Sei sulla pagina 1di 37

E-FILED 2014 OCT 20 2:33 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 20 2:09 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 27 9:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012673
vs.
CODY D HOFFMAN ,
Defendant.

INITIAL APPEARANCE
POSSESSION OF MARIJUANA

Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE
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
Years Prison
And/Or $fine from $315 to $1,000 plus 35% surchage and court costs
You will lose your driver's license for a period of 180 days days.

1 of 3

E-FILED 2014 OCT 27 9:19 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 11/17/2014 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

E-FILED 2014 OCT 27 9:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012673
Type:

Case Title
STATE VS CODY HOFFMAN
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-10-27 09:19:09

3 of 3

DISTRICT COURT OF IOWA


SAC COUNTY
FILED

20WOCT27 AM 10: 16
Sac

IN THE IOWA DISTRICT COURT FOR

COUNTY

X Criminal

STATE OF IOWA or
Plaintiff/Petitioner,

Civil

No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

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

rTJCt^i

HomePhone: ~7>?~ ^ )

BirthDate:

5"99^/ CellPhoneT^

E-mail:

Street Address:
iStreet/f.o. BOX
3 Zoo n ^ p l x _ 4<-C
Pending charges: Po9&$\>i\

op- dogtrot'l-c{

Do you have ajob?

J&Yes, Full Time

No Job

Who do you work for? ( Y \ / \ r \ r l

Apt#
City
2I ,
'<

State,,

ftph

S<y ksA*oc<- / p<zfMph<*n> 't >

Zip

Jail? Yes No

Yes, Part Time (List HoursAveek:

/~/<gC/V/C

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

per B^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? _ o
If a spouse lives with you, how much money does your spouse make?

z
*~\ '

per >El hour month year

List all other money you, or anyone else living in your household, has coming in: (&

fcj~/S<t4

los\^<Llts~/

List what you own including money in^banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $ 1003

Ljlstamounts youpay monti^for mortgages^ent, car loans, credit cards, child support, or any other debtsT 1/0

c^u \j

SuPPort-

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
Rev. 1/6/12

CUf

E-FILED 2014 OCT 27 10:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
CODY D HOFFMAN ,

02811 SRCR012673
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 27 10:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012673
Type:

Case Title
STATE VS CODY HOFFMAN
ORDER APPOINTING
So Ordered

Electronically signed on 2014-10-27 22:50:14

2 of 2

E-FILED 2014 NOV 21 9:57 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 SRCR012673


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

CODY D HOFFMAN ,

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 12/03/2014 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 21 9:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
SRCR012673

Case Title
STATE VS CODY HOFFMAN
So Ordered

Electronically signed on 2014-11-21 09:58:32

page 2 of 2

E-FILED 2014 NOV 21 9:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. SRCR012673

TRIAL INFORMATION

CODY DWAINE HOFFMAN,


DOB: 09/22/1988
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 Dwaine
Hoffman of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED
SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section
124.401(5) committed as follows:
The said Defendant, Cody Dwaine Hoffman, on or about October 19, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a
controlled substance, to-wit: 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 21 9:58 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. CODY DWAINE HOFFMAN


Criminal No. SRCR012673
COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MARK HEINO, MARIJUANA EXAMINER, CARROLL IOWA POLICE
DEPARTMENT-MARIJUANA TESTING LABORATORY

E-FILED 2014 NOV 21 9:58 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
SRCR012673

Case Title
STATE VS CODY HOFFMAN

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 2014-11-21 09:58:32

page 3 of 3

E-FILED 2014 DEC 03 11:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOURTFOR SACCOUNTY


STATEOF IOWA.

CRIMINALNO. SRCROI2673

Vs.

WRITTENARRAIGNMENT.

