smcr012658 - sac city man get deferred prosecution on driving while license under suspended...

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  • Complaint Item #: 14-000771STATE OF IOWA, COUNTY OF SAC

    STATE OF IOWAVs.

    Joshua Tyler Mitchell

    Before (Judge, Magistrate) _

    Criminal Case No. _Defendant

    Address 214 S. 21st Street, Apt. 110 Complaint

    Sac City, IA 50583

    Date of Birth 11-07-1991 Simple Misdemeanor

    The defendant is accused of the crime of Driving While License is Under Revocation in violation of (Section 321.218 of the

    Code of Iowa) or Ordinance No. __ of the City of __ , in that the defendant on the 28th day of September, 2014, at

    the intersection of 21st & Main Street, Sac City, Iowa in Sac County, did:

    operate a motor vehicle while his Iowa Drivers' License was revoked for a drug related offense.

    (State acts or omissions constituting offense)

    Complainant

    Statutory Reference 804.1 Code of Iowa Address S 1)STATE OF IOWA,COUNTY OF SAC, ss.

    I, the undersigned, being duly sworn and under oath,' state that the following facts known by me or told to me by the other

    reliable pe~sons form my belief that Joshua Tyler;-Mitchell the defendant committed the crime charged.

    On SundaySeptember 28,2014 at approximately 2240 minutes I made a traffic stop on a vehicle at the intersection of zi" & MainStreet for traveling 40mph in a 35mph zone in the 1900 block of Main Street. The defendant was in the drivers' seat operating thevehicle. The status of his license was revoked. He was placed under arrest transported to the Sac County Law Enforcement Centerwhere he was charged with Driving While Revoked and jailed.

    ~:q. 1- ~l'dt./Signature

    Subscribed and sworn to before me by th~Jaid _--'S....-._~_==Co.uM~"9:_~=..::+_'\..&-==~"'-f""L.......::'----------, Complainant, onthe .2-3"lv\ day of S e,a;,e", \cur, 20 ~. "

    the State of Iowa

    Magistrate

    Complaint and affidavit filed and probable cause found that the defendant committed the offense charged.

    KAREN ELIZABETH KIMECommission Number 777584MY COMMISSION E~rIRES

    MARCH 21, 20.t.i..L

    E-FILED 2014 SEP 29 12:30 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 SEP 29 12:10 PM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA, Plaintiff,

    vs.

    JOSHUA TYLER MITCHELL , Defendant.

    Case No: 02811 SMCR012658

    APPEARANCE

    Action:Date Filed:

    Charge(s):01 - 321.218(1) - DRIVING WHILE LICENSE UNDER SUSPENSION

    The Defendant appears and enters a not guilty plea to the above listed charge(s). This chargeis a simple misdemeanor and conviction carries a maximum penalty of $625.00 Fine plus 35%Surcharge and/or a term of confinement in the Sac County Jail not to exceed 30 days, plus CourtCosts.

    OR

    This matter should be set for Trial.

    OR

    Based upon Defendant's guilty plea, the Court orders Defendant to pay a Fine of $, Surcharge of$ and Court Costs of $, all to be paid within days under penalty of Contempt.

    In addition, Defendant shall pay a Law Enforcement Initiative Surcharge of $125.00 pursuant toSection 911.3. (For violations under 124, 155A, 453B, 713, 714, 715A, 716, 719.8, 725.1 and 725.2 &725.3).

    In the event that the Fine, Surcharge, Court Costs are not paid within the prescribed period, thenDefendant shall appear on the day of , at o'clock to show cause why he/she should not be found inContempt of Court for failure to obey this Court Order.

    1 of 3

    E-FILED 2014 OCT 20 9:47 AM SAC - CLERK OF DISTRICT COURT

  • Defendant is advised that the sentence for Contempt shall be a Fine of not less than $65.00 and notmore than $650.00 plus 35% Surcharge and Court Costs.

    AND/OR

    By confinement in the Sac County Jail for a period not to exceed 30 days and payment of CourtCosts.

    TOTAL DUE: $ TO BE PAID BY .

