Professional Documents
Culture Documents
STATE OF IOWA
Plaintiff
vs
Summons or Citation
CODY EMMETT LISTER
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
POSS OF CONTROLLED SUBSTANCE/MARIJUANA 3RD OFFENSE
in violation of Section(s) 124.401(5) of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
10/13/2014 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).
INITIAL APPEARANCE
POSSESSION OF MARIJUANA
Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE MARIJUANA 3RD/SUBSEQ OFF
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
6 Months in the County Jail
2 Years Prison
And/Or $not less than $625 and not more than $6,250 plus 35% surcharge and court
costs
You will lose your driver's license for a period of 180 days.
1 of 3
4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
5.
You will be released from custody prior to trial on your own promise to appear at all further
court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a
serous misdemeanor, additionally:
Upon consideration of the factors in Section 811.2, the Court imposes the following conditions
on your release:
(1) You must not use any alcohol or illegal drugs during the pendency of this matter.
(2) You must obey all laws of Iowa and the U.S.
(3) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on 11/03/2014 at 11:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
Case Title
STATE VS CODY EMMETT LISTER
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
^/"Criminal
STATE OF IOWA or
Plaintiff/Petitioner,
vs.
Sac
NO.
/\ ac Jl a / J 6 # 5
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
L ) st
Cc r)y
Civil
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:
C e Ay
L i $ j
C r
Birth Date:
- ^ 0 7 ^ Cell Phone:
^ 0
S j ,
Pending charges:
P Q q C f_ S 9 ~. {) W
Q3/
9fJ
E-mail:
7
S , JI 7 k
Street/P.O. Box
$
Apt #
a
Q'y-y
City
J P ' A
State
3 T
!?CyZ3
Zip
P ) * f () C
How much money do you currently make before taxes or deductions? \^3t>D. o o per hour ^SCjnonth year
How much money have you made in the last 12 monthsfromany source, before taxes or deductions?
How many family members are supported by or live with you?
\ % ^ P P G - OCJ
If a spouse lives with you, how much money does your spouse make? ^ j / p e r
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:
t?
^
s
List amounts you pay monthly for mortgage 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.
Date 10 f i r
Signature
Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
CODY EMMETT LISTER ,
02811 AGCR012665
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 CODY EMMETT LISTER
ORDER APPOINTING
So Ordered
2 of 2
TRIAL INFORMATION
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in
the name and by the authority of the State of Iowa, accuses Defendant, Cody Emmett Lister of
the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,
THIRD OR SUBSEQUENT OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code
Section 124.401(5) committed as follows:
The said Defendant, Cody Emmett Lister, on or about September 2, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a
Schedule I Controlled Substance; to-wit: Marijuana in the amount of 1.1 grams, and Defendant
having previously been convicted of a drug related offense twice before, both involving
Marijuana, a Schedule I Controlled Substance.
A TRUE INFORMATION
Prosecuting Attorney
Case Number
AGCR012665
Case Title
STATE VS CODY EMMETT LISTER
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 3 of 3
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 11/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
AGCR012665
Case Title
STATE VS CODY EMMETT LISTER
So Ordered
page 2 of 2
12665
CRIMINALNO.AGC]RO
WRITTENARITAIGNMENT.
PI-EAOI-NOT GUIL1Y
Def'endant
DateTrial Informationfiled: l1/01/2014
criminalcaseand underoathstates:
in tlie abovc-captioned
COMES NOW the Def-endant
by AttorneyCharlesA, Schulte.rvhoseaddressand phonenumberare
l. I arnrepresented
421 Main St..PO Box 1j92.SacCit-y,IA. 50583;(712)662-4715.
2. My currentmailing and residcnccaddressanclphonenumberare207 S l l'l' St . Sac
My datcof birthis 05-03-1990.I
Cit).IA 50583.M1'phonenumberis: 712-253-4074.
the Iinglishlanguageandhavecompletedthe follorvinglevel ol'
canreadand understand
education:12 Years.
4. I havc been advisedby my attorneyand understandthat I have a right to amaignnient
in openCourt.and I voluntarilywaivethat right. choosinginsteadto sign this Written
that timesfor fu(her proceedings
Arraignmentand Pleaof Not Guilty. I understand
which arecomputedfrom the dateof arraignmentwill be computedfrom the dateof
liling this WrittenArraignmentand Pleaof Not Guiltl
5. I haverecciveda copy of the l'rial Informationwhich chargesmc with the crimeof
COUNT I: POSSESSIONOF A CONTROLLED SUBSTANCE' MARI.ITJANA
THIRD OF SUBSEQUENT OFFENSE' in violation of Iorva Codc Section
121.401(5).