CODYD. HOFFMAN

PLEAOFNOT GL]]I-TY

Del-endant
DateTrial Intbrmationfiled:
criminalcascand underoathstates:
in tl.reabove-captioned
CIOMESNOW the Def-endant
and phonenumberare
l. I am reprcscuted
bl Attornel'CharlcsA. lichulte.whoseadclrcss
421 Main S1..PO Box i92. Sacr ir1.iA. 5u58i: (7i2) 662-17i5.
2. My curent mailing and residenceaddressand phonenumberare 811 lthica Ave..
is: 712-2915994.My dateof birth is 09-22Spirit Lake. IA 51360. Ml phonenur.nber
the Englishlanguageand havecompletedthe follorving
1988. I canreadand understand
levelol education:l2 Years.
that I havea right to arraignment
4. I havebecnadvisedb] m.vattorne)andunderstand
in openCour1.and I voluntarill rvaivcthat right, choosinginsteadto sign this Written
proceedings
that timesfor fur1l.rer
Arraignmentand Pleaof Not Guilty. I understand
which ale computedfrom the dateof arraignmentwill be computedfrom the dateof
filing this Written Anaignmentand Pleaof Not Guilty.

5. I havereceiveda cop-vof thc Trial Informationwhich chargesn.reu'ith the crime of


COUNT I: POSSESSIONOF A CONTROLLED SUBSTANCE,MARIJUANA in
violation of Iowa Code Section124.401(5).
6. With regardto the nameby rvhichI am chargedin thc lrial Information(eithercheck
"a" or chcckandcomplctc"b"):
-a'

niin)eon the l'rial Informationis my truc name. I havc beenadvised


t l{lnc
that I anr nou prccludedfrom objcctingto the'l'rial Inlbrrnationuponthe
end unde'rstan,l
groundthat I am irnproperl-vnan.red.
( )b. The nameshon'non thc'l rial Intbrmalionis not mv true name. My true
nameis. I rcquestthat an cr.rtrlbe madein thc minutesshowingml true namc l have
ivill be had againstme by that nanre.
beenadvisedand understandfurtherproceedings
is so
and rvhenthe Trial lnlbrmatior.r
amended
accordingly.
the Trial Informationwill be
r"rpon
the groundsI am ilnproperlynamed.
amended,I will bc precludedfrom ob.iecting
that I ma.vpleadguilty. not guilty or former
7. I havebeenadvisedand understand
convictionor acquittal.

E-FILED 2014 DEC 03 11:25 AM SAC - CLERK OF DISTRICT COURT

I havehad sullicienttinreto discussmy casewith


8. For the purposeof this arraignment.
m.vattorney.and I waive any furtherlime in which to entera plea.
9. I pleadNOT GUILTY to thc chargesin paragraph5 above.
that I havea right underRule 2.33(2)(b)ofthe
10. I havebeenadvisedand understand
Iov,a RuLe.s
o/ Criminal Procetlureto a trial within ninet-vdays/oneyear after the filing of
the Trial lnformationand (checkeither"a" or "b"):
( ) a. I demandspeedytrial pursuantto Rule 2.33(2)(b)and (c).
./.
([,zfb. I rvaivemy right to a speedytrial pursuantto Rule 2.33(2)(b) and (c).
1l. I requesttlrata trial datebe setpursuantto Ruic 8.i of the Ir.,u,cRuiesof Crimintti
Procedure.M)' attorncyand I will be availablefbr trial on the lbllowing days:An"v
Time.

'rnev
fbr Defendar.rt
Orisinal to be filcd rvith Clerk of Court
Copl' provided to:
Count) Attorney

E-FILED 2014 DEC 03 11:34 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
CODY D HOFFMAN ,

Case No: 02811 SRCR012673


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

Defendant.
The defendant having filed a written arraignment in this matter on December 3, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 DEC 03 11:34 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 DEC 03 11:34 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012673
Type:

Case Title
STATE VS CODY HOFFMAN
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-12-03 11:34:36

3 of 3

E-FILED 2015 JAN 22 6:38 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Case No. SRCR012673

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

CODY DWAINE HOFFMAN,


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 agreed to plead guilty to Count 1 of the Trial Information,
and the State agreed to recommend or do the following: 1) that defendant
receive a 30-day jail sentence, with all but the time defendant has already
served, suspended; 2) that defendant pay the minimum fine; 3) that defendant
be placed on informal probation through the Sac County Probation Office; and
move to dismiss the companion simple misdemeanor citation filed in
SMCR012674 with costs to defendant.
2.

The defendant intends to submit a written guilty plea by February

4, 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 10:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 SRCR012673
Plaintiff,
vs.

