Professional Documents
Culture Documents
INITIAL APPEARANCE
POSSESSION OF MARIJUANA
Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE
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
Years Prison
And/Or $fine from $315 to $1,000 plus 35% surchage and court costs
You will lose your driver's license for a period of 180 days 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 11/17/2014 at 10:00 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 HOFFMAN
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
20WOCT27 AM 10: 16
Sac
COUNTY
X Criminal
STATE OF IOWA or
Plaintiff/Petitioner,
Civil
No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty ofperjury, the undersigned states:
Name:
rTJCt^i
HomePhone: ~7>?~ ^ )
BirthDate:
5"99^/ CellPhoneT^
E-mail:
Street Address:
iStreet/f.o. BOX
3 Zoo n ^ p l x _ 4<-C
Pending charges: Po9&$\>i\
op- dogtrot'l-c{
No Job
Apt#
City
2I ,
'<
State,,
ftph
Zip
Jail? Yes No
/~/<gC/V/C
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 Kve with you? _ o
If a spouse lives with you, how much money does your spouse make?
z
*~\ '
List all other money you, or anyone else living in your household, has coming in: (&
fcj~/S<t4
los\^<Llts~/
List what you own including money in^banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $ 1003
Ljlstamounts youpay monti^for mortgages^ent, car loans, credit cards, child support, or any other debtsT 1/0
c^u \j
SuPPort-
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
Signature
Rev. 1/6/12
CUf
STATE OF IOWA,
PLAINTIFF,
VS.
CODY D HOFFMAN ,
02811 SRCR012673
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 HOFFMAN
ORDER APPOINTING
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
vs
CODY D HOFFMAN ,
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 12/03/2014 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
SRCR012673
Case Title
STATE VS CODY HOFFMAN
So Ordered
page 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 Dwaine
Hoffman of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED
SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section
124.401(5) committed as follows:
The said Defendant, Cody Dwaine Hoffman, on or about October 19, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a
controlled substance, to-wit: Marijuana, A Schedule I Controlled Substance.
A TRUE INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MARK HEINO, MARIJUANA EXAMINER, CARROLL IOWA POLICE
DEPARTMENT-MARIJUANA TESTING LABORATORY
Case Number
SRCR012673
Case Title
STATE VS CODY HOFFMAN
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
CRIMINALNO. SRCROI2673
Vs.
WRITTENARRAIGNMENT.
CODYD. HOFFMAN
PLEAOFNOT GL]]I-TY
Del-endant
DateTrial Intbrmationfiled:
criminalcascand underoathstates:
in tl.reabove-captioned
CIOMESNOW the Def-endant
and phonenumberare
l. I am reprcscuted
bl Attornel'CharlcsA. lichulte.whoseadclrcss
421 Main S1..PO Box i92. Sacr ir1.iA. 5u58i: (7i2) 662-17i5.
2. My curent mailing and residenceaddressand phonenumberare 811 lthica Ave..
is: 712-2915994.My dateof birth is 09-22Spirit Lake. IA 51360. Ml phonenur.nber
the Englishlanguageand havecompletedthe follorving
1988. I canreadand understand
levelol education:l2 Years.
that I havea right to arraignment
4. I havebecnadvisedb] m.vattorne)andunderstand
in openCour1.and I voluntarill rvaivcthat right, choosinginsteadto sign this Written
proceedings
that timesfor fur1l.rer
Arraignmentand Pleaof Not Guilty. I understand
which ale computedfrom the dateof arraignmentwill be computedfrom the dateof
filing this Written Anaignmentand Pleaof Not Guilty.
'rnev
fbr Defendar.rt
Orisinal to be filcd rvith Clerk of Court
Copl' provided to:
Count) Attorney
Defendant.
The defendant having filed a written arraignment in this matter on December 3, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 HOFFMAN
ORDER SETTING TRIAL
So Ordered
3 of 3
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 agreed to plead guilty to Count 1 of the Trial Information,
and the State agreed to recommend or do the following: 1) that defendant
receive a 30-day jail sentence, with all but the time defendant has already
served, suspended; 2) that defendant pay the minimum fine; 3) that defendant
be placed on informal probation through the Sac County Probation Office; and
move to dismiss the companion simple misdemeanor citation filed in
SMCR012674 with costs to defendant.
