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E-FILED 2015 MAR 22 11:40 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 23 10:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA
Plaintiff

02811 SRCR012808

VS
JESSICA RENE GARDNER

ORDER

Defendant

The court does not find that this is an appropriate case for an arrest warrant in the first instance and
instead orders that the defendant be summoned to appear. If she fails to appear pursuant to that
summons than an arrest warrant shall issue.

1 of 2

E-FILED 2015 MAR 23 10:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered

Electronically signed on 2015-03-23 10:02:59

2 of 2

E-FILED 2015 MAR 24 9:29 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA
Plaintiff

Case No. 02811 SRCR012808

vs
Summons or Citation
JESSICA RENE GARDNER
Defendant

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
DRIVING WHILE LICENSE DENIED OR REVOKED
in violation of Section(s) 321J.21 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
04/06/2015 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 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012808
vs.
JESSICA RENE GARDNER ,
Defendant.
Defendant's Correct Address: 203 Byron St.,
Laurens, IA 50554

ORDER ON INITIAL APPEARANCE

Charges:
01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
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 and you cannot qualify for a
work permit for days.
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 if you want court appointed counsel.
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E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT

MANDATORY SUBSTANCE ABUSE EVALUATION:


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

PRELIMINARY HEARING
Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
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E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT

Preliminary Hearing is scheduled on 04/27/2015 at 10:00 AM at the Sac Co. Courthouse,


100 NW State St., Sac City, Iowa. 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 Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
Defendant
Sac County Sheriff

3 of 4

E-FILED 2015 APR 06 9:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2015-04-06 09:13:02

4 of 4

E-FILED 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. SRCR012808

TRIAL INFORMATION

JESSICA RENE GARDNER,


DOB: 02/01/1985,
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, Jessica Rene Gardner
of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER
321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:
The said Defendant, Jessica Rene Gardner, on or about March 2, 2015 in the County
of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while her Iowa
operators license was denied or revoked under Iowa Code Chapter 321J.
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 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. JESSICA RENE GARDNER


Criminal No. SRCR012808
COUNT I: Driving While License was Denied or Revoked Under Chapter 321J

NAMES OF WITNESSES:
BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT
OF TRANSPORTATION

E-FILED 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
SRCR012808

Case Title
STATE VS JESSICA RENE GARDNER

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 2015-04-24 15:38:08

page 3 of 3

E-FILED 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 SRCR012808


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

JESSICA RENE GARDNER ,

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 05/06/2015 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 2015 APR 24 3:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
SRCR012808

Case Title
STATE VS JESSICA RENE GARDNER
So Ordered

Electronically signed on 2015-04-24 15:38:09

page 2 of 2

FILED

2015 MY-6
Sac

IN THE IOWA DISTRICT COURT FOR


STATE OF IOWA or

0 9

COUNTY
Criminal

Plaintiff/Petitioner,

AM 9 ;

Civil

No. S\cfCKft fcgft


FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

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

Birth Date:

Home Phone:
Street Address:
Street/P.CC^ feox

Apt
. #

City
.

State

Pending charges
Do you have ajob? p<$!loJob

Zip

In Jail? Yes N o
Yes, Full Time

Yes, Part Time (List Hours/week:

___)

Who do you work for?


How much money do you currently make before taxes or deductions? 7

per hour ^SCmonth year


3

How much money have you made in the last 12 months from any source, before taxes or deductions? T *
. How many family members are supported by- or live with you?If a spouse lives with you, how much money does your spouse make?

hour month year

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

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

*ffi\
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.

E-FILED 2015 MAY 06 9:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
JESSICA RENE GARDNER ,

02811 SRCR012808
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

COPY PROVIDED TO DEFENDANT

1 of 2

E-FILED 2015 MAY 06 9:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
ORDER APPOINTING
So Ordered

Electronically signed on 2015-05-06 09:40:02

2 of 2

E-FILED 2015 MAY 06 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


No. SRCR012808
STATE OF IOWA,
Plaintiff,
WRITTEN ARRAIGNMENT
and PLEA OF NOT GUILTY
VS.

JESSICARENE GARDNER,
Defendant.
COMES NOW the Defendant in the above-captionedcriminal caseand under oath
states:
by CharlesSchultewhose addressand telephonenumber are:
1. I am represented
SchulteLaw Firm PC
CharlesSchulteAttorney at Law
PO Box 392
SacCity IA 50583
Telephone: (7 12) 662-4715

and telephonenumberare:
2.My currentmailing and residenceaddresses
JessicaReneGardner
203 Byron St

