SRCR012912 PDF

E-FILED 2015 AUG 14 4:54 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2015-9291
Filed with Court Clerk (cc: CA)
Arrest Date: 08/14/2015
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
BACHMAN
ANTHONY
JON
Suffix
Address
City
State
Zip Code
650 N STATE RD LOT 18
LAKE VIEW
IA
51450-7301
Date of Birth
Gender
Race
Ethnicity
6/4/1969
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
Weight
Eye Color
Hair Color
State
Height
IA
BLUE - BLU
OFFENSE
State Local
Code Section
Crime Description
Class
321J.21
DRIVING WHILE LICENSE DENIED OR REVOKED
SRMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
D054/350TH ST AND M068/PERKINS AVE

Address
City
State
D54 AND PERKINS AVE
WALL LAKE
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
08/14/2015
Upper Date Range
Incident Time or Low Range
Zip Code
51450
Upper Time Range
01:38
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
drive a motor vehicle while his (her) motor vehicle license was denied or revoked under Iowa Code Chapter 321J
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On 8/14/15 at approximately 1:38 hours, I, Deputy Cudaback was on routine patrol 1/2 mile West of Perkins Ave on Hwy D54. I observed a Red Chevy
Equinox IA LIC# 718WNJ which was expired 6/15. I then initiated my emergency lights and stopped the Chevy. I identified the driver/ owner of the
vehicle as Anthony Bachman. Sac County Communciation center advised that Bachman was revoked reference OWI test failure and Possession of
Controlled Substance.
CUDABACK, TORY
Signature of Complainant or Officer, Officer Name & Number
Printed At
SAC COUNTY SHERIFF'S OFFICE
8/14/2015
4:52 AM
Page 1
of 2
Form #:
2015-9291
81-5
GENERAL PROBABLE CAUSE
Defendant Implicated
02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS
Operating Motor Vehicle in County
Other Physical Evidence
Attempted To Inflict Injury
Sac - 81
OWI
OWI
BAC on Datamaster
DCI Lab Screen Positive for Drugs
Field Sobriety Tests Refused
Number of Offense
1 - FIRST OFFENSE
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
KAREN KIME
Commission Number
777584
My Commission Expires
03/21/2016
SAC COUNTY SHERIFF'S OFFICE
08/14/2015
Signature of Verifying Party
Peace Officer
8/14/2015
4:52 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
2015-9291
E-FILED 2015 AUG 14 4:12 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012912
vs.
ANTHONY JON BACHMAN ,
Defendant.
ORDER ON INITIAL APPEARANCE
Charges:
01 - 708.2(2) - ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS
02 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED
2 Serious Misdemeanors so the penalties are X 2
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
$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 and
first offense operating while intoxicated which carries a minimum fine of $1,250. 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 conviction 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 operator's 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.
1 of 4
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
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 reasonably 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 license is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the amount 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.
2 of 4
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Preliminary Hearing is scheduled on 09/01/2015 at 10:15 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
The Court has provided a copy to the Defendant
3 of 4
State of Iowa Courts

Case Number
SRCR012912
Type:
Case Title
STATE VS ANTHONY JON BACHMAN
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-08-14 16:12:17
4 of 4
DISTRICT-COUrt i UF IOWA
SAC COUNTY
TILED
2015 AUG !7 AH 9: 18
Rule 2.32 - Form 1: Financial Affidavit and Application for Appointment of Counsel
In the Iowa District Court for
f~)CLC J
County
State of Iowa or
Plaintiff/Petitioner,
Financial Affidavit and Application for

Appointment of Counsel
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: l\ il
Ci f \
/VV*'}
Home phone:
Date of birth: ^ / Z f f / ^ C J
phone:
Street address: l~STO
A) .
Street/P.O.Box
Pending charges:
h C S ^ VI r
Do you have ajob?
No job
Who do you work
for?
L f ? l 11
Q r , \ , A f ,
t
I
Apt#
V
^ H
City
u \ \ J f
.W
h k
'State
J l f e f o l n a i l ? Yes (3 No
Yes, full time^ C^Yes, part time (list hours per week:
C A j
Zip
/ iL
\ *
per hour^d month year
How much money do you currently make, before taxes or deductions?
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 live with you?
{J
If a spouse lives with you, how much money does your spouse make?
A)/
' r per hour month year
List all other money you, and anyone else living in your household, has coming in:
JP
'^tf^flT}
List what you own. including money in banks, cars^trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, and any other debts:
z on _ / <rW. i tcHtj**
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
>/^///r
Signature
* 6 "t-f J
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
02811 SRCR012912
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.

