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02811 AGCR013007
VS
CODY ANTHONY DUPRE
ORDER
Defendant
The clerk shall issue a warrant in this matter. The court requests that the warrant not be served until
Saturday after noon since the magistrate will not be available until Sunday afternoon.
There shall be a "no bond" provision in both this and the warrant on the accompanying charge.
1 of 2
Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered
2 of 2
RETURN O F S E R V I C E
CODY ANTHONY DUPRE
STATE OF IOWA
COUNTY OF SAC
FEES
Service
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Mileage
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Charges:
01 - 717B.2 - ANIMAL ABUSE
A no contact order is being issued.
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:
Aggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greater
than $6,250 except in the case of a conviction for second offense operating while intoxicated which
carries a minimum fine of $1,875 and a maximum of $6,250. In these cases a defendant can
be sentenced to up to two years imprisonment. In the case of a conviction for operating while
intoxicated, second offense, there is a minimum seven day jail sentence, and additionally, the
defendant's driver's license shall be revoked for one year unless the revocation is for test refusal in
which case the mandatory revocation shall be for two years.
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.
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:
1 of 4
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.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Preliminary Hearing is scheduled on 02/09/2016 at 10:15 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa. in the magistrate courtroom.
2 of 4
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
Case Title
STATE VS CODY DUPRE
HEARING FOR INITIAL APPEARANCE
So Ordered
4 of 4
No. AGCR013007
Plaintiff,
v.
TRIAL INFORMATION
COUNT 1
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 ANTHONY DUPRE (Defendant) of the crime of
KIDNAPPING IN THE THIRD DEGREE, a Class C Felony in violation of Iowa
Code Sections 710.1 and 710.4, committed as follows: On or about January 13,
2016, Defendant confined Jane Doe (victim) and/or removed the victim from
public to a private location. Defendant did so with the specific intent to secretly
confine the victim and/or to interfere with the performance of any government
function. Defendant knew he did not have the consent and/or authority of the
victim to do so.
COUNT 2
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 ANTHONY DUPRE (Defendant) of the crime of ANIMAL
ABUSE, an Aggravated Misdemeanor in violation of Iowa Code Section 717B.2
committed as follows: On or about January 13, 2016, Defendant intentionally
injured and/or destroyed a canine owned by Jane Doe.
COUNT 3
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 ANTHONY DUPRE (Defendant) of the crime of ANIMAL
ABUSE, an Aggravated Misdemeanor in violation of Iowa Code Section 717B.2
committed as follows: On or about January 13, 2016, Defendant intentionally
injured and/or destroyed a chinchilla owned by Jane Doe.
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:
John Thomsen, Chief of Police, Sac City Police Department
Mark Jansma, Assistant Chief of Police, Sac City Police Department
Jane Doe., High School Student
Facebook, Custodian of Records
Verizon, Custodian of Records
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
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
No. AGCR013007
Plaintiff,
v.
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
So Ordered
page 2 of 2
No. AGCR013007
Plaintiff,
v.
OTHER ORDER
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
So Ordered
page 2 of 2
Sac
STATE OF IOWA or
Criminal
Plaintiff/Petitioner,
Civil
No.
vs.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Birth Date:
Name: ( / ,
Home Phone:
Cell Phone
Street Address:
Street/P.O. Box
Apt #
Afa&ft
No Job
/ P ^ i S ^
City
State
A S f ^ / ^
Zip
In Jail? Yes^/J^No
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?
If a spouse lives with you, how much money does your spouse make?
(_/
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:
List amounts 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 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 ^rWj()
Signature
Rev. 1/6/12
40(1 mon
2RCR01
STATE OF IOWA,
Case No. 02811 AGCR013007
PLAINTIFF,
vs.
ORDER
CODY ANTHONY DUPRE ,
DEFENDANT.
The defendant has filed an application for appointment of counsel and financial affidavit.
The Court FINDS the defendant is indigent and entitled to appointment of counsel at
public expense.
IT IS THEREFORE ORDERED:
1. Attorney Andrew Smith is appointed to represent the defendant at public expense.
2. The defendant shall promptly contact Attorney Andrew Smith at 316 E. Sixth Street,
PO Box 278, Storm Lake, Iowa, 50588, telephone number (712)732-7578.
1 of 2
Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered
2 of 2
2.
3.
Respectfully submitted,
MACK, HANSEN, GADD, ARMSTRONG
& BROWN, P.C.
By:/s/Andrew J. Smith_____________
Andrew J. Smith
316 East Sixth Street
PO Box 278
Storm Lake, Iowa 50588-0278
(712)732-3538
andy@mhgab.com
2.
3.
5.
6.
7.
8.
9.
10.
Respectfully submitted,
MACK, HANSEN, GADD, ARMSTRONG
& BROWN, P.C.
By: /s/Andrew J. Smith____________
Andrew J. Smith
316 East Sixth Street
PO Box 278
Storm Lake, Iowa 50588-0278
(712)732-3538
andy@mhgab.com
2RCR01
STATE OF IOWA,
Case No. 02811 AGCR013007
PLAINTIFF,
vs.
ORDER
CODY ANTHONY DUPRE ,
DEFENDANT.