6. With regardto thc nameby which I am chargedin the Trial lnibrmation(eitherchcck
"a" or checkand complete"b"):
./
6,$. m" nameon the Trial Inlbrmationis my true name. I havebeenadvised
that I am now precludedfrom objectingto thc Trial Inlbrmationuponthe
and understand
named.
groundthat I am in.rproperly
( )b. The namc shownon the Trial Informationis not my true uame. M1'true
nameis. I requestthat an entry bc madein the minutesshon'ingml true name. I have
r.villbc had againstme by that name.
beenadvisedand understandlurtherproceedings
is so
the Trial Intbrmationu'ill be arnendedaccordingly,and whenthe Trial Inlbrn.ration
namcd.
grounds
I
an.r
improperly
amended,I will be precludedfrom objectinguponthe
7. I havcbeenadvisedand undcrstandthat I may pleadguilty. not guilty or formcr
convictionor acquittal.
and(c).
(f)d I demand
to Rule2.33(2)(b)
speedy
trialpursuant
( ) b. I waive my right to a speedytrial pursuantto I{ule 2.33(2)(b) and (c).
11. I rcquestthat a trial datebe setpursuantto Rule 8.1 of the lo a Rttlesof C'riminal
Procetlure.My attorneyand I will be availablefor trial on the following days:Any
'l'ime.
Defendant.
The defendant having filed a written arraignment in this matter on November 17, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS CODY EMMETT LISTER
ORDER SETTING TRIAL
So Ordered
3 of 3
)
)
)
)
)
)
)
AGCR012665
MOTION TO SUPPRESS
EVIDENCE
Defendant.
Comes now the Defendant and for his motion to suppress evidence states:
1. On or about the 2nd day of September, 2014, the defendants residence at 207
S. 11th St., Sac City, IA was searched by law enforcement officers in Sac County,
Iowa, pursuant to a search warrant which issued at some time during the day of
August 26, 2014.
2. During the search various items of evidence as enumerated on the search
warrant return and inventory list were found.
3. There was no probable cause to believe that any criminal activity was occurring
on or about the premises at the time the warrant was issued or executed and there
was no probable cause to believe that the defendant was involved in any criminal
activity related to the issuance of the warrant.
4. The information giving rise to the issuance of the warrant referred to evidence
observed outside the residence six days before the issuance of the warrant and
12 days before the execution of the warrant.
5. The initial unwarranted search which gave rise to the warrant application and
issuance was performed without probable cause, thus tainting the warrant which
issued therefrom.
6.The warrant was stale at the time of its execution.
7. The search of the premises when there was no probable cause to believe that
the law was being violated at the time of the search and no probable cause to
believe that the defendant, Cody Emmett Lister, was engaged in criminal behavior
at the time the warrant was executed was contrary to the defendant's right to
privacy; his right to due process of law; his right to equal protection under the law
and in violation of his right to counsel and against self-incrimination, all in
violation of the 4th, 5th, 6th and 14th Amendments to the United States
Constitution, Article 1, Section 1, 8, 9 and 10 of the Constitution of the State of
Iowa and Chapter 808 of the Code of Iowa.
7. All evidence obtained from the illegal search of the subject premises and
property and all evidence flowing therefrom, including the results of laboratory
testing should be suppressed.
WHEREFORE, The Defendant moves the court to suppress all evidence obtained
from the illegal search of the subject residence and property on or about September 2nd,
2014, in Sac County, Iowa, as well as all evidence flowing therefrom.
Respectfully submitted,
/s/Charles A. Schulte
SCHULTE LAW FIRM, L C
421 Main St., Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
STATE OF IOWA,
Plaintiff,
vs.
The Court is in receipt of the Defendant's "Motion to Suppress" and the same should be set for
hearing.
IT IS ORDERED that a SUPPRESSION Hearing is scheduled on 01/07/2015 at 11:00 AM at the
Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Hearing shall take place in Courtroom 1.
One hour has been scheduled for said hearing.
IT IS FURTHER ORDERED that the pretrial conference shall convene immediately following the
hearing on the motion to suppress.
1 of 2
Case Title
STATE VS CODY EMMETT LISTER
ORDER SETTING HEARING
So Ordered
2 of 2
v.
CODY EMMET LISTER,
RESPONSE TO DEFENDANTS
MOTION TO SUPPRESS EVIDENCE
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and for its resistance to defendants motion to suppress evidence states the
following:
1.
On August 20, 2014, Chief John Thomsen of the Sac City Police
marijuana, third offense. Defendant was formally charged with the same crime
via Trial Information on November 3, 2014.
