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02811 FECR012898
VS
ALEXANDRIA MARIE PRATT
ORDER
Defendant
A summons shall first issue in this matter and if the defendant does not appear then an arrest warrant
shall issue with the normal bond requirements.
1 of 2
Case Title
STATE VS ALEXANDRIA MARIE PRATT
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA
Plaintiff
vs
Summons or Citation
ALEXANDRIA MARIE PRATT
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
THEFT 2ND DEGREE
in violation of Section(s) 714.2(2) of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
08/11/2015 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.
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).
STATE OF IOWA
02811 FECR012898
Plaintiff
vs.
ORDER
ALEXANDRIA MARIE PRATT
Defendant
BE IT REMEMBERED this matter came before the Court on application for issuance of a
warrant.
THE COURT FINDS that the defendant is currrently in custody in Buena Vista County facing
multiple cjarges
IT IS THEREFORE ORDERED that a warrant shall issue for her arrest on the pending charges
with the normal bond provisions.
1 of 2
Case Title
STATE VS ALEXANDRIA MARIE PRATT
OTHER ORDER
So Ordered
2 of 2
Rule 2.32 - Form 1: Financial Affidavit and Application for Appointment ofCounsel
In. the Iowa District Court for
County
Plaintiff/Petitioner,
^^FILED^ ^
vs.
Defendant/Respondent
In support ofmy application for appomtment of counsel, and under penalty of perjury, the nnderaigned states:
Name:
Dateofbirth:
Home phone:
Cellnhone: l i t ' ^
^ H ^ :
^hCltm\\-CW
Street address:
StreetfP.O.Box
Pending ^
"
Apt*
^
City
StateZip
Doyouhaveajob? ^ No job DYes, full time Yes, part time (list hour3per week:
How much money have you made ia tho last 12 months from any source, before taxes ox deductions?
How many family members are supported by or live with yon? C)
If a spouse lives with you, how much money does your spouse make? ^ |
ffi
List all other money you, and anyone else Irving in your household, has coming m: \V\f)"Vto'Cj?
List what you own, including money in banks, cars, trucks., other vehicles, land, houses, buildings, cash, or anything
else worthmorethan $100:
_____
List amounts you pay monmlyformortgages, rent, car loans, credit cards, child support, and any other debts: t^Cfr^Fj
I understand I may he required tq 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 malce In this application are true, and that I
am unable to pay for an attorney to represent me.
STATE OF IOWA,
PLAINTIFF,
VS.
ALEXANDRIA MARIE PRATT ,
02811 FECR012898
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.
1 of 2
Case Title
STATE VS ALEXANDRIA MARIE PRATT
ORDER APPOINTING
So Ordered
2 of 2
Respectfully submitted,
MACK, HANSEN, GADD, ARMSTRONG
& BROWN, P.C.
By: /s/Andrew J. Smith____________
Andrew J. Smith
316 East Sixth Street
PO Box 278
Storm Lake, Iowa 50588-0278
(712)732-3538
andy@mhgab.com
No. FECR012898
Plaintiff,
v.
TRIAL INFORMATION
A TRUE INFORMATION
______________________
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
Witness List:
Tim Laney, Owner of Lake View Redemption Center
Chad Schlepp, Owner of Lake View Foods
Rob Germann, Owner of Jamboree Foods
Steve Kimmes, Owner of lake View Country Store
Royce Kemmann, Peace Officer, Lake View Police Department
Central Bank Custodian of Records
Case Number
FECR012898
Case Title
STATE VS ALEXANDRIA MARIE PRATT
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 4 of 4
STATE OF IOWA,
Plaintiff,
vs
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 11/04/2015 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.
Case Number
FECR012898
Case Title
STATE VS ALEXANDRIA MARIE PRATT
So Ordered
page 2 of 2
Amount of
Loss
$1076.79
$240.00
Deductible
$n/a
$n/a
Restitution
Amount
$1076.79
$ 240.00
Amount of
Loss
$228.81
$60.00
Deductible
$n/a
$n/a
Restitution
Amount
$228.81
$ 60.00
Amount of
Loss
$336.10
$210.00
Deductible
$n/a
$n/a
Restitution
Amount
$336.10
$210.00
$546.10
Victim Name/Address:
LAKE VIEW REDEMPTION CENTER & LIQUOR
PO BOX 684
LAKE VIEW IA 51450
Type of Loss
Financial Damages- 4 returned checks non-sufficient funds/account closed
Miscellaneous Financial Loss- Merchant Fee 4 checks at $30 each
Amount of
Loss
$671.82
$120.00
Deductible
$n/a
$n/a
Restitution
Amount
$671.82
$120.00
Amount of
Loss
$978.03
$180.00
Deductible
$n/a
$n/a
Restitution
Amount
$978.03
$180.00
$4101.55
2.
3.
Respectfully submitted,
MACK, HANSEN, GADD, ARMSTRONG
& BROWN, P.C.
By:/s/Andrew J. Smith_____________
Andrew J. Smith
316 East Sixth Street
PO Box 278
Storm Lake, Iowa 50588-0278
(712)732-3538
andy@mhgab.com
2.
3.
5.
6.
7.
8.
9.
10.
Respectfully submitted,
MACK, HANSEN, GADD, ARMSTRONG
& BROWN, P.C.
By: /s/Andrew J. Smith____________
Andrew J. Smith
316 East Sixth Street
PO Box 278
Storm Lake, Iowa 50588-0278
(712)732-3538
andy@mhgab.com
STATE OF IOWA ,
Plaintiff(s),
vs.
