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E-FILED 2014 OCT 06 1:47 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 06 3:49 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA
Plaintiff

Case No. 02811 AGCR012665

vs
Summons or Citation
CODY EMMETT LISTER
Defendant

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
POSS OF CONTROLLED SUBSTANCE/MARIJUANA 3RD OFFENSE
in violation of Section(s) 124.401(5) of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
10/13/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as
contempt of court.

/s/ SHELLEY BASS


CLERK OF DISTRICT COURT
SAC COUNTY IOWA
Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate
before whom the complaint was filed; otherwise it must be signed by the Clerk of Court.
Service: Although personal service is preferable, this notice can be served in the manner of an
original notice (804.1).

E-FILED 2014 OCT 13 9:07 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 AGCR012665
vs.
CODY EMMETT LISTER ,
Defendant.

INITIAL APPEARANCE
POSSESSION OF MARIJUANA

Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE MARIJUANA 3RD/SUBSEQ OFF
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:
6 Months in the County Jail
2 Years Prison
And/Or $not less than $625 and not more than $6,250 plus 35% surcharge and court
costs
You will lose your driver's license for a period of 180 days.
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E-FILED 2014 OCT 13 9:07 AM SAC - CLERK OF DISTRICT COURT

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.
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
serous misdemeanor, additionally:
Upon consideration of the factors in Section 811.2, the Court imposes the following conditions
on your release:
(1) You must not use any alcohol or illegal drugs during the pendency of this matter.
(2) You must obey all laws of Iowa and the U.S.
(3) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
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 11/03/2014 at 11:00 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

E-FILED 2014 OCT 13 9:07 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-10-13 09:07:00

3 of 3

DISTRICT CObii i (jr IOWA


SAC COUNTY
FILED

^/"Criminal

STATE OF IOWA or
Plaintiff/Petitioner,
vs.

W c%JxU AH 10: lit

Sac

IN THE IOWA DISTRICT COURT FOR

NO.

/\ ac Jl a / J 6 # 5

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

L ) st

Cc r)y

Civil

Defendant/Respondent.

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

C e Ay

Home Phone: 712


Street Address:

L i $ j

C r

Birth Date:

- ^ 0 7 ^ Cell Phone:

^ 0

S j ,

Pending charges:

P Q q C f_ S 9 ~. {) W

Do you have ajob?

No Job ^2^es, Full Time


ti d~

Q3/

9fJ

E-mail:

7
S , JI 7 k
Street/P.O. Box

Who do you work for? '

$
Apt #
a

Q'y-y
City

J P ' A
State

3 T

!?CyZ3
Zip

In Jail? Yes J^Np

Yes, Part Time (List Hours/week:

P ) * f () C

How much money do you currently make before taxes or deductions? \^3t>D. o o per hour ^SCjnonth year
How much money have you made in the last 12 monthsfromany source, before taxes or deductions?
How many family members are supported by or live with you?

\ % ^ P P G - OCJ

If a spouse lives with you, how much money does your spouse make? ^ j / p e r
List all other money you, or anyone else living in your household, has coming in:

hour month year


Q

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
t?
^
s

List amounts you pay monthly for mortgage 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 10 f i r

Signature
Rev. 1/6/12

E-FILED 2014 OCT 21 12:23 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
CODY EMMETT LISTER ,

02811 AGCR012665
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 (712) 662-4715, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 OCT 21 12:23 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
ORDER APPOINTING
So Ordered

Electronically signed on 2014-10-21 12:23:23

2 of 2

E-FILED 2014 NOV 03 1:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. AGCR012665

TRIAL INFORMATION

CODY EMMETT LISTER,


DOB: 05/03/1990
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, Cody Emmett Lister of
the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,
THIRD OR SUBSEQUENT OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code
Section 124.401(5) committed as follows:
The said Defendant, Cody Emmett Lister, on or about September 2, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a
Schedule I Controlled Substance; to-wit: Marijuana in the amount of 1.1 grams, and Defendant
having previously been convicted of a drug related offense twice before, both involving
Marijuana, a Schedule I Controlled Substance.
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 2014 NOV 03 1:37 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. CODY EMMETT LISTER


Criminal No. AGCR012665
COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, Third or
Subsequent Offense
NAMES OF WITNESSES:
MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT
JOHN THOMSEN, CHIEF, SAC CITY POLICE DEPARTMENT
TAYLOR STEINKAMP, SANITIATION WORKER, CITY OF SAC CITY
SYDNEY LOXTERKAMP, OCCUPATION UNKNOWN
MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT
VICKI KROHN, CLERK OF DISTRICT COURT, SHELBY COUNTY IOWA CLERK OF
DISTRICT COURT