    All payments shall be made to: Clerk of Court 100 NW State Street, Suite 12 Sac City, IA 50583

    Copies to: County Attorney The Court has provided a copy to the Defendant

    Defendant

    2 of 3

    E-FILED 2014 OCT 20 9:47 AM SAC - CLERK OF DISTRICT COURT

  • State of Iowa CourtsCase Number Case TitleSMCR012658 STATE VS JOSHUA TYLER MITCHELLType: HEARING FOR INITIAL APPEARANCE

    So Ordered

    Electronically signed on 2014-10-20 09:46:40

    3 of 3

    E-FILED 2014 OCT 20 9:47 AM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff(s), Case No: 02811 SMCR012658

    vs Order Setting Trial

    JOSHUA TYLER MITCHELL ,

    Defendant(s).

    01 - 321.218(1) - DRIVING WHILE LICENSE UNDER SUSPENSION

    The defendant has entered a plea of not guilty.

    Non Jury Trial is scheduled on 11/24/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa.

    NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirtswith inappropriate printing or clothing that is overly dirty or ragged.

    The court has provided a copy of this order to the defendant.

    1 of 2

    E-FILED 2014 OCT 22 3:52 PM SAC - CLERK OF DISTRICT COURT

  • State of Iowa CourtsCase Number Case TitleSMCR012658 STATE VS JOSHUA TYLER MITCHELLType: ORDER SETTING TRIAL

    So Ordered

    Electronically signed on 2014-10-22 15:51:11

    2 of 2

    E-FILED 2014 OCT 22 3:52 PM SAC - CLERK OF DISTRICT COURT

  • Date: 11/12/2014 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    State of IowaPlaintiff

    No. SMCR012658vs.

    JOSHUA TYLER MITCHELL Defendant

    MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

    COMES NOW the undersigned person, who states as follows:

    1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

    2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

    3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

    WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

    Signature__/s/ Jesse Helling_______________________ Date__11/12/2014______________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529

    E-FILED 2014 NOV 12 9:49 AM SAC - CLERK OF DISTRICT COURT

  • 2RCR15

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    PLAINTIFF,

    vs.

    JOSHUA TYLER MITCHELL ,

    DEFENDANT.

    Case No. 02811 SMCR012658

    O R D E R

    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 adocument so indicating on or before November 22, 2014. If any objection is filed on orbefore November 22, 2014, the Court will schedule further proceedings to resolve the

    dispute. If no objection is filed on or before November 22, 2014, the pending Requestfor Expanded Media Coverage will be granted without further notice, order, or hearing.

    IT IS SO ORDERED.

    CLERK TO FURNISH COPIES TO:

    SAC COUNTY ATTORNEY

    MEDIA COORDINATOR

    JOSHUA TYLER MITCHELL

    1 of 2

    E-FILED 2014 NOV 14 2:11 PM SAC - CLERK OF DISTRICT COURT

  • State of Iowa CourtsCase Number Case TitleSMCR012658 STATE VS JOSHUA TYLER MITCHELLType: OTHER ORDER

    So Ordered

    Electronically signed on 2014-11-14 14:11:01

    2 of 2

    E-FILED 2014 NOV 14 2:11 PM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    (Magistrate Division)

    STATE OF IOWA,

    Plaintiff,

    v.

    JOSHUA TYLER MITCHELL,

    Defendant.

    Case No. SMCR012658

    ORDER FOR DEFERRED

    PROSECUTION

    BE IT REMEMBERED that on the date below, the above-entitled matter came

    before the Court on the States request that Defendant be given a deferred

    prosecution. The Court, after reviewing the record and being fully advised in the

    premises, FINDS the State believes the interests of justice are best served by

    deferring prosecution of this matter.

    IT IS THEREFORE ORDERED that prosecution of this matter shall be

    deferred for a period of one (1) year. If Defendant has no further violations of the

    law in that time period, the case will be dismissed with costs to the Defendant.

    However, if Defendant does have further violations of the law in that time period,

    the Clerk of Court shall set the matter for trial.

    E-FILED 2014 NOV 25 10:00 AM SAC - CLERK OF DISTRICT COURT

  • State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleSMCR012658 STATE VS JOSH

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