The Court is in receipt of Defendant's Request for Disclosure of Evidence and Motion for
Discovery and the same should be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 11/04/2015 at 9:00 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS ALEXANDRIA MARIE PRATT
ORDER SETTING HEARING
So Ordered
2 of 2
Defendant.
The defendant having filed a written arraignment in this matter on November 2, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/16/2015 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 01/26/2016 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.
The warrant issued August 6, 2015 is cancelled with any costs to Defendant
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
2 of 3
Case Title
STATE VS ALEXANDRIA MARIE PRATT
ORDER SETTING TRIAL
So Ordered
3 of 3
Defendant.
The defendant having filed a written arraignment in this matter on November 2, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/16/2015 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 01/26/2016 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.
The warrant issued August 6, 2015 is cancelled with any costs to Defendant
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
2 of 3
Case Title
STATE VS ALEXANDRIA MARIE PRATT
ORDER SETTING TRIAL
So Ordered
3 of 3
02811 FECR012898
Plaintiff,
v.
ORDER
ALEXANDRIA MARIE PRATT ,
Defendant.
The parties have reached an agreement regarding discovery. The hearing scheduled for this date is
cancelled.
1 of 2
Case Title
STATE VS ALEXANDRIA MARIE PRATT
OTHER ORDER
So Ordered
2 of 2
No. FECR012898
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
ALEXANDRIA PRATT,
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On or around November 2, 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, Andy Smith. The parties,
through the undersigned, represent to the Court that an agreement has been
reached, the terms of which are as follows:
1.
information, theft in the second degree, a class D felony, and pay restitution.
2.
concurrent with that entered in the District Court for Buena Vista County, Case
No. FECR043629. Copies of the plea agreement and guilty plea filed in the Buena
Vista County case are attached hereto.
3.
request that the Court order a pre-plea PSI or use the PSI prepared in the Buena
Vista County so Defendant can be sentenced immediately after the court accepts
her guilty plea.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org
E-FILED
E-FILED
20152015
OCT NOV
26 3:05
04 PM
1:33BUENA
PM SAC
VISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
20152015
OCT NOV
26 3:05
04 PM
1:33BUENA
PM SAC
VISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
20152015
OCT NOV
26 3:05
04 PM
1:33BUENA
PM SAC
VISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
E-FILED
E-FILED
2015 OCT
2015 28
NOV
10:40
04 1:33
AM BUENA
PM SACVISTA
- CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT
COURT
STATE OF IOWA,
Plaintiff,
02811 FECR012898
vs.
ALEXANDRIA MARIE PRATT ,
ORDER SETTING
GUILTY PLEA
Defendant.
Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing is
scheduled on 12/16/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
In the event Defendant wishes to be sentenced immediately following guilty plea and use the PSI to
be completed in her Buena Vista case, the Defendant shall file a copy of the Buena Vista PSI with the
Court.
1 of 2
Case Title
STATE VS ALEXANDRIA MARIE PRATT
ORDER TO ACCEPT PLEA
So Ordered
2 of 2
STATE OF IOWA,
02811 FECR012898
Plaintiff,
vs.
ORDER
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 01/06/2016 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
Case Title
STATE VS ALEXANDRIA MARIE PRATT
OTHER ORDER
So Ordered
2 of 2
No. FECR012898
Plaintiff,
v.
That on December 16, 2015, this matter came before the Court for
That Defendant did not appear for the plea hearing because Defendant
was and has been incarcerated in the Iowa Correctional Institution for Women in
Mitchellville, Iowa following her conviction in Buena Vista County District Court
No. FECR0436629, for crimes similar to those in the instant case.
3.
Smith, has agreed to plead guilty to count one amended to theft in the third
degree, an aggravated misdemeanor, and has agreed to pay restitution.
4.
herein run concurrent with that imposed in the aforementioned case out of
Buena Vista County.
5.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org
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
Case Number
FECR012898
Case Title
STATE VS ALEXANDRIA MARIE PRATT
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
page 2 of 2
OTHER ORDER
Case Number
FECR012898
Case Title
STATE VS ALEXANDRIA MARIE PRATT
So Ordered
page 2 of 2
STATE OF IOWA,
02811 FECR012898
Plaintiff,
vs.
ORDER
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 02/03/2016 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
Case Title
STATE VS ALEXANDRIA MARIE PRATT
OTHER ORDER
So Ordered
2 of 2
FECR012898
Plaintiff,
v.
CHARGE:
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 above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge of $218.75;
(3)
court-appointed attorney fees. The Court has
determined, by information presented by the parties, that
Defendant is able to pay court-appointed attorney fees;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in favor of Lake View Foods in the amount of
$1,316.79, in favor of Jamboree Foods in the sum of
$288.81, in favor of Wall Lake County Store in the sum of
$546.10, in favor of Lake View Redemption Center & Liquor
in the sum of $791.82, and in favor of Food Pride in the sum
of $1,158.03; and
(6)
the court costs of this action.
3.
The Court grants 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.
The Court publicly announced and/or hereby publicly announces that
Defendants term of incarceration may be reduced from the maximum sentence
because of statutory earned time, work credits, and program credits and that
Defendant may be eligible for parole before the sentence is discharged.
5.
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.
6.
Appeal Bond is set in the sum of $5,000.00, cash or surety.
7.
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.
OTHER ORDER
Case Number
FECR012898
Case Title
STATE VS ALEXANDRIA MARIE PRATT
So Ordered
page 4 of 4