E-FILED 2014 NOV 03 1:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
AGCR012665

Case Title
STATE VS CODY EMMETT LISTER

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 2014-11-03 13:38:19

page 3 of 3

E-FILED 2014 NOV 03 1:37 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 AGCR012665


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

CODY EMMETT LISTER ,

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 11/19/2014 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

E-FILED 2014 NOV 03 1:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
AGCR012665

Case Title
STATE VS CODY EMMETT LISTER
So Ordered

Electronically signed on 2014-11-03 13:38:19

page 2 of 2

E-FILED 2014 NOV 17 4:00 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOUITTFOR SAC COUNTY


STATEOF IOWA.
Vs.
CODYEMMETTLISTER

12665
CRIMINALNO.AGC]RO
WRITTENARITAIGNMENT.
PI-EAOI-NOT GUIL1Y

Def'endant
DateTrial Informationfiled: l1/01/2014
criminalcaseand underoathstates:
in tlie abovc-captioned
COMES NOW the Def-endant
by AttorneyCharlesA, Schulte.rvhoseaddressand phonenumberare
l. I arnrepresented
421 Main St..PO Box 1j92.SacCit-y,IA. 50583;(712)662-4715.
2. My currentmailing and residcnccaddressanclphonenumberare207 S l l'l' St . Sac
My datcof birthis 05-03-1990.I
Cit).IA 50583.M1'phonenumberis: 712-253-4074.
the Iinglishlanguageandhavecompletedthe follorvinglevel ol'
canreadand understand
education:12 Years.
4. I havc been advisedby my attorneyand understandthat I have a right to amaignnient
in openCourt.and I voluntarilywaivethat right. choosinginsteadto sign this Written
that timesfor fu(her proceedings
Arraignmentand Pleaof Not Guilty. I understand
which arecomputedfrom the dateof arraignmentwill be computedfrom the dateof
liling this WrittenArraignmentand Pleaof Not Guiltl
5. I haverecciveda copy of the l'rial Informationwhich chargesmc with the crimeof
COUNT I: POSSESSIONOF A CONTROLLED SUBSTANCE' MARI.ITJANA
THIRD OF SUBSEQUENT OFFENSE' in violation of Iorva Codc Section
121.401(5).
6. With regardto thc nameby which I am chargedin the Trial lnibrmation(eitherchcck
"a" or checkand complete"b"):
./
6,$. m" nameon the Trial Inlbrmationis my true name. I havebeenadvised
that I am now precludedfrom objectingto thc Trial Inlbrmationuponthe
and understand
named.
groundthat I am in.rproperly
( )b. The namc shownon the Trial Informationis not my true uame. M1'true
nameis. I requestthat an entry bc madein the minutesshon'ingml true name. I have
r.villbc had againstme by that name.
beenadvisedand understandlurtherproceedings
is so
the Trial Intbrmationu'ill be arnendedaccordingly,and whenthe Trial Inlbrn.ration
namcd.
grounds
I
an.r
improperly
amended,I will be precludedfrom objectinguponthe
7. I havcbeenadvisedand undcrstandthat I may pleadguilty. not guilty or formcr
convictionor acquittal.

E-FILED 2014 NOV 17 4:00 PM SAC - CLERK OF DISTRICT COURT

8. For the purposeof this arraignmcnt,I havehad sulficienttimc to discussmy caser'vith


my attorney,and I waive an,vlurlher lime in which to entera plea.
9. I pleadNOT GUILTY to the chargcsin paragraph5 above.
that I havea righl underl{ule 2.3i(2Xb) o1'the
10. I havebeenadvisedand understand
Iol,tt Rulesof (.'riminal Procedurelo a trial rvithin ninety da-vs/oneyear aftcr the filing of
the frial Informationand (checkcither"a" or "b"):

and(c).
(f)d I demand
to Rule2.33(2)(b)
speedy
trialpursuant
( ) b. I waive my right to a speedytrial pursuantto I{ule 2.33(2)(b) and (c).
11. I rcquestthat a trial datebe setpursuantto Rule 8.1 of the lo a Rttlesof C'riminal
Procetlure.My attorneyand I will be availablefor trial on the following days:Any
'l'ime.