The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
SRCR012912
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2
THE STATE OF IOWA,

PLAINTIFF
Vs.
ANTHONY JON BACHMAN
DEFENDANT
)
)
)
Crim No.SRCR012912
)
) Appearance and Waiver of
) Preliminary Hear
)
)
)
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884
Original filed
Copy to: County Attorney
E-FILED 2015 SEP 28 10:21 AM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
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 10/07/2015 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

Type:
ORDER FOR ARRAIGNMENT
Case Number
SRCR012912
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
No. SRCR012912
Plaintiff,
v.
TRIAL INFORMATION
ANTHONY JON BACHMAN,

DOB: 6-4-1969
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, ANTHONY JON BACHMAN (Defendant) of the
crime of ASSAULT USING A DANGEROUS WEAPON, an Aggravated
Misdemeanor in violation of Iowa Code section 708.2(3), committed as
follows: Defendant, on or about August 13, 2015, in Sac County, Iowa,
did an act which was intended to cause pain or injury and/or result in
physical contact which was insulting or offensive and/or place Mark
Blunk in fear of an immediate physical contact which would have been
painful, injurious, insulting or offensive to Mark Blunk. Defendant had
the apparent ability to do the act. Defendants act caused a bodily injury
to Mark Blunk.
COUNT II
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, ANTHONY JON BACHMAN (Defendant) of the
crime of DRIVING WHILE LICENSE DENIED OR REVOKED, a Serious
Misdemeanor in violation of Iowa Code section 321J.21(1), committed as
follows: Defendant, on or about August 13, 2015, in Sac County, Iowa,

drove a motor vehicle was his license was suspended, denied, revoked, or
barred.
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:
MICHELLE PEDERSEN, Peace Officer, Lake View Police Department
TORY CUDABACK, Deputy Sheriff, Sac County Sheriffs Office
KIM SNOOK, Director of Office of Driver Services, Iowa DOT
MARK BLUNK, Victim

Type:
Approval of Trial Information
Case Number
SRCR012912
Case Title
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
E-FILED 2015 OCT 06 10:21 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 OCT 06 10:21 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 OCT 06 1:31 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
vs.

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on October 6, 2015.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 11/18/2015 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 12/15/2015 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

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

Case Number
SRCR012912
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2015 NOV 18 11:27 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
No. SRCR012912
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On November 18, 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 an agreement has been reached, the
terms of which are as follows:
1.
Defendant has agreed to plead guilty to count one amended to serious
assault, a serious misdemeanor, and pay costs and the minimum fine.
2.
The State has agreed to dismiss count two and dismiss the Trial
Information filed in SRCR012958.

3.
Defendant intends to waive presence at sentencing and the time to
waive time between plea and sentencing.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org
E-FILED 2015 NOV 18 1:18 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
02811 SRCR012912
Plaintiff,
vs.
ORDER

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 12/02/2015 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

Case Number
SRCR012912
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
vs.
CRIMINAL CAUSE NO. SRCR012912
AMENDED TRIAL INFORMATION

COUNT I

DOB: 06/04/1969
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, Anthony Jon Bachman
of the crime of ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS, a Serious
Misdemeanor in violation of Iowa Code Sections 708.1(2) and 708.2(2) committed as follows:
The said Defendant, Anthony Jon Bachman, on or about August 14, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully assault Mark Blunk causing bodily
injury or mental illness.
A TRUE INFORMATION
Sac County Attorney, Benjamin John Smith
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

Type:
Approval of Trial Information
Case Number
SRCR012912
Case Title
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

STATE OF IOWA,
No. SRCR012912
Plaintiff,
REQUEST FOR LEAVE OF
vs.
COURT TO AMEND TRIAL
INFORMATION- Count I
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 Count I the amended charge
of: ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS, a Serious
Misdemeanor in violation of Iowa Code Sections 708.1(2) and 708.2(2).
5. A copy of the amended and substituted Trial Information for Count I is submitted to
the Court.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.
Sac County Attorney, Benjamin John Smith
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 November 23, 2015
by:
[ ] U.S. Mail
[ ] Fax
[ ] Certified Mail
[x ] EDMS
Signature: /s/Norma Hecht

STATE OF IOWA,
Case No. SRCR012912
Plaintiff,
vs.
ORDER
Defendant.
NOW, on this 23rd day of November, 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 Assault Causing
Bodily Injury or Mental Illness, a Serious Misdemeanor, in violation of Iowa Code
Sections 708.1(2) and 708.2(2).
Clerk to furnish copies to:

County Attorney
Defense Counsel

Type:
OTHER ORDER
Case Number
SRCR012912
Case Title
So Ordered
page 2 of 2
E-FILED 2015 DEC 03 2:04 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 SRCR012912
ORDER OF CONTINUANCE