ORDER

CODY D HOFFMAN ,
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 10:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012673
Type:

Case Title
STATE VS CODY HOFFMAN
OTHER ORDER
So Ordered

Electronically signed on 2015-01-22 10:18:01

2 of 2

E-FILED 2015 JAN 28 12:10 AM SAC - CLERK OF DISTRICT COURT

Date: 1/27/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

SRCR012673

No.
vs.

CODY HOFFMAN
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___1/27/2015_____________________
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 10:57 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 SRCR012673

vs.
CODY D HOFFMAN ,

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 D HOFFMAN

1 of 2

E-FILED 2015 JAN 28 10:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012673
Type:

Case Title
STATE VS CODY HOFFMAN
OTHER ORDER
So Ordered

Electronically signed on 2015-01-28 10:56:47

2 of 2

E-FILED 2015 FEB 04 11:55 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff / Petitioner,
vs.

02811 SRCR012673
ORDER OF CONTINUANCE

CODY D HOFFMAN ,
Defendant / Respondent.

Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Hearing is scheduled on 02/18/2015 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 FEB 04 11:55 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012673
Type:

Case Title
STATE VS CODY HOFFMAN
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2015-02-04 11:55:07

2 of 2

E-FILED 2015 FEB 05 9:20 AM SAC - CLERK OF DISTRICT COURT

TNTHE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


No. SRCR012673

STATEOFIOWA.
Plaintiff

GUILTY PLEA
SERIOUSMISDEMEANOR _
CONTROLLED SUBSTANCE

CODYDWAINE HOFFMAN.
DOB: 0912211988
Defendant.
COUNT I
Defendant,havecarefullyreadand fully understandthe following:
l, the undersigned
I am charged with POSSESSIONOF MARIJIJANA, A SCHEDULE I CONTROLLED
SUBSTANCE,FIRST OFFENSE,in violationof Iowa Code Section124.401(5),a Serious
andI herebyrequestthat my pleaof guiltyto the chargebe enteredof record.
Misdemeanor,
A. The maximumpunishmentfor this crimeis:
. For the first offense,imprisorunentof not more than six monthsin jail, and a fine of not
plus all court costs and all costsand fees
more than $1,000.00plus statutorysurcharges,
incurred for legal assistance. The surchargesinclude a 35% surcharge,a $125 Law
EnforcementInitiative Surchargeand a $10.00DARE surcharge.There is a minimumfine of
$315.00,which is irnmediatelydue on the date of senten.ing;unlessa payrnentplan is
approvedby the court within thirty daysof the Judgmentdate. The Court will also order the
to revokeIowa driver's licensefor 180 days. This is in
Iowa Departmentof Transportation
or revocationof driving privilegesI am presentlyserving. The
additionto any suspension
is a SeriousMisdemeanor.
of ControlledSubstance
crimeof FirstOffensePossession
. In addition, for any Possessionof Controlled Substanceconviction the Court shall
considerand may order denial of certain Federaland comparableState benefits,such as
studentloans,grants,contracts,professionalor cofitmerciallicense. This does not include
retirement,welfare, Social Security,health,disability,veteran'sbenefits,public housingor
similarbenefits.
. I will be required to pay colrectional fees for incarcerationand enrollmentfees for
probation. I am awarethat sentencingoptionsmay includedefenalof sentenceof judgment,
imposed.
of sentence
the grantof probationandthe suspension
. I understandI may be required to completea substanceabuseevaluationat my own
expense.If ordered,I wiil providethe evaluationto the CourtbeforeI am sentenced.
. The Court may order me to participatein a reality educationsubstanceabuseprevention
program.
. The Court may order restitutionto any victim of my offense. In addition,the Court may
order restitution up to $500 each to any public agency (fire-fightitg, law enforcement,