Originalto be filed rvith Clerk of Court


Copyprovidcdto:
CountvAttornev

E-FILED 2014 NOV 18 9:00 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
CODY EMMETT LISTER ,

Case No: 02811 AGCR012665


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

Defendant.
The defendant having filed a written arraignment in this matter on November 17, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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 01/27/2015 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 2014 NOV 18 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 2014 NOV 18 9:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-18 09:00:33

3 of 3

E-FILED 2014 DEC 17 2:52 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA,
Plaintiff,
vs.
CODY EMMET LISTER

)
)
)
)
)
)
)

AGCR012665
MOTION TO SUPPRESS
EVIDENCE

Defendant.
Comes now the Defendant and for his motion to suppress evidence states:
1. On or about the 2nd day of September, 2014, the defendants residence at 207
S. 11th St., Sac City, IA was searched by law enforcement officers in Sac County,
Iowa, pursuant to a search warrant which issued at some time during the day of
August 26, 2014.
2. During the search various items of evidence as enumerated on the search
warrant return and inventory list were found.
3. There was no probable cause to believe that any criminal activity was occurring
on or about the premises at the time the warrant was issued or executed and there
was no probable cause to believe that the defendant was involved in any criminal
activity related to the issuance of the warrant.
4. The information giving rise to the issuance of the warrant referred to evidence
observed outside the residence six days before the issuance of the warrant and
12 days before the execution of the warrant.
5. The initial unwarranted search which gave rise to the warrant application and
issuance was performed without probable cause, thus tainting the warrant which
issued therefrom.
6.The warrant was stale at the time of its execution.
7. The search of the premises when there was no probable cause to believe that
the law was being violated at the time of the search and no probable cause to
believe that the defendant, Cody Emmett Lister, was engaged in criminal behavior
at the time the warrant was executed was contrary to the defendant's right to
privacy; his right to due process of law; his right to equal protection under the law
and in violation of his right to counsel and against self-incrimination, all in
violation of the 4th, 5th, 6th and 14th Amendments to the United States
Constitution, Article 1, Section 1, 8, 9 and 10 of the Constitution of the State of
Iowa and Chapter 808 of the Code of Iowa.

E-FILED 2014 DEC 17 2:52 PM SAC - CLERK OF DISTRICT COURT

7. All evidence obtained from the illegal search of the subject premises and
property and all evidence flowing therefrom, including the results of laboratory
testing should be suppressed.
WHEREFORE, The Defendant moves the court to suppress all evidence obtained
from the illegal search of the subject residence and property on or about September 2nd,
2014, in Sac County, Iowa, as well as all evidence flowing therefrom.

Respectfully submitted,
/s/Charles A. Schulte
SCHULTE LAW FIRM, L C
421 Main St., Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884

E-FILED 2014 DEC 18 9:16 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

Case No: 02811 AGCR012665

vs.

CODY EMMETT LISTER ,


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 01/07/2015 at 11:00 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

E-FILED 2014 DEC 18 9:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
ORDER SETTING HEARING
So Ordered

Electronically signed on 2014-12-18 09:16:27

2 of 2

E-FILED 2015 JAN 06 3:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

Case No. AGCR012665

v.
CODY EMMET LISTER,

RESPONSE TO DEFENDANTS
MOTION TO SUPPRESS EVIDENCE

Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and for its resistance to defendants motion to suppress evidence states the
following:
1.

On August 20, 2014, Chief John Thomsen of the Sac City Police

Department (SCPD) observed marijuana plant pieces and paraphernalia in


defendants garbage bags, which had been taken from defendants residence
that same morning.
2.

On August 26, 2014, based upon the foregoing, Chief Thomsen

obtained a warrant to search defendants residence. The search warrant


application at issue was filed in Case No. SWSW000232 and is attached hereto
as a secure attachment.
3.

The SCPD executed the warrant on September 2, 2014; 13 days

after the SCPD went through defendants garbage.


4.

On October 6, 2014, defendant was charged with possession of

marijuana, third offense. Defendant was formally charged with the same crime
via Trial Information on November 3, 2014.
5.

On December 17, 2014, defendant moved to suppress the

evidence seized pursuant to the search warrant, claiming probable cause to


issue the warrant was lacking because the information upon which the warrant
affidavit was based was stale.
6.

There is no fixed formula for deciding when information has

become stale; rather, courts consider the nature of the crime being investigated

E-FILED 2015 JAN 06 3:04 PM SAC - CLERK OF DISTRICT COURT

and the property to be searched. United States v. Stevens, 439 F.3d 983, 988
(8th Cir. 2006). Sgro v. United States, 287 U.S. 206, 210-11, 53 S. Ct. 138, 140,
77 L. Ed. 260 (1932) (staleness depends upon the totality of the circumstances of
the case).
7.