Defendant / Respondent.
Upon oral application of defense counsel to continue guilty plea hearing and with agreement of the
State of Iowa:
This matter is continued, Hearing is scheduled on 12/16/2015 at 9:00 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 DEC 03 2:04 PM SAC - CLERK OF DISTRICT COURT

Case Number
SRCR012912
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2015 DEC 16 10:36 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
02811 SRCR012912
Plaintiff,
vs.
ORDER

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 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
E-FILED 2015 DEC 16 10:36 AM SAC - CLERK OF DISTRICT COURT

Case Number
SRCR012912
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2016 JAN 11 10:17 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 SRCR012912
ORDER OF CONTINUANCE

Defendant / Respondent.
Defendant did not appear for guilty plea hearing and did not file a written plea of guilty. Hearing will be
continued at the request of the parties.
This matter is continued, Hearing is scheduled on 01/20/2016 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

Case Number
SRCR012912
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
STATEOF IOWA,
Plaintiff,
VS.
ANTHONYJON BACHMAN.
DOB: 0610411969
Defendant.
*
*
No. SRCR0l29l2
GUILTY PLEA. COUNT I
I, the undersigned
Defendant,havecarefullyreadand fully understand
the following:
COUNT I
A. I am chargedwith ASSAULT - USING A DANGEROUS WEEAPON, an Aggravated
Misderneanor
in violationof Iou,a CocleSection708.2(3). In conjunction
with a Plea
Agreementrnadewith the SacCountyAttorneywherebyhe willamendCountI to a chargeof
ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS, in violationof Iowa
CodeSections708.1(2)and 708.2(2),a SeriousMisderneanor;
I now requestthatmyplea of
not guilty be changedto a Pleaof Guilty to the amendedchargeof ASSAULT CAUSING
BODILY INJURY OR MENTAL ILLNESS, in violationof Iowa CodeSections708.1(2)
and708.2(2),a SeriousMisdemeanor
B . The maximumpunishmentfor a SeriousMisdemeanoris irnprisonment

of not more than one
year in jail, and a fine of not more than $1,875.00plus statutorysurcharges,
plus all court
costsandall costsand feesincumedfor legalassistance.
Thereis a minimumfineof $315.00,
plus a 35o%surchargein the amountof $110.25,which is irnmediately
due on the dateof
sentencing,
unlessI requesta paynent planwitliin thirly daysof the Judgmententrydate. ln
a d d i t i o ni f, t l r ec h a r g e
i s a v i o l a t i oonf C o d eS e c t i o n s1 ,2 4 , 1 5 5 A , 4 5 3 8 , 7 1 3 , 7 1 4 , 7 1 5 4 , 7 1 6 ,
Law Enforcement
Initiativesurcharge
of
719.8,725.1,725.2
or 725.3,thereis an additional
and enrollment
$125. In addition,I rnaybe requiredto pay corectionalfeesfor incarceration
feesfor probation. I arn awarethat sentencing
optionsrnayincludedeferralof Judgmentand
Sentence,
the grantof probationandthe suspension
of the sentence
irnposed.
C . I understand
that a criminalconviction,defbnedjudgrnentor defenedsentence
may affectmy
statusunderfbderalirnnrigration
laws.
D . If I pleadnot guilty, I would be entitledto the following rights. I give up theserights by

pleadingguilty:
(l). The rightto a speedyandpublictrialby a jury of twelvepeople.
(2). The right to havean attorneyrepresentrneat trial and,if the Court foundI wasunableto
affordan attorney,the Court would, at publicexpense,
appointan attorneyto representme.
(3) At trial, I would be presumedinnocentuntil suchtime, if ever;the Stateestablished
my
guilt beyonda reasonable
doubt.
(4). At trial, a jury verdictof guilty would haveto be unanimous.
(5). At trial, I would havethe privilegeagainstself-incrirnination,
that is, I cannotbe forced
to testify,and if I choosenot to testi$r,the Statemaynot commenton the fact of my failureto
testifyand, at my request,I would be entitledto a jury instructionstatingthat thejury could
not inferguilt frorn rny failureto testify.
(6). At trial, the Statewould haveto confrontme with witnessesupon whosetestimonyit

