trial date set in the matter of state vs kelly ann lake

7/30/2019 Trial Date Set in the Matter of State vs Kelly Ann Lake

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E-FILED 2013 JUN 13 6:31 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

KELLY ANN LAKEDefendant

Case No. 02811 SRCR012324

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:SERIOUS ASSAULTin violation of Section(s) 708.2(1) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on06/21/2013 at 9:30 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.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore 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 anoriginal notice (804.1).



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Case ID : 02811 SRCR012324 - STATE VS KELLY ANN LAKE

Event Cd : SUMM

KELLY ANN LAKE filed



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I N T H E I O W A D I S T R I CT C O U R T F O R Sac

DISTRICT COUKi 0f: IOWASAC COUNTYFILED20I3.IUN 18 PM 2: 09

C O U N T Y

S T A T E O F I O W A orPlaintinTPetitioner,

Defendant/Respondent.

Criminal CivilNO. o%%\\ sEcB.ia acjf'

F I N A N C I A L A F F I D A V I T / A P P L I C A T I O NF O R A P P O I N T M E N T O F C O U N S E L

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:Name: Vxo W v \ U * \ U Birth Date: \ \ \ c i \ l \Home Phone: C e l l P h o n e f o ^ V m ^ E-mail:Street Address: \ 3 >olLg X V t U ^ A f l C ' v ^ U

Street/P.O.'Box Apt# City 1 State ZipPendingcharges: S e r i & l S ftg(Ujj4" i D ^ T - C Y In Jail? Yes ^ N oDo you have ajob? N o Job f j ^Yes , Full Time Yes, Part Time (List Hours/week: )Who do you work for? Y Y x ^ - O O ^ 'How much money do you currently make before taxes or deductions? _ _per BJ-hour month yearHow much money have you made in the last 12 monthsfromany source, before taxes or deductions? f 9 M j O O QHow many family members are supported by or live with you?If a spouse lives with you, how much money does your spouse make? per hour month year

, has coming in:ist all other money you, or anyone else living in your household, 1

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100:

List amoun:ts you pay monthly for mortgages, 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 berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit. I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay foran attorney to represent me.

DateCo SignatureRev. 1/6/12


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

KELLY ANN LAKE ,Defendant.

Case No: 02811 SRCR012324

INITIAL APPEARANCE

Charges:01 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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:

One Year County Jail

Years Prison

And/Or $Not less that $315 nor greater than $1,875

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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E-FILED 2013 JUN 21 10:05 AM SAC - CLERK OF DISTRICT COURT


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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis:

Waived

Preliminary Hearing is scheduled on 07/09/2013 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 at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

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 DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleSRCR012324 STATE VS KELLY ANN LAKE

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-06-21 10:04:45

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.KELLY ANN LAKE ,

DEFENDANT.

02811 SRCR012324

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

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 between 125% and 200% of the guidelines, not appointing would causefinancial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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Type: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, )

)PLAINTIFF ) Crim No. SRCR012324

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

KELLY ANN LAKE )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte & Graven Law Firm, P.C., 421 MainSt. 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) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

KELLY ANN LAKE,

DOB: 11/29/1978

Defendant.

Case No. SRCR012324

TRIAL INFORMATION

COUNT 1

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac CountyIowa and in the name and by the authority of the State of Iowa, accuses defendant,

Kaylee Mae Lawler (defendant) of the crime of ASSAULT CAUSING BODILY

INJURY in violation of Iowa Code Section 708.1, 708.2 committed as follows: On or

about May 24, 2013, in Sac City, Iowa (Sac County), defendant 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 Holly Lake in fear of an immediate physical

contact which would have been painful, injurious, insulting or offensive to Holly Lake.

The defendant had the apparent ability to do the act. The defendants act caused a

bodily injury to Holly Lake.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

SRCR012324 STATE VS KELLY ANN LAKE

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-07-30 16:05:54 page 2 of 2

E-FILED 2013 JUL 30 4:05 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

KELLY ANN LAKE,

Defendant.

Case No. SRCR012324

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

MARK JANSMA, Peace Officer, Sac City Police Department

HOLLY LAKE

TERRY WEAKS

TOM LAKE



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STATE OF IOWA,Plaintiff,

VS.

KELLY ANN LAKE,Defendant.

CRIMINAL NO. SRCR012324

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to warranta conviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear forArraignment at theSac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust2013at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom custody in this matter shall be:

Defendant is released on personal recognizance.Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.The Defendant shall have no contact with the victim or any witness set

forth in the minutes of evidence in this matter.The Defendant shall be on pre-trial supervision to the Second JudicialDistrict Department of Correctional Services.Other:



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012324 STATE VS KELLY ANN LAKE

So Ordered

Electronically signed on 2013-07-30 16:05:55 page 2 of 2


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E-FILED 2013 AUG 12 11:46 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 AUG 12 11:46 AM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.KELLY ANN LAKE ,

DEFENDANT.

Case No. 02811 SRCR012324

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Mr. Charles Schulte.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 2:07 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING TRIAL

So Ordered


E-FILED 2013 AUG 12 2:07 PM SAC - CLERK OF DISTRICT COURT

trial date set in the matter of state vs kelly ann lake

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