E-FILED 2015 FEB 05 9:20 AM SAC - CLERK OF DISTRICT COURT

medicalor any other emergencyservices)which respondedas a result of rny


ambulance,
violation.
B. I understandthat a crfuninalconviction,defened judgment or deferredsentencemay
affectmy statusunderfederalimrnigrationlaws.
C. If I pleadnot guilty, I would be entitledto the following rights. I give up theserightsby
pleadingguilty:
(l). The right to a speedyandpublictrial by a jury of twelvepeople.
(2). The right to havean attorneyrepresentme at trial and,if the Court found I was unableto
me.
appointan attorneyto represent
affordan attorney,the Courtwould, at publicexpense,
my
(3). At trial, I would be presumedinnocentuntil suchtime, if ever,the Stateestablished
doubt.
guilt beyonda reasonable
(4). At trial, a jury verdictof guilty wouldhaveto be unanimous.
that is, I cannotbe forcedto
(5). At trial, I would havethe privilegeagainstself-incrimination,
testifli,and if I choosenot to testify,the Statemay not commenton the fact of my failureto
testiff and, at my request,I would be entitledto a jury instructionstatingthat the jury could
not infer guilt from my failureto testif,.
(6). At trial, the Statewould have to confrontme with witnessesupon whosetestimonyit
reliedto obtainconviction,andI would havethe right to crossexaminethosewitnesses.
(1). At trial, I would be entitled to presentwitnessesto testiff on my behalf and 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 detenliningwhetherthereis a factualbasisfor this pleaof guilty,maymake
such a determinationby exarniningthe Minutes of Testimony attachedto the Trial
Information,by reviervingthe investigativereportsof law enforcementagentswho have
investigatedthe offense,or by askingme or counselto recite and summarizethe material
factsthat would be olftred at trial.
madebetweenthe State
The Courl hasthe discretionto acceptor rejectany pleaagreement
of Marijuana.a
guilty
Possession
plead
to
will
is:
I
plea
agreement
and rnyself. The
ScheduleI Controlled Sirbstance.First Offense. in violation of Iowa Code Section
jail time is 30 days.all of whichwill
The recornmended
a SeriousMisderneanor.
124.401(5).
tv Probation
I nrobationto the
ded. I will be nlacedon i
bes
in the amountof
will
t
entrv
date.
I
fi'om
r'
the
Ju
o
a oeriod
w Entbrcernent
.25.nlusthe $125.
harsein the amount
3 1 5 . 0 0t.h e 3 5 9
court costs.and court appointedattorney
the S10.00DARE surcharge.
InitiativesLrrcharge.
tv StandardP
nt nlan o
: to be oaid as aDDr'
n November25
AbuseEvaluation
t. I will comnlvwith the
reco
tment
was
umanServices.whi
4 fronrSouthwestHea
that the lowa Departmentof Transportationwill revekeIowa driver's licensefor a
understancl
the county attorneywill reconunend
period of 180 days. Pursuantto the plea agreement.
to Defendant.
with court costsassessed
complaintSMCRO12674.
of the compAnion
dismissal

E-FILED 2015 FEB 05 9:20 AM SAC - CLERK OF DISTRICT COURT

to pay court costs,paymentof uff


This pleaagreementincludesthat I will be responsible
restitution,
colrection fiail) fee for anyjail
victim
costsand feesincurredfor legal assistance,
(seeparagraphB) applicableto my case.
andmandatorypunishments
time andall surcharges
and that no threatsor promiseshave
in
fact
GUILTY
I now stateto the Court that I arn,
beenmadeto induceme to enterrny pleaof guilty. I havebeeninfonnedthat the elementsof
a controlledsubstance,to-wit:
the crimeare: I did knowingly or intentionallypossess
Marijuana, a ScheduleI ControlledSubstance,unlesssuch was obtained by valid
the natureof the chargeagainstme.
prescription. I understand
This offense\\'ascommittedby me in SacCounty Iowa by my doing the following: I did on
Mariiuana.in/at 2700mile of Hwv M43 in SacCountv
or about October19. 2014possess
Iowa.
I herebystrte that I subrnitthis writtenplea of guilty with fulI knowledgeand waiverof my
rights and I clo so fieely and voluntarily. No tlueatshavebeenmadeagainstme to obtainthis
guilty plea. No promisesof leniencyor favorabletreatrnenthavebeenmade,exceptfor anyplea
to the Couft at the timeof this guiltyplea.
bargaindisclosccl
F. If the Court acceptsrny pleaof guilty,I real:ze:
(l) The Court will set a sentencingdate not lessthan fifteen days after the date of its
of this guilty pleaunlessI waivethis right. In orderto contestthis pleaof guilty,I
acceptance
must file a i\4otionin Alrest of Judgrnentat leastfive daysprior to sentencing.The right to
file a Motirrn in Alrest of Judgrnentwill be waivedby havingthe Court imposea sentence
todav.
this pleaof guilty,
today,I will neverbe ableto challenge
(2). If the Cor,rrtimposesa sentence
andI will l,e giving up nry right to directlyappealrny guilty plea.
I askthe Corrrtto acceptthis pleaof guilty. I waivetheprecedittgrightsandmy right to have
the Courtaddressme personally.
WAIVBR OF MOTION IN ARREST OF JUDGMENT
that:
now. I understand
lf the Coult acceptsmy pleaof guilty,I wishto be sentenced