reliedto obtainconviction,andI would havethe right to crossexaminethosewitnesses.
(7). At trial, I would be entitled to presentwitnessesto testi$r on my behalf and to
processto securethosewitnesses.
compulsory
E. By pleadingguilty,tlterewill not be a trial of anykind. By pleadingguilty,I waivemy right to
trial, andwill be treatedas if I hadbeentried andfoundguilty by a jury.
F. The Court, in deterrniningwhetherthereis a factualbasisfor this plea of guilty, may make
such a determinationby examiningthe Minutes of Testimony attached to the Trial
Information,by reviewing the investigativerepofts of law enforcementagentswho have
investigated
the offense,or by askingme or counselto reciteandsummaizethematerialfacts
tliat would be offbredat trial.
The Courl ltasthe cliscretion
to acceptor rejcctany pleaagreement
madebetweenthe State
and myself. The plea agreementis: The County Attornelrwill amendCount I to Assault
CausingBodily Injury or Mental Illnessa SeriousMisdemeanor.
and I will pleadguilty to the
amendedcharge. I will be sentenced
to serve30 daysin the SacCountlrJail.all of whichwill
be suspended
with credit for time served. I will be placedon informalprobationto the Sac
CountyProbationOfficer fbr a periodof one yearfron'rthe Judgrnententry. I will pay a fine
in thearnountof $315.00.plusthe 350%
sr"rrcharge
inthe arnountof $110.25.courtcosts.and
court appointedattorneyfees:to be paid as set out in the pa-lnnent
plan approvedin the Sac
County ProbationAgreement. As parl of the plea agreernentthe County Attorney will
recomrnend
disrnissal
of CountII of thc TrialInforrnation
anddisrnissal
of SacCountyDistrict
Courtcriminalcause#SRCR0l2958.
rvithcourtcostsassessed
to the defendant.
This plea agreementincludesthat I will be responsible
to pay court costs,paynnent
of all
costsand feesincunedfor legalassistance,
victirnrestitution,corection (ail) fee for anyjail
timeandall surcharges
(seeparagraphB) applicableto my case.
andmandatorypunishrnents
I now stateto the Court that I am, in fact GUILTY andthat no threatsor promiseshavebeen
madeto induceme to entermy pleaof guilty. I havebeeninforrnedthat the elementsof the
crimeare:A personcommitsassaultby, without justification,commitsany act which is
intendedto causepain or injury to, or which is intendedto result in physicalcontact
which will be insulting or offensivcto another, coupledwith the apparent ability to
executethe act, and did causea bodily injury to the victim. I understand
thenatureof the
charge
against
me.
This offensewas committedby me in SacCountv"Iowa by my doing the following: On
or about the 13thdav of Ausust 2015 at Dixie Land Trailer Court. 650 North State
Road"# 4. Lake View. I did assaultMr. Mark Blunk. without iustification.bv hittins
Mr. Mark Blunk in the faceand causinsbodilviniury to Mr. Mark Blunk.
I herebystatethat I submitthis writtenpleaof guilty with fullknoivledgeand waiverof rny rights
and I do so freely and voluntarily. No threatshavebeenmadeagainstme to obtainthis guilty
plea. No promisesof leniencyor favorabletreatmenthavebeenmade,exceptfor anypleabargain
disclosedto the Court at the time of this guilty plea.
G. If the Courl acceptsrny pleaof guilty,I realize:
(l) The Court will set a sentencingdate not less than fifteen days after the date of its
acceptance
of this guilty pleaunlessI waivethis right. In orderto contestthis pleaof guilty,I
must file a Motion in Arrest of Judgrnentat leastfive daysprior to sentencing.The right to

file a Motion in Arrest of Judgmentwill be waivedby havingthe Court imposea sentence
today.
(2). If the Court irnposesa sentence
today,I will neverbe ableto challengethis pleaof guilty,
andI will be givingup my right to directlyappealrny guilty plea.
i askthe Court to acceptthis pleaof guilty. I waivetheprecedingrightsandmy right to have
the Courtaddressme nersonallv.
WAIVER OF MOTION IN ARREST OF JUDGMENT
that:
now. I understand
If the Court acceptsmy pleaof guilty,I wishto be sentenced
no later
l. [n orderto contestthis pleao1'guilty,I mustfile a Motion in Arrestof Judgment
than 45 days after a plea of guilty and no later than 5 daysprior to pronouncenentof
judgment,and that the Court will set a sentencing
datenot lessthan fifteendaysafterthe
of this guilty plea unlessI waive this right, and the right to file a
date of its acceptance
now.
Motionin Arrestof .Iudgment
willbe waivedby havingthe Courtimposea sentence
thispleaof
now, I will neverbe ableto challenge
2. By havingthe Courl imposemy sentence
guiltyandI willbe givingup rlryrightto directlyappealmy guiltyplea.
I herebyrequestthe Courl sentenceme now and I waive any time to which I may be entitled
for sentencing
at a laterdate.
WAIVER OF RIGHT TO BE PRESENT
I havebeenfully advisedthat I havea constitutionalright to be presentat rny sentencing
that it is rny choiceto be presentor not, and
andpresentevidencein my own behalf. I understand
that no onecanexcludeme from sentencing.
that my decisionwhetherto be present
With the abovein mind, and furtherunderstanding
or not is my own decision,I herebyknowinglyandvoluntarilywaivethe right to be presentat my
sentencing.
thonyJon Baclunan
Attorneyfor Defendant,CharlesSchulte
STATEOFIOWA
SACCOUNTY
a NotaryPublicin andfor said
2015beforemc theundersignecl,
On this | / a^v of 9*^
State,personallyappeared T--T"tho^f
n,
, to me known to be the
[3o, [,
e^
the
t at he executed
personnamedin andwho executed
thy'foregoing
instrumcnt,
andacknowle_dged
identical
sameof his voluntaryact and deed
NotaryPublic in and for the Stateof Iowa
W=