LaurensIA 50554

rerepho""'q-t+-

3l?-

fO 7

778L

3. I can read and understandEnglish lanpuageand have completedthe following


tc f a d elevel of education
| 2TL,
4. I have been advised by my attorney and understandthat I have a right to
arraignmentin open Court, and I voluntarily waive the right, choosinginsteadto sign
this Written Arraignmentand Plea of Not Guilty. I understandthat times for further
proceedingswhich are computed from the date of arraignmentwill be computed
from the dateof filing this Written Arraignmentand Pleaof Not Guilty.
5. I have receiveda copy of the Trial Informationwhich chargesme with the crime
of Driving While Licensewas Denied or RevokedUnder Chapter 321J.a Serious
Misdemeanorin violationof Iowa Code Section321J.21.
6. With regardto the name by which I am chargedin the Trial Information (either
check"a" or checkand complete"b"):
/
(W
The nameon the Trial Infbrmationis my true name. I have beenadvisedand
understandthat I am now precludedfrom objecting to the Trial Information
upon the groundsthat I am improperlynamed.
( ) b. The name shown on the Trial Infbrmationis not my true name. My true name

E-FILED 2015 MAY 06 11:02 AM SAC - CLERK OF DISTRICT COURT

. I requestthat an entry be made in the


minutes showing my true name. I have been advisedand understandfurther
proceedingswill be had againstme by that true name, the Trial Infbrmation
will be amendedaccordingly,and when the Trial Informationis so amended,I
will be precludedfrom objectingupon the groundsI am improperlynamed.
1S

7. I have advised and understandthat I may plead guilty, not guilty or former
convictionor acquittal.
8. For the purposeof this arraignment,I have had sufficienttime to discussmy case
with my attorfly,and I waive any further time in which to entera plea.
9. I pleadNOT GUILTY to the charge(s)in paragraph5 above.
10. I have beenadvisedand understandthat I have a right underRule 27(2)(b) of the
Iowa Rules oJ'Criminal Procedure to a trial within ninety days/oneyear after the
filing of the Trial Informationand (checkeither"a" or "b"):
f ltfu I demanda speedytrial pursuantto Rule 27(2)(b)and (c).
( ) b. I waive my right to a speedytrial pursuantto Rule 27(2)(b)and (c).
11. I requestthat a trial date be set pursuantto Rule 8.1 of the lowa Rules of
Criminal Procedure. My attorneyand I will be availablefor trial on the following
days:

Attorney for Defendant

STATE OF IOWA

iss

SACCOUNTY
)
a NotaryPublicin andfor
2015beforeme{re undersigned,
of
on thislaay
Yl qJ/
saidState,p..ro*tty ippr
, to me knownto bethe
thatsheexecuted
andacknowledged
theforegoinginstrument,
identicalpersonnamedin andwho executed
the sameof her voluntarvact and deed.

in and for

e Stateof Iowa

il

f'Ht

A.schfu-LTE.
cttARLES

124274
do,n*,*,onNumber

E-FILED 2015 MAY 06 11:20 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
JESSICA RENE GARDNER ,

Case No: 02811 SRCR012808


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

Defendant.
The defendant having filed a written arraignment in this matter on May 6, 2015.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/17/2015 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 07/21/2015 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 2015 MAY 06 11:20 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 2015 MAY 06 11:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-05-06 11:18:02

3 of 3

E-FILED 2015 JUN 17 3:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY



No. SRCR012808

STATE OF IOWA,
Plaintiff,
v.
JESSICA RENE GARDNER,

Defendant.


REPORT OF PRETRIAL CONFERENCE
AND REQUEST FOR A CONTINUANCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith, and
represents the following to the Court:
On June 17, 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 her attorney, Charles Schulte. The parties, represented through the
undersigned, jointly represent the pretrial conference be continued to allow counsel
the opportunity to contact the defendant.


STATE OF IOWA

___________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org

E-FILED 2015 JUN 18 9:58 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

Case No: 02811 SRCR012808

vs.

Pretrial Order

JESSICA RENE GARDNER ,


Defendant.

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
07/15/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Clerk to provide notice to counsel of record.

1 of 2

E-FILED 2015 JUN 18 9:58 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered

Electronically signed on 2015-06-18 09:56:10

2 of 2

E-FILED 2015 JUL 15 10:16 AM SAC - CLERK OF DISTRICT COURT

2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 SRCR012808
PLAINTIFF,
VS.
JESSICA RENE GARDNER ,

ORDER

DEFENDANT.
The Defendant failed to appear for the pretrial conference hearing scheduled
for July 15, 2015. A warrant should now issue for the Defendant's arrest to secure
her appearance for those proceedings.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:


1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.
Bond on that warrant shall be $1,000.00 cash only.
2. When the Defendant has been arrested and is available for the pretrial
conference proceedings, the State shall so notify the Court. The pretrial
conference hearing will then be rescheduled.

CLERK TO FURNISH COPIES TO:


BENJAMIN JOHN SMITH
CHARLES A SCHULTE
SAC COUNTY SHERIFF
1 of 2

E-FILED 2015 JUL 15 10:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered

Electronically signed on 2015-07-15 10:16:03

2 of 2

E-FILED 2015 JUL 21 9:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JUL 21 10:04 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

02811 SRCR012808
Plaintiff,

v.
ORDER
JESSICA RENE GARDNER ,
Defendant.

The Defendant failed to appear for pretrial conference and a warrant issued. The Defendant has been
secured on the warrant.
The Defendant is released on her promise to appear. Pretrial conference is set for August 5, 2015 at
9:30 a.m., Sac County Courthouse, Sac City, Iowa.