[W]here the information presented to the issuing judge shows

ongoing drug-related activities, the passage of time is less problematic because it


is more likely that these activities will continue for some time into the future.
State v. Gogg, 561 N.W.2d 360, 367 (Iowa 1997). Whether the criminal activity
is continuous or isolated does not matter if the passage of time between the
informant's observations and the issuance of the warrant is not significant. Id.
8.

In State v. Paterno, the Iowa Supreme Court held that probable

cause existed where controlled substances were observed on a single occasion


and the search warrant was executed seven days later. State v. Paterno, 309
N.W.2d 420, 424 (Iowa 1981); Gogg at 368 (probable cause existed where
informant viewed controlled substances in premises within past six days).
9.

As Chief Thomsens search warrant affidavit makes clear, he did

not just find sticks, stems, and seeds or the remnants of a solitary marijuana
cigarette in defendants trash; he found 38 semi-dried marijuana leaves. This
find, coupled with the fact that defendant, who was only twenty-four years old at
the time, had already been convicted twice of possessing controlled substances,
demonstrated that defendant possessed, ingested, and / or processed illicit
narcotics in his residence on an ongoing basis over a number of months.
10.

Other facts considered in the totality of the circumstances

demonstrated the information giving rise to probable cause to search defendant's


residence was not stale. For example, the location of the search, defendant's
house, was not mobile. Additionally, the search authorized officers to seize not
just controlled substances, which are readily consumable in some cases, but
items that are more stable and constant in the home of a habitual drug user /
dealer, such as drug paraphernalia. United States v. Steeves, 525 F.2d 33, 38
(8th Cir. 1975) (search approximately three months after bank robbery not stale

E-FILED 2015 JAN 06 3:04 PM SAC - CLERK OF DISTRICT COURT

because some tools of the crime, like a firearm, were likely to remain in
defendant's home for long period of time).
11.

While admittedly not as fresh as the first dew of the morn, the

probable cause upon which the Sac City Police Departments search warrant
was based was certainly not stale. Andresen v. State, 24 Md. App. 128, 172, 331
A.2d 78, 106 (1975) aff'd, 427 U.S. 463, 96 S. Ct. 2737, 49 L. Ed. 2d 627 (1976).
12.

Considering the totality of the circumstances, the six-day lapse of

time between Chief Thomsens observation of the marijuana leaves in


defendants trash and the issuance of the search warrant is not significant. Gogg
at 367.
WHEREFORE, based up on the foregoing, the State respectfully requests
that the Court overrule defendants motion to suppress evidence.

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

E-FILED 2015 JAN 09 1:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

AGCR012665
Plaintiff,

v.
RULING ON MOTION TO
SUPPRESS

CODY EMMET LISTER,


Defendant.

Defendant is charged with Possession of Marijuana, a schedule I controlled


substance, third or subsequent offense, an aggravated misdemeanor. On January
7, 2015, a hearing was held on Defendants Motion to Suppress that was filed on
December 17, 2014. The Motion to Suppress is considered to be timely. The State
was represented by County Attorney Ben Smith, the Defendant was represented by
Charles Schulte. The parties stipulated to the Court reviewing the search warrant,
Motion to Suppress and Resistance to Motion to Suppress without further record.

Statement of Issues
Defendants written Motion challenged the existence of probable cause at the
time of the approval of the search warrant and the existence of probable cause at
the time of the execution of the search warrant. The State resists.
The Court has considered the arguments of the parties and the relevant
authority on the issues, and now issues this ruling.
FACTUAL BACKGROUND AND FINDINGS
The facts are not disputed. As alleged in the search warrant application, a
trash rip was conducted on August 20, 2014 from the Defendants residence. It had
been several months since the occupants of this residence placed their garbage at
the curb. Located in the trash were thirty-eight green leaves, five green stems, five

E-FILED 2015 JAN 09 1:46 PM SAC - CLERK OF DISTRICT COURT

green and black seeds, a sharpie pen tube containing black residue and a Short
Staff card with the name of the Defendant. Based on the Officers experience the
items were believed to be marijuana. (The officers experience is not in question.)
The Defendants criminal history showed two convictions for possession of a
controlled substance. The officer waited six days to apply for a search warrant.
The warrant was executed seven days after the warrant was approved.