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 SRCR012673
Plaintiff,
vs.
ORDER
CODY D HOFFMAN ,
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 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 HOFFMAN
OTHER ORDER
So Ordered
2 of 2
Date: 1/27/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
SRCR012673
No.
vs.
CODY HOFFMAN
Defendant
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
CODY D HOFFMAN ,
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 HOFFMAN
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 SRCR012673
ORDER OF CONTINUANCE
CODY D HOFFMAN ,
Defendant / Respondent.
Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Hearing is scheduled on 02/18/2015 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 HOFFMAN
ORDER FOR CONTINUANCE
So Ordered
2 of 2
STATEOFIOWA.
Plaintiff
GUILTY PLEA
SERIOUSMISDEMEANOR _
CONTROLLED SUBSTANCE
CODYDWAINE HOFFMAN.
DOB: 0912211988
Defendant.
COUNT I
Defendant,havecarefullyreadand fully understandthe following:
l, the undersigned
I am charged with POSSESSIONOF MARIJIJANA, A SCHEDULE I CONTROLLED
SUBSTANCE,FIRST OFFENSE,in violationof Iowa Code Section124.401(5),a Serious
andI herebyrequestthat my pleaof guiltyto the chargebe enteredof record.
Misdemeanor,
A. The maximumpunishmentfor this crimeis:
. For the first offense,imprisorunentof not more than six monthsin jail, and a fine of not
plus all court costs and all costsand fees
more than $1,000.00plus statutorysurcharges,
incurred for legal assistance. The surchargesinclude a 35% surcharge,a $125 Law
EnforcementInitiative Surchargeand a $10.00DARE surcharge.There is a minimumfine of
$315.00,which is irnmediatelydue on the date of senten.ing;unlessa payrnentplan is
approvedby the court within thirty daysof the Judgmentdate. The Court will also order the
to revokeIowa driver's licensefor 180 days. This is in
Iowa Departmentof Transportation
or revocationof driving privilegesI am presentlyserving. The
additionto any suspension
is a SeriousMisdemeanor.
of ControlledSubstance
crimeof FirstOffensePossession
. In addition, for any Possessionof Controlled Substanceconviction the Court shall
considerand may order denial of certain Federaland comparableState benefits,such as
studentloans,grants,contracts,professionalor cofitmerciallicense. This does not include
retirement,welfare, Social Security,health,disability,veteran'sbenefits,public housingor
similarbenefits.
. I will be required to pay colrectional fees for incarcerationand enrollmentfees for
probation. I am awarethat sentencingoptionsmay includedefenalof sentenceof judgment,
imposed.
of sentence
the grantof probationandthe suspension
. I understandI may be required to completea substanceabuseevaluationat my own
expense.If ordered,I wiil providethe evaluationto the CourtbeforeI am sentenced.
. The Court may order me to participatein a reality educationsubstanceabuseprevention
program.
. The Court may order restitutionto any victim of my offense. In addition,the Court may
order restitution up to $500 each to any public agency (fire-fightitg, law enforcement,
CharlesSchulte
STATEOF IOWA
SACCOUN'I'\'
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ant'sAttorney
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and
SRCR012673
Plaintiff,
v.
CODY HOFFMAN,
Defendant.
DATE:
February 5, 2015
CHARGE(S):
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(s) 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(s) is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Possession of Marijuana 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 $315.00;
(2)
a 35% surcharge of $110.25;
(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)
the court costs of this action, including court-appointed
attorney fees. The Court has determined, by
information presented by the parties, that Defendant is able
to pay court-appointed attorney fees.
Defendant shall pay all financial obligations pursuant to a payment
plan to be developed by the probationary supervisor.
b.
Defendant shall serve thirty (30) days in the county jail, with all
days of the sentence suspended. Defendant shall be given credit
for time previously served.
c.
(2)
(3)
(4)
(5)
d.
(6)
(7)
3.
The Court imposes 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 amount of $2,500.00, 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 Case Nos. SMCR012674 are dismissed
upon motion of the county attorney and pursuant to plea agreement. Costs are taxed
to the Defendant.
OTHER ORDER
Case Number
SRCR012673
Case Title
STATE VS CODY HOFFMAN
So Ordered
page 5 of 5