STATE OF IOWA,
SRCR012912
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

Defendant.
DATE:
January 20, 2016
CHARGE:
Count I: Assault Causing Bodily Injury, a serious misdemeanor, as

amended, in violation of Iowa Code 708.1(2) and 708.2(2)
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 $315.00;
(2)
a 35% surcharge of $110.25;
(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)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
(5)
restitution amount, with or without a hearing as the Court

deems appropriate; and
the court costs of this action.
Defendant shall pay all financial obligations owed to the Clerk of

Court of this county or online at www.iowacourts.gov. All such
financial obligations shall be paid in full on or before the 30th day
following the filing of this Order. If the financial obligations are not
paid in full within 30 days of filing of this Order, it may be
considered a violation of this Order and the terms of Defendants
probation. In addition, pursuant to Iowa Code Section 602.8107, a
failure to pay in full within 30 days may result in this case being
assigned to the Centralized Collection Unit of the Iowa Department
of Revenue or its designee to collect the debts owed to the Clerk of
Court. In the event this matter is assigned for collection, additional
fees may be imposed pursuant to law;
b.
Defendant shall serve thirty (30) days in the county jail. This
sentence is suspended in its entirety. Defendant shall be given
credit for time previously served. The County Sheriff shall
designate the appropriate county jail facility.
In compliance with Iowa Code Section 356.7, Defendant
shall pay fees as later assessed for the room and board provided to
Defendant while in the custody of the Sheriff as a result of
Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue; and
c.
As a condition of Defendants sentence being suspended,

Defendant is placed on informal probation for a period of one (1)
year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions 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, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;
(5)
Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner.
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.
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 sum of $2,000.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
7.
IT IS FURTHER ORDERED that Count II of the Trial Information as well as
Sac County Case No. SRCR012958 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

Type:
OTHER ORDER
Case Number
SRCR012912
Case Title
So Ordered
page 4 of 4
E-FILED 2016 JAN 22 12:29 PM SAC - CLERK OF DISTRICT COURT

SRCR012912 PDF

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

SRCR012912 PDF

Caricato da

Copyright:

Formati disponibili

E-FILED 2015 AUG 14 4:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 2015-9291

Filed with Court Clerk (cc: CA)

Arrest Date: 08/14/2015

Submitted to County Attorney

THE STATE OF IOWA

650 N STATE RD LOT 18

NOT OF HISPANIC ORIGIN - N

DRIVING WHILE LICENSE DENIED OR REVOKED

D054/350TH ST AND M068/PERKINS AVE

D54 AND PERKINS AVE

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

E-FILED 2015 AUG 14 4:54 AM SAC - CLERK OF DISTRICT COURT

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2015 AUG 14 5:04 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 AUG 14 4:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2015 AUG 14 4:12 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 AUG 14 4:12 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 AUG 14 4:12 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-08-14 16:12:17

Financial Affidavit and Application for

Street address: l~STO

Do you have ajob?

Who do you work

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

' r per hour month year

E-FILED 2015 AUG 17 12:47 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Attorney Charles Schulte, a contract attorney, is appointed.

E-FILED 2015 AUG 17 12:47 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-08-17 12:47:44

E-FILED 2015 AUG 20 10:11 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

/s/Charles A. Schulte AT0007137

E-FILED 2015 SEP 28 10:21 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 SRCR012912

ANTHONY JON BACHMAN ,

Clerk to provide notice or copies to:

E-FILED 2015 SEP 28 10:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

ORDER FOR ARRAIGNMENT

Electronically signed on 2015-09-28 10:22:06

E-FILED 2015 SEP 28 10:22 AM SAC - CLERK OF DISTRICT COURT