amendment permits
police to search the vehicle without more. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct.
1975, 26 L.Ed.2d 419 (1970). In other words, since Deputy Cudabeck had probable cause to
believe there was contraband in the car, the Deputies were permitted to search the car.
Defendants objection to the legality of the search of the vehicle is, therefore, overruled. The
search of the vehicle was legal.
Summary and Conclusion
The search of Defendants vehicle was done in such a manner that a warrant was not
required, and, as such, did not violate Defendants rights to be free from unreasonable
searches and seizures.
IT IS, THEREFORE, ORDERED as follows:

Defendants Motion to Suppress is denied. The trial previously set in this matter shall
take place as scheduled.
Clerk to send copies to:

County Attorney
Defense Counsel: James Schall

Type:
OTHER ORDER
Case Number
AGCR012545
Case Title
So Ordered
page 4 of 4
E-FILED 2015 JAN 21 2:18 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Case No. AGCR012545
Plaintiff,
v.
MOTION TO DISMISS PURSUANT TO

IOWA R. CRIM. P. 2.33
BRENT W. PEYTON,
Defendant.
COMES NOW the State of Iowa, through Sac County Attorney Ben Smith,
and states the following in support of its Motion to Dismiss:
1.
When law enforcement approached defendants vehicle in this
case, defendant was in the front seat, and defendants passenger, Amie Lively,
was in the backseat.
2.
The controlled substances (methamphetamine and marijuana) and
paraphernalia (collectively, items) at issue were seized from the backseat of

defendants vehicle.
3.
Amie Lively subsequently pleaded guilty to possessing the
methamphetamine
(Sac County Case No. SCR012546) and admitted to
possessing the marijuana.

4.
The undersigned has been informed by defendants counsel that
Ms. Lively plans to testify that the items belonged solely to her and defendant
was unaware that the items were in defendants car.
5.
The defendant denied possessing the items and has maintained
that at no time did he have any knowledge that the items were in the vehicle.
WHEREFORE, based on the foregoing, the State respectfully requests
that the Court dismiss this case without prejudice, with costs to the defendant,
and order such other reliefs the Court deems just and equitable in the premises.
E-FILED 2015 JAN 21 2:18 PM SAC - CLERK OF DISTRICT COURT
____________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791

E-FILED 2015 JAN 22 10:11 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Case No. AGCR012545
Plaintiff,
vs.
ORDER
BRENT W. PEYTON,
Defendant.
NOW, on this 22nd day of January, 2015, the court is in receipt of the States
Motion to Dismiss this case. The Motion states good cause and should be granted.
IT IS THEREFORE ORDERED that the States Motion to Dismiss is granted.
This case is dismissed and costs are taxed to the Defendant.
Clerk to furnish copies to:
Sac County Attorney
Defense Counsel
E-FILED 2015 JAN 22 10:11 AM SAC - CLERK OF DISTRICT COURT

Type:
OTHER ORDER
Case Number
AGCR012545
Case Title
So Ordered
page 2 of 2

AGCR012545 - State Drops Charges Against Laurens Man Drugs Weren't His PDF

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

AGCR012545 - State Drops Charges Against Laurens Man Drugs Weren't His PDF

Caricato da

Copyright:

Formati disponibili

E-FILED 2014 MAY 13 1:25 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 13 1:25 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 13 12:18 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 MAY 13 12:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 13 12:18 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-05-13 12:19:18

Who do you work for?

Yes, Full Time

Yes, Part Time (List HoursAveek:

How many family members are supported by or Kve with you?

per hour month year

E-FILED 2014 MAY 13 7:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2014 MAY 13 7:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-05-13 19:23:32

Continental Heritage Insurance Company

Know All Men By These Presents:

as Principal, and Continental Heritage Insurance Company^

as Surety (Identified by attached Power of Attorney No. _

SAC COUNTY DISTRICT

are held and firmly bound unto th

in the sum of < r f \ h

SAC COUNTY DISTRICT

appear at the next regular or special term of the

COUNTY, STATE OF_

(PLACE BAIL AGENT'S ADDRESS STAMP HERE)

SAC COUNTY DISTRICT

Signed and Sealed this

E-FILED 2014 MAY 19 1:01 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Approval of Trial Information

Electronically signed on 2014-06-03 20:11:51

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 AGCR012545

Clerk to provide notice or copies to:

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

ORDER FOR ARRAIGNMENT

Electronically signed on 2014-06-03 20:11:51

E-FILED 2014 JUN 18 10:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ORDER RESCHEDULING ARRAIGNMENT

On today's date, Defendant was scheduled to appear for arraignment.

E-FILED 2014 JUN 18 10:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-06-18 10:47:46

E-FILED 2014 JUL 17 9:10 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 JUL 17 12:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2014 JUL 17 12:41 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:

Signature_/S/ Jesse Helling____________________