LEGAL ANALYSIS AND CONCLUSIONS


1. Probable Cause at the time of the search warrant application
In general, trash rips may lead to the issuance of a search warrant. Controlled
substances and other indicia of drug activity, coupled with items linking the
Defendant to the items found in the trash, may supply the necessary probable cause
for a search warrant. It is reasonable to believe that drug crimes are ongoing and
protracted in nature. The application indicates it had been several months since
trash had been placed at the curb of this residence. Numerous items consistent
with the use and possession of controlled substances were found in the trash. Great
deference should be made by the Court to the probable cause determination made
by the magistrate. State v. Bishop, 387 N.W.2d 554 (Iowa 1986). The Court must
decide if the magistrate based his finding of probable cause on a substantial basis.
State v. Green, 540 N.W.2d 649 (Iowa 1995). Here, the officer found several
leaves, stems, seeds and a card with the Defendants name in the trash, leading the
officer to believe criminal activity was occurring in the home. The Court determines
the magistrates finding of probable cause was proper.
2. Probable Cause at the time of the execution of the search warrant
The requirement to timely execute a search warrant is to ensure that probable
cause still exists. It is possible that a delay in the execution would make the finding
of probable cause stale. U.S. v. Gibson, 123 F.3d 1121 (8th Cir. 1997). The Court
must consider the nature of the crime, and in this instance the crime involves

E-FILED 2015 JAN 09 1:46 PM SAC - CLERK OF DISTRICT COURT

controlled substances. The nature and number of the items observed in the trash
rip support a finding of ongoing drug-related activities at the residence. The
warrant was executed seven days after it was issued. The Court finds probable
cause existed at the time of the execution of the warrant.
IT IS, THEREFORE, ORDERED that Defendants Motion to Suppress is
hereby denied. A pretrial conference and trial will be rescheduled by separate court
order.

Clerk to send copies to:


County Attorney
Charles Schulte

E-FILED 2015 JAN 09 1:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
AGCR012665

Case Title
STATE VS CODY EMMETT LISTER
So Ordered

Electronically signed on 2015-01-09 13:46:16

page 4 of 4

E-FILED 2015 JAN 09 1:47 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff / Petitioner,
vs.

02811 AGCR012665
ORDER OF CONTINUANCE

CODY EMMETT LISTER ,


Defendant / Respondent.

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.
This matter is continued, Pretrial Conference is scheduled on 01/21/2015 at 9:30 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

E-FILED 2015 JAN 09 1:47 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2015-01-09 13:47:04

2 of 2

E-FILED 2015 JAN 22 7:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Case No. AGCR012665

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

CODY EMMETT LISTER,


Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court:
1.

A plea agreement has been reached, the terms of which are as

follows: The defendant has agreed to plead guilty to Count 1 of the Trial
information, and the State has agreed to recommend or do the following: 1)
recommend that defendant receive a 60-day jail sentence with all but time
served, suspended; 2) that defendant be ordered to pay the minimum fine; that
defendant be placed on informal probation with the Sac County Probation
Office; and 4) dismiss the companion simple misdemeanor citation filed in
SMCR012666.
2.

Defendant intends to submit a written guilty plea by February 5,

2015. Defendant intends to waive presence at sentencing. Defendant intends to


waive time between plea and sentencing.

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

E-FILED 2015 JAN 22 10:13 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 AGCR012665
Plaintiff,
vs.

ORDER

CODY EMMETT LISTER ,


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 02/04/2015 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 2015 JAN 22 10:13 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
OTHER ORDER
So Ordered

Electronically signed on 2015-01-22 10:12:51

2 of 2

E-FILED 2015 JAN 28 12:01 PM SAC - CLERK OF DISTRICT COURT

Date: 1/28/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

AGCR012665

No.
vs.

CODY EMMETT LISTER


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___1/28/2015_____________________
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

E-FILED 2015 JAN 28 2:08 PM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 AGCR012665

vs.
CODY EMMETT LISTER ,

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 February 9, 2015. If any objection is filed on or
before February 9, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 9, 2015, 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
CHARLES A SCHULTE
MEDIA COORDINATOR
CODY EMMETT LISTER

1 of 2

E-FILED 2015 JAN 28 2:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR012665
Type:

Case Title
STATE VS CODY EMMETT LISTER
OTHER ORDER
So Ordered

Electronically signed on 2015-01-28 14:08:08

2 of 2

E-FILED 2015 FEB 03 4:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA.
*
Plaintiffl
No. AGCR012665
VS.