1 . ln orclcr1ocontestthis plea of guilty,I mustfile a Motion in Arrest of Judgmentno later


of
than 45 days after a plea of guilty and no later than 5 daysprior to pronouncement
judgment,and that the Court will set a sentencingdatenot lessthan fifteendaysafter the
of this guilty plea unlessI waive this right, and the right to file a
date of its acceptance
now.
will be waivedby havingthe Court imposea sentence
Motiorrin fu'restof .ludgrnent
thispleaof
now, I will neverbe ableto challenge
2 . By hai'ingthe Courl irnposemy sentence
guiltyandI rvill be givingup my rightto directlyappealmy guiltyplea.
lne now and I waiveanytime to which I maybe entitled
I herebyrequestthe Court sentence
for sentencilgat a laterdatc.

E-FILED 2015 FEB 05 9:20 AM SAC - CLERK OF DISTRICT COURT

\\/AIVER OF RIGHT TO BE PRESENT


I havcbeettfully advisedthat I havea constitutional
right to be presentat my sentencing
andpresentevidenccin my own behalf.{ understand
that it is my choiceto be presentor not, and
thatno onecanexcludernefiom sentencing.
With llrc abovein ntind,and furtherunderstanding
that my decisionwhetherto be present
or not is rny ori,rtclccision,I herebyknowinglyandvoluntarilywaivethe right to be presentat my
sentencing.

CharlesSchulte

STATEOF IOWA
SACCOUN'I'\'

ontlri,;
4

ant'sAttorney

)
) S S
)

-auvor *,IL

2ot5before me the unders

a NotaryPublic

in and for sairlSta[c,personallyappear.d


(- O.l
to me known ''r bc the iderrticalpersonnamedin and
executed
the foregoing
acknowledsetjthat hc executedthe sarneof his voluntaryact anddeed.

ublic

of lowa

q' SCHULTE
.-$rtt
e^ CHARTES
!. Commiss
124274
;. i rrlumber
9'A
'.W
ExPires
commrssion
MY
't6Fg,il0Ji.Z
December

-,)
and

E-FILED 2015 FEB 05 2:31 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

SRCR012673
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND


SENTENCING ORDER

CODY HOFFMAN,
Defendant.
DATE:

February 5, 2015

CHARGE(S):

Possession of Marijuana, a serious 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(s) 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(s) is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Possession of Marijuana 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 $315.00;
(2)
a 35% surcharge of $110.25;
(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)
the court costs of this action, including court-appointed
attorney fees. 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 pursuant to a payment
plan to be developed by the probationary supervisor.

E-FILED 2015 FEB 05 2:31 PM SAC - CLERK OF DISTRICT COURT

b.

Defendant shall serve thirty (30) days in the county jail, with all
days of the sentence suspended. Defendant shall be given credit
for time previously served.

c.

As a condition of a portion of Defendants sentence being


suspended, Defendant is placed on informal probation to the Sac
County Probation Officer (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;

(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 or, attending school


full-time, 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;

E-FILED 2015 FEB 05 2:31 PM SAC - CLERK OF DISTRICT COURT

d.

(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)
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

E-FILED 2015 FEB 05 2:31 PM SAC - CLERK OF DISTRICT COURT

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 Nos. SMCR012674 are 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 05 2:31 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
SRCR012673

Case Title
STATE VS CODY HOFFMAN
So Ordered

Electronically signed on 2015-02-05 14:31:14

page 5 of 5

E-FILED 2015 FEB 06 1:11 PM SAC - CLERK OF DISTRICT COURT