1 of 2

E-FILED 2015 JUL 21 10:04 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered

Electronically signed on 2015-07-21 10:03:50

2 of 2

E-FILED 2015 AUG 13 10:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY



No. SRCR012808

STATE OF IOWA,
Plaintiff,


REPORT OF PRETRIAL CONFERENCE

v.
JESSICA GARDNER,

Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith, and
represents the following to the Court:
On August 5, 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, Charles Schulte. The parties, through the undersigned,
represent to the Court that a plea agreement has been reached the terms of which
are as follows:
Defendant has agreed to plead guilty to Count 1 amended to failure to have a
valid drivers license, a violation of Iowa Code section 321.174(1), and pay a fine of
$200, plus a surcharge of $70, court costs of $60, and costs for her court appointed
attorney. In exchange for Defendants guilty plea, the State has agreed to dismiss the
companion citations filed in Sac County Case Nos. STA0022968 and NTA0022967.

STATE OF IOWA


___________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org

E-FILED 2015 AUG 13 4:23 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
No. SRCR012808
Plaintiff,
REQUEST FOR LEAVE OF
vs.
COURT TO AMEND TRIAL
INFORMATION
JESSICA RENE GARDNER,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:
Count I: FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE
OPERATING A MOTOR VEHICLE, a Scheduled Violation of Iowa Code Section
321.174(1.)
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on August 13, 2015,
by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[ ] Overnight Courier
[ ] Certified Mail
[x ] EDMS
Signature: /s/Norma Hecht

E-FILED 2015 AUG 14 9:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 SRCR012808
Plaintiff,
vs.

ORDER

JESSICA RENE GARDNER ,


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 08/19/2015 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 AUG 14 9:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered

Electronically signed on 2015-08-14 09:43:55

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E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. SRCR012808

AMENDED
TRIAL INFORMATION

JESSICA RENE GARDNER,


DOB: 02/01/1985,
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, Jessica Rene Gardner
of the crime FARILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING A
MOTOR VEHCILE, a Scheduled Violation of Iowa Code Section 321.174(1) committed as
follows:
The said Defendant, Jessica Rene Gardner, on or about March 2, 2015 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a public
roadway without a valid license or permit.
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 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
SRCR012808

Case Title
STATE VS JESSICA RENE GARDNER

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

Electronically signed on 2015-08-14 09:50:06

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E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No. SRCR012808
Plaintiff,
vs.
ORDER
JESSICA RENE GARDNER,
Defendant.
NOW, on this 14th day of August, 2015, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with Failure to Have a
Valid License or Permit While Operating a Motor Vehicle, a Scheduled Violation, in
violation of Iowa Code Sections 321.174(1).

Clerk to furnish copies to:


County Attorney
Defense Counsel

E-FILED 2015 AUG 14 9:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
SRCR012808

Case Title
STATE VS JESSICA RENE GARDNER
So Ordered

Electronically signed on 2015-08-14 09:50:06

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E-FILED 2015 AUG 19 10:01 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

02811 SRCR012808
Plaintiff,

v.
ORDER
JESSICA RENE GARDNER ,
Defendant.

The parties have reached an agreement and the charges have been amended to simple
misdemeanors. This matter is remanded to magistrate court for further proceedings. The Clerk shall
provide a copy of this Order to the magistrate.

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E-FILED 2015 AUG 19 10:01 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
SRCR012808
Type:

Case Title
STATE VS JESSICA RENE GARDNER
OTHER ORDER
So Ordered

Electronically signed on 2015-08-19 10:00:29

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E-FILED 2015 AUG 21 3:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA,
Plaintiff
Vs.
JESSICA RENE GARDNER,
Defendant

)
)
)
)
)
)

SRCR012808
GUILTY PLEA AND
JUDGMENT ENTRY

__________________________________
This matter came before the Court, which upon reviewing the record and being
advised in the premises FINDS and ORDERS:
1. That the State informed the Court that Defendant, through her attorney, Charles
Schulte, has agreed to plead guilty to Failure to have a valid license or permit
while operating a motor vehicle in violation of Iowa Code Section 321.174(1).
2. That the Trial Information has been amended to provide that defendant is now
charged with Failure to have a valid license or permit while operating a motor
vehicle in violation of Iowa Code Section 3210174(1), and by Court Order dated
August 19, 2015, this matter was remanded to the Magistrate Court.
3. That Defendant is adjudged guilty of Failure to have a valid license or permit
while operating a motor vehicle in violation of Iowa Code Section 321.174(1).
4. That the Defendant shall pay a scheduled fine of $200.00, plus 35% surcharge in
the amount of $70.00, court costs in the amount of $100.00, and court appointed
attorney fees; to be paid by paying $50.00 per month with the first payment due
on the 1st day of October, 2015.

E-FILED 2015 AUG 21 3:34 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
SRCR012808

Case Title
STATE VS JESSICA RENE GARDNER
So Ordered

Electronically signed on 2015-08-21 15:34:42

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