*
:k

CODY EMMETT LISTERO


DOB: 0510311990
Defendant.

GUILTY PLEA

{<

*
*

I, the undersignedDefendant, have carefully read and fully understandthe


followins:
COUNT I
I am charged with: POSSESSION OF MARIJUANA A SCHEDULE I
CONTROLLED SUBSTANCE 3*o OR SUBSEQUENTOFFENSE in violation of
Iowa Code Section 124.401(5),an Aggravated Misdemeanor. I herebyrequestthat
my pleaof guilty to the chargebe enteredof record.
A. The maximumpunishmentfor this crime is:
. For a third or subsequent
offense,an indeterminate
sentence
of up to two yearsto
the directorof the Iowa Departmentof Corrections,and/ora fine of not more than
plus all court costs and all costs and fees
$6,250.00,plus statutorysurcharges,
incurredfor legal assistance.The surcharges
includea 35ohsurcharge,a $ I25 Law
EnforcementInitiative Surchargeand a $10 DARE surcharge.There is a minimum
fine of $625.00,which is immediately
due on the dateof sentencing,
unlessa payment
plan is approvedby the Court within thirty daysof the Judgmentdate. The Court will
also order the Departmentof Transportationto revokethe Iowa driver's licensefor
180days.This is in additionto any suspension
or revocationof drivingprivilegesI am
presentlyserving. The crime of third offensePossession
of a ControlledSubstance
(Marijuana)is an AggravatedMisdemeanor.
oln addition,for any Possession
of ControlledSubstance
convictionthe Court shall
considerand may order denialof certainFederaland comparableStatebenefits,such
as studentloans,grants,contracts,professional
or commerciallicense.This doesnot
includeretirement,welfare,SocialSecurity,health,disability,veteran'sbenefits,public
housingor similarbenefits.
. There is a minimumpenaltyof imprisonmentin jail for 48 hours. Any fine or jail
is, at the Court'sdiscretion,
sentence
suspendable.
. I rnaybe requiredto pay correctionalfeesfor incarceration
and enrollmentfeesfor
probation. I am awarethat sentencing
optionsmay includedeferralof Judgmentand
Sentence,
the grantof probationandthe suspension
of sentence
imposed.
. I understandI may be requiredto completea substance
abuseevaluationat my
own expense. If ordered,I will provide the evaluationto the Court before I am
sentenced.

E-FILED 2015 FEB 03 4:04 PM SAC - CLERK OF DISTRICT COURT

o The Court may order me to participatein a reality educationsubstanceabuse


preventionprogram.
. The Court may order restitutionto any victim of my offense. In addition,the
Court may order restitutionup to -$500eachto any public agency(fire-fighting,law
enforcement,
ambulance,medicalor any other emergencyservices)which responded
asa resultof mv violation.
B. I understandthat a criminalconviction,defenedjudgmentor deferredsentencemay
affectmy statusunderfederalimmigrationlaws.
C. If I pleadnot guilty, I would be entitledto the followingrights. I give up theserights
by pleadingguilty:
(l). The right to a speedyandpublictrial by a jury of twelvepeople.
(2). The right to havean attorneyrepresentme at trial and, if the Court foundI was
unableto afford an attorney,the Court would, at public expense,appointan attorney
to representme.
(3). At trial, I would be presumedinnocentuntil such time, if ever, the State
established
my guilt beyonda reasonable
doubt.
(4). At trial, a jury verdictof guilty would haveto be unanimous.
(5). At trial, I would havethe privilegeagainstself-incrimination,
that is, I cannotbe
forcedto testifu,and if I choosenot to testify,the Statemay not commenton the fact
of my failureto testify and, at my request,I would be entitledto a jury instruction
statingthat thejury could not infer guilt from my failureto testiff.
(6). At trial, the State would have to confront me with witnessesupon whose
testimonyit reliedto obtainconviction,and I would havethe right to crossexamine
thosewitnesses.
(7). At trial, I would be entitledto presentwitnessesto testifli on my behalfand to
processto securethosewitnesses.
compulsory
D. By pleadingguilty,therewill not be a trial of any kind. By pleadingguilty,I waivemy
right to trial, and will be treatedasif I hadbeentried and foundguilty by a jury.
E. The Court, in determinurg
whetherthereis a factualbasisfor this pleaof guilty, may
make such a determinationby examiningthe Murutesof Testimonyattachedto the
Trial lnformation,by reviewingthe investigativereportsof law enforcementagents
who haveinvestigatedthe oflense,or by askingme or counselto reciteand summarize
the materialfactsthat would be offeredat trial.
The Court hasthe discretionto acceptor rejectany pleaagreement
madebetweenthe
Stateand myself The plea agreementfor Count I is: I will pleadguilty to the crime
of Possession
of a Marijuana.a Schedule
I ControlledSubstance.The recommended
sentence
is sixty (60) daysin the SacCountyJail.whichwill be suspended.
with credit
(15)
for time servedof fifteen
minutes.I will be placedon informalprobationtothe
SacCountyProbationOfficer for a periodof one year from the Judgmententry date.
I will pay a fine in the amountof $625.00.plus the 35% surchargein the amountof
the $125Law Enforcement
InitiativeSurcharge.
$218.75.a $10.00DARE surcharge.

