E-FILED 2015 MAR 15 8:28 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR S A c Q j l J f l t j ? J . C O U K j Or |QW,

CUUNiy
FILED

STATE OF IOWA,
Plaintiff,
Case N

WHARI6 AM 8:59

V5.

Defendant.

30*3

Defendant's Correct Address:

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ORDER ON INITIAL APPEARANCE

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Charges:
Upon review ofthe complaint and accompanying affidavits, the court finds:
_ That there is not probable cause to believe that the defendant has committed the offense(s) listed above and
the charge is dismissed.
Ip^That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
_ Simple Misdemeanor. This charge ordinarily carries a penalty of a fine of not less than $65 nor greater
than $625 and up to 30 days in jail, except in special cases where the minimum fine is $
_ Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed $1875
except in the case of possession of marijuana which carries a maximum fine of $1000 and first offense operating
while intoxicated which carries a minimum fine of $1250. In these cases a defendant can be sentenced to up to
one year in the county jail except for possession of marijuana which carries a maximum sentence of six months
in jail. In the cases of confiction for possession of marijuana or first offense operating while intoxicated there is a
minimum 48 hour jail sentence. Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred
judgment. Conviction of this offense will result in loss of your operators license for a period of
i and you cannot qualify for a work permit for

; days.

IplAggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greater than
$6250 except in the case of a conviction for second offense operating while intoxicated which carries a minimum
fine of $1875 and a maximum of $6250. In these cases a defendant can be sentenced to up to two years
imprisonment. In the case of a conviction for operating while intoxicated, second offense, there is a minimum
seven day jail sentence, and additionally, the defendant's driver's license shall be revoked for one year unless
the revocation is for test refusal in which case the mandatory revocation shall be for two years.
E l Felony, Class D: This charge ordinarily carries a fine of not less than $750 nor greater than $7500 except
in the case of third offense or greater operating while intoxicated which carries a minimum fine of $1875 and a
maximum of $6250. Defendant may also be sentenced to an indeterminate sentence oup to five years in prison.
In the case of a third offense operating while intoxicated there is a minimum 30 day jail sentence and a six year
license suspension.
_0 Felony, Class C: This charge carries a fine of not less than $1000 or greater than $10,000. Additionally, a
conviction carries an indefinite term of imprisonment not to exceed 10 years.
(H Felony, Class B: An indeterminate imprisonment not to exceed 25 years.
B Felony, Habitual Offender: An indeterminate term of imprisonment not to exceed 15 years.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof beyond a
reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you qualify. You
must fill out an application ifyou want court appointed counsel.
[_i MANDATORY SUBSTANCE ABUSE EVALUATION:
You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
NewOpportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW
State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL RESULT IN
INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL RELEASE.

TERMS OF RELEASE:
_ You will be released from custody prior to trial on your own promise to appear at all further court
proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a D Felony/Serious
Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of lowa and the United States.
0 Upon consideration of the factors in lowa Code section 811.2, the court is not reasonable assured that you
will appear at all court proceedings in the future and therefore the court imposes the following conditions on
your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your licens is suspended.
You must obey all laws of lowa and the United States.
You must post a

: bond in the ammount of $

S_JTie court determines that you pose a danger to public safety and therefore should be held without bond at
this time.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN REQUEST.

PRELIMINARY HEARING

lint/* "

Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient
evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the
Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County
Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
B Waived

m
reliminary Hearing
Hearing isisscheduled
scheduledon
on ftfy/JL
[fym.
Preliminary

M
& at '

: 30

j AM at the

30
' Minutes
in the magistrate courtroom.
If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before
attending this hearing to determine whether or not it will be held.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST
REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO
SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC
COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO
BE PHOTOGRAPHED AND FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990.
Persons who are hearing or speech impaired may call Relay lowa TTY (1-800-735-2942). Disability
coordinators cannot provide legal advice.
Copies to:
County Attorney
Defendant
Sac County Sheriff
IE) The Court has provided a copy to the Defendant

E-FILED 2015 MAR 23 9:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff

02811 SMCR012797

VS
CODY JAMES NOVOA DOMINO

ORDER

Defendant

This matter comes before the court for bond review. Following a discussion with the defendant, the
court determines that the bond that was said earlier in this matter should be reviewed and adjusted..
The court now determines that the defendant should be released on his promise to appear at all
further court proceedings. During such release he shall not consume any alcohol or illegal drugs and
shall obey all laws of the state of Iowa and the United States.

Copy Provided to Defendant

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E-FILED 2015 MAR 23 9:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012797
Type:

Case Title
STATE VS CODY JAMES NOVOA DOMINO
OTHER ORDER
So Ordered

Electronically signed on 2015-03-23 09:58:46

2 of 2

E-FILED 2015 APR 09 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA, PLAINTIFF

VS.
CODY JAMES NOVOA DOMINO

)
)
)
)
)
)
)
)

No. SMCR012797

APPEARANCE AND PLEA

OF NOT GUILTY
WAIVER OF SPEEDY TRIAL
REQUEST TO DELAY
PROCEEDINGS

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant and enters a plea on not
guilty herein and waives the right to speedy trial.
Inasmuch as this charge is a companion case to an indictable charge
(SRCR012696) Defendant requests the Court to delay further proceedings herein until the
underlying indictable charge is resolved.
Respectfully Submitted,
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2015 APR 09 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA, PLAINTIFF

VS.
CODY JAMES NOVOA DOMINO

)
)
)
)
)
)
)
)

No. SMCR012797

APPEARANCE AND PLEA

OF NOT GUILTY
WAIVER OF SPEEDY TRIAL
REQUEST TO DELAY
PROCEEDINGS

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant and enters a plea on not
guilty herein and waives the right to speedy trial.
Inasmuch as this charge is a companion case to an indictable charge
(SRCR012696) Defendant requests the Court to delay further proceedings herein until the
underlying indictable charge is resolved.
Respectfully Submitted,
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2015 APR 09 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA, PLAINTIFF

VS.
CODY JAMES NOVOA DOMINO

)
)
)
)
)
)
)
)

No. SMCR012797

APPEARANCE AND PLEA

OF NOT GUILTY
WAIVER OF SPEEDY TRIAL
REQUEST TO DELAY
PROCEEDINGS

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant and enters a plea on not
guilty herein and waives the right to speedy trial.
Inasmuch as this charge is a companion case to an indictable charge
(SRCR012696) Defendant requests the Court to delay further proceedings herein until the
underlying indictable charge is resolved.
Respectfully Submitted,
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2015 JUN 19 3:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)
STATE OF IOWA,

No. SMCR012797

Plaintiff,
v.

ORDER GRANTING DISMISSAL

CODY JAMES DOMINO,

Defendant.
This matter came before the Court on the States request for the complaint to
be dismissed pursuant to Rule 2.33.
The Court, upon reviewing the record and being advised in the premises,
FINDS the State informed the Court the interests of justice and judicial economy are
best served by dismissal of the complaint.
IT IS THEREFORE ORDERED that the complaint shall be and is dismissed
with costs to the Defendant.
IT IS FURTHER ORDERED that court costs in the amount of $60.00 are
assessed to defendant, which becomes past due if not paid within thirty (30) days of
this Order.

E-FILED 2015 JUN 19 3:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

DISMISSED PER COURT

Case Number
SMCR012797

Case Title
STATE VS CODY JAMES NOVOA DOMINO
So Ordered

Electronically signed on 2015-06-19 15:02:42

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