5.
become stale; rather, courts consider the nature of the crime being investigated
and the property to be searched. United States v. Stevens, 439 F.3d 983, 988
(8th Cir. 2006). Sgro v. United States, 287 U.S. 206, 210-11, 53 S. Ct. 138, 140,
77 L. Ed. 260 (1932) (staleness depends upon the totality of the circumstances of
the case).
7.
not just find sticks, stems, and seeds or the remnants of a solitary marijuana
cigarette in defendants trash; he found 38 semi-dried marijuana leaves. This
find, coupled with the fact that defendant, who was only twenty-four years old at
the time, had already been convicted twice of possessing controlled substances,
demonstrated that defendant possessed, ingested, and / or processed illicit
narcotics in his residence on an ongoing basis over a number of months.
10.
because some tools of the crime, like a firearm, were likely to remain in
defendant's home for long period of time).
11.
While admittedly not as fresh as the first dew of the morn, the
probable cause upon which the Sac City Police Departments search warrant
was based was certainly not stale. Andresen v. State, 24 Md. App. 128, 172, 331
A.2d 78, 106 (1975) aff'd, 427 U.S. 463, 96 S. Ct. 2737, 49 L. Ed. 2d 627 (1976).
12.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
AGCR012665
Plaintiff,
v.
RULING ON MOTION TO
SUPPRESS
Statement of Issues
Defendants written Motion challenged the existence of probable cause at the
time of the approval of the search warrant and the existence of probable cause at
the time of the execution of the search warrant. The State resists.
The Court has considered the arguments of the parties and the relevant
authority on the issues, and now issues this ruling.
FACTUAL BACKGROUND AND FINDINGS
The facts are not disputed. As alleged in the search warrant application, a
trash rip was conducted on August 20, 2014 from the Defendants residence. It had
been several months since the occupants of this residence placed their garbage at
the curb. Located in the trash were thirty-eight green leaves, five green stems, five
green and black seeds, a sharpie pen tube containing black residue and a Short
Staff card with the name of the Defendant. Based on the Officers experience the
items were believed to be marijuana. (The officers experience is not in question.)
The Defendants criminal history showed two convictions for possession of a
controlled substance. The officer waited six days to apply for a search warrant.
The warrant was executed seven days after the warrant was approved.
controlled substances. The nature and number of the items observed in the trash
rip support a finding of ongoing drug-related activities at the residence. The
warrant was executed seven days after it was issued. The Court finds probable
cause existed at the time of the execution of the warrant.
IT IS, THEREFORE, ORDERED that Defendants Motion to Suppress is
hereby denied. A pretrial conference and trial will be rescheduled by separate court
order.
OTHER ORDER
Case Number
AGCR012665
Case Title
STATE VS CODY EMMETT LISTER
So Ordered
page 4 of 4
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012665
ORDER OF CONTINUANCE
This matter is continued, Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
This matter is continued, Pretrial Conference is scheduled on 01/21/2015 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS CODY EMMETT LISTER
ORDER FOR CONTINUANCE
So Ordered
2 of 2
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court:
1.
follows: The defendant has agreed to plead guilty to Count 1 of the Trial
information, and the State has agreed to recommend or do the following: 1)
recommend that defendant receive a 60-day jail sentence with all but time
served, suspended; 2) that defendant be ordered to pay the minimum fine; that
defendant be placed on informal probation with the Sac County Probation
Office; and 4) dismiss the companion simple misdemeanor citation filed in
SMCR012666.
2.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
STATE OF IOWA,
02811 AGCR012665
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 02/04/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2
Case Title
STATE VS CODY EMMETT LISTER
OTHER ORDER
So Ordered
2 of 2
Date: 1/28/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
AGCR012665
No.
vs.
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
CODY EMMETT LISTER ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before February 9, 2015. If any objection is filed on or
before February 9, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 9, 2015, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS CODY EMMETT LISTER
OTHER ORDER
So Ordered
2 of 2
*
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GUILTY PLEA
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*
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Defendant,Cody EmmettLister
bndant'sAttorney,CharlesSchultei
STATE OF IOWA
SS
SAC COLNTY
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AGCR012665
Plaintiff,
v.
February 4, 2015
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 crime of Possession of Marijuana,
Third or Subsequent Offense, an aggravated misdemeanor, in violation of Iowa Code
124.401(5).
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
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
(6)
Defendant shall serve sixty (60) days in the county jail, with all of
this sentence suspended. Defendant shall be given credit for time
previously served.
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;
c.
(2)
d.
(3)
(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)
(6)
(7)
OTHER ORDER
Case Number
AGCR012665
Case Title
STATE VS CODY EMMETT LISTER
So Ordered
page 5 of 5