E-FILED 2015 FEB 03 4:04 PM SAC - CLERK OF DISTRICT COURT

court appointedattorneyfees.and court costs:to be paid as approvedin the payment


plan of the Sac County Standard Probation Agreement. I will follow the
recomrnendations
of the SubstanceAbuse Evaluation I obtained from New
Opportunitieson November3. 2014. I understandthat the Iowa Departmentof
tion will revok
wa driver's lic
iod of 180 davs.
Pursuantto the plea agreement.the coun8 attorneywill recommenddismissalof
companioncomplaint# SMCROl2666.with court costsassessed
to Defendant.
This pleaagreementincludesthat I will be responsible
to pay Court costs,payment
of all costsand feesincurredfor legalassistance,
victim restitution,coffection(ail) feefor
anyjail time and all surcharges
and mandatorypunishments
(seeparagraphB) applicable
to my case.
G. I now stateto the Court that I am, in fact GUILTY of CountI and that no threatsor
promiseshavebeenmadeto induceme to entermy pleaof guilty. I havebeeninformed
that the elementsof the crime are: I knowingly and intentionally possessed^
controlled substanceunless such was obtained by valid prescription. If I am
chargedwith third offense,then an additionalelementis that I have beenpreviously
convictedof a violation of a crime in Chapter 124, 124A, l24B or 4538 of the lowa
Code. I understandthe natureof the chargeagainstme.
This offensewas committed by me in Sac County, Iowa by my doing the
following: I did on or about the 2"d dav of September2014 unlawfullv possess
Mariiuana. a scheduleI controlledsubstance.and in the State of Iowa I have two
prior convictionsfor Possession
of a ScheduleI ControlledSubstance.Mariiuana. In
Shelbv Countv Iowa I was convicted of Possession
of a ScheduleI Controlled
Substance.
Mariiuana in ShelbvCountv District Court. case# SRCR007935-Count
II on or about June 4. 2012. and I was convictedof Possession
of a ScheduleI
Controlled Substancein Shelbv Countv District Court. case#AGCR008071on or
aboutAugust12.2013.
I herebystatethat I submitthis written plea of guilty with full knowledgeand waiverof
my rights and I do so freelyand voluntarily. No threatshavebeenmadeagainstme to
obtainthis guilty plea. No promisesof leniencyor favorabletreatmenthavebeenmade,
exceptfor anypleabargaindisclosedto the Court at the time of this guilty plea.
WAIVER OF MOTION IN ARREST OF JUDGMENT
lf the Court acceptsmy pleaof guilty,I wishto be sentenced
now. I understand
that:
l. In order to contestthis plea of guilty, I must file a Motion in Arrest of Judgment
no later than 45 days after a plea of guilty and no later than 5 days prior to
pronouncement
ofjudgment,andthatthe Court will seta sentencing
datenot less
than fifteendaysafter the date of its acceptance
of this guilty plea unlessI waive
this right, and the right to file a Motion in Arrest of Judgmentwill be waivedby
havingthe Court imposea sentence
now.

E-FILED 2015 FEB 03 4:04 PM SAC - CLERK OF DISTRICT COURT

2. By havingthe Court imposemy sentence


now, I will neverbe ableto challenge
this
pleaof guilty andI will be givingup my right to directlyappealmy guilty plea.
I herebyrequestthe Court sentence
rne now and I waive any time to which I mav be
entitledfor sentencing
at a laterdate.
WAIVER OF RIGHT TO BE PRESENT
I have been fully advisedthat I have a constitutionalright to be presentat my
sentencingand presentevidenceir my own behalf. I understandthat it is my choiceto be
presentor not, andthat no one canexcludeme from sentencing.
With the abovein mrnd,and furtherunderstanding
that my decisionwhetherto be
presentor not is my own decision,I herebyknowinglyand voluntarilywaivethe right to
be presentat rny sentencing.

Defendant,Cody EmmettLister

bndant'sAttorney,CharlesSchultei

STATE OF IOWA
SS
SAC COLNTY
On this 3

day of

2015beforeme the undersigned,


a Notary Public

i n a n d f o r s a i d S t a t e , p eur p
so
{ tnr a
o l: lry" {C o J y
L ) st
{r,tome
knownto betheidenticalpersonnamedin andwhoex6cuted
theforegoing
instrument,
and
acknowledged
that he executedthe sameof his voluntaryllqtand dee{

NotaryPublicin and r the Stateof Iowa

.-s4(a^ChIAFLE$A $CHLILTE
t'iurnber
4
i2427
9'4, ? Commtssto'''

'#

"il.3fiff?lio-,j'

E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

AGCR012665
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND


SENTENCING ORDER

CODY EMMETT LISTER,


Defendant.
DATE:

February 4, 2015

CHARGE:

Possession of Marijuana, Third or Subsequent Offense, an


aggravated misdemeanor, in violation of Iowa Code 124.401(5)

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 sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Possession of Marijuana,
Third or Subsequent Offense, an aggravated misdemeanor, in violation of Iowa Code
124.401(5).
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In

E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

(6)

that event, the Court shall issue an order establishing the


restitution amount, with or without a hearing as the Court
deems appropriate; and
the court costs of this action, including court-appointed
attorney fees as certified by Mr. Schulte. The Court has
determined, by information presented by the parties, that
Defendant is able to pay court-appointed attorney fees.

Defendant shall pay all financial obligations owed to the Clerk of


Court of this county or online at www.iowacourts.gov. All such
financial obligations shall be paid in full by way of a plan of
payment developed by the probation officer.
b.

Defendant shall serve sixty (60) days in the county jail, with all of
this sentence suspended. Defendant shall be given credit for time
previously served.
In compliance with Iowa Code Section 356.7, Defendant
shall pay fees as later assessed for the room and board provided to
Defendant while in the custody of the Sheriff as a result of
Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being


suspended, Defendant is placed on informal probation to the Sac
County Probation Office (the Probation Supervisor) for a period of
one (1) year from the date of filing of this Order. Defendants
probation shall be on such terms and conditions that the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation


Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

d.

(3)

If Defendant becomes eligible for reinstatement of


Defendants drivers license during the term of probation,
Defendant shall take all steps necessary to obtain a valid
drivers license as soon as Defendant is eligible;

(4)

Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;

(5)

Defendant is prohibited from consuming or possessing


alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location;

(6)

If Defendant has not already done so, Defendant shall


undergo a substance abuse evaluation and follow any
recommendations for treatment or counseling made as a
result of the evaluation, all at Defendant's own expense. If
Defendant has not already done so, in order to provide proof
that Defendant has undergone the required evaluation,
Defendant shall procure from the substance abuse evaluator
a letter or written report which shall be filed with the Clerk
of this Court no later than 21 days from the date this Order
is filed; and

(7)

Defendant shall comply with all terms of this Order,


including paying all financial obligations and completing all
required tasks in a timely manner; and

Pursuant to Iowa Code Section 901.5(10), the Iowa Department of


Transportation (the IDOT) shall revoke Defendants drivers
license or motor vehicle operating privilege for a period of one
hundred eighty (180) days, or shall delay the issuance of a drivers
license for one hundred eighty (180) days after Defendant is first
eligible if Defendant has not been issued a drivers license. If
Defendants operating privileges are suspended or revoked at the
time of entry of this Order, the one hundred eighty-day (180-day)

E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

revocation period shall not begin until all other suspensions or


revocations have been terminated. The IDOT shall not issue a
temporary restricted license to Defendant during the revocation
period without further order by this Court.
3.
The Court imposes this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
7.
IT IS FURTHER ORDERED that Case No. SMCR012665 is dismissed upon
motion of the county attorney and pursuant to plea agreement. Costs are taxed to the
Defendant.

Clerk Shall Furnish Copies To:


County Attorney
Defense Counsel
County Sheriff
Probation Supervisor
Iowa Department of Transportation

E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
AGCR012665

Case Title
STATE VS CODY EMMETT LISTER
So Ordered

Electronically signed on 2015-02-04 15:51:05

page 5 of 5

E-FILED 2015 FEB 06 2:15 PM SAC - CLERK OF DISTRICT COURT