Newly appointed defense counsel has filed motions relating to discovery. The Court
notes that the defendant is scheduled to be arraigned on February 29, 2016 at 9:00
a.m. The Court will consider the discovery requests at the time of the arraignment.
IT IS THEREFORE ORDERED that the arraignment in this matter shall remain
scheduled for February 29, 2016 at 9:00 a.m. and shall include consideration of the
defense motions for discovery.
1 of 2
Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered
2 of 2
RETURN OF SERVICE
CODY ANTHONY D U P R E
STATE OF IOWA
COUNTY OF SAC
FEES
Service
Copies
Mileage
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Total
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02811 AGCR013007
VS
CODY ANTHONY DUPRE
ORDER
Defendant
The undersigned called the jail and once again went through the charge with the defendant, his rights
and advised him of the bond requirements and his arraignment date.
1 of 2
Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered
2 of 2
2RCR02
vs.
CODY ANTHONY DUPRE ,
DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
February 29,2016.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant waives the right to speedy trial.
4. Defendant is represented by Andrew J. Smith.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on April 5,2016 at 9 a.m.
1 of 3
2 of 3
Case Title
STATE VS CODY DUPRE
ORDER SETTING TRIAL
So Ordered
3 of 3
No: AGCR013007
vs.
ORDER SET
PRETRIAL CONFERENCE
Pretrial Conference in this matter under I.R.Cr.P. 15 will be held at 9:00 a.m. on
the 28th day of March, 2016 at the Sac County Courthouse, Sac City, Iowa, to
consider:
a. Possibility of settlement
b. Time for trial; and
c. Matters to expedite the trial.
2.
3.
If the Pretrial Conference time does not work for defense counsel, contact the
County Attorney for another time.
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
So Ordered
page 2 of 2
No. AGCR013007
Plaintiff,
v.
CODY ANTHONY DUPRE,
Defendant.
COMES NOW, the State of Iowa and states:
1. That on February 10, 2016, Defendant filed a request for discretionary
discovery pursuant to Rule 2.14(2)(b).
2. That the State hereby requests reciprocal discovery from Defendant
pursuant to Rule 2.14(3).
3. That the State understands that, pursuant to the language contained in
the Courts Order for Trial filed herein on February 29, 2016, no further order of
the court is necessary to effectuate the discretionary and reciprocal discovery
processes.
STATE OF IOWA
_______________________
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
CONTINENTAL HERITAGE
Insurance Companv
Mark W. Holtan
A 1 Bail Bonds
PO Box 12
Thor, IA 50591
Office 515-378-3286
Fax 515-576-3276
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City, State, Zip Code
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POWER OF ATTORNEY
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POWER NO-
POWER AMOUNT
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KNOW ALL MEN BY THESE PRESENTS that the Continental Heritage Insurance Company, a corporation duly organized and existing under the laws of the State of Florida and by the
authority of the Resolution adopted by the Board of Directors by unanimous written consent on January 26, 1993, which said Resolution has not been amended or rescinded, does constitute and
appoint and by these presents does make, constitute and appoint the named agent its true and lawful Attorney-in-Fact for it and in its name, place and stead, to execute, seal and deliver for and
on its behalf and as its act and deed, as surety, a bail bond only. Authority of such Attorney-in-Fact is limited to appearance bonds and cannot be construed to guarantee defendant's future lawful
conduct, adherence to travel limitations,fines,restitution, payments or penalties, or any other condition imposed by a court nol specifically related to court appearance.
This Power-of-Attorney is for use with Bail Bonds only. Not valid if used in connection with Federal or Immigration Bonds. This power is void if altered or erased, void if used with other
powers of this company or in combination with powers from any other surety company, and void if used to furnish bail in excess of the stated face amount of this power, and can only be
used once.
The obligation of the company shall not exceed the sum of:
F I F T E E N THOUSAND DOLLARS
and provided this Power-of-Attomey is filed with the bond and retained as a part of the court records. The said Attorney-in-Fact is hereby authorized to insert in this Power-of-Attomey the
name of the person on whose behalf this bond was given.
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No. AGCR013007
Plaintiff,
v.
STATE OF IOWA
_______________________
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
No. AGCR013007
Plaintiff,
v.
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
So Ordered
page 2 of 2
No. AGCR013007
Plaintiff,
v.
Defendant.
The Court, after reviewing the record and being advised in the premises,
FINDS and ORDERS that the trial shall be and is rescheduled to June 21, 2016, at
9:00 a.m., in the courtroom at the Sac County Courthouse, Sac City, Iowa 50583.
IT IS FURTHER ORDERED that the pretrial conference shall be and is
scheduled to June 20, 2016, at 9:00 a.m.
IT IS FURTHER ORDERED that if Defendant fails to personally appear
before this Court at the above-scheduled date and time, a warrant may issue for
Defendants arrest.
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
So Ordered
page 2 of 2
No. AGCR013007
Plaintiff,
v.
ORDER SCHEDULING
CODY DUPRE,
SENTENCING HEARING
Defendant.
The Court, after reviewing the record and being advised in the premises,
FINDS and ORDERS that the sentencing hearing shall be and is scheduled for
July 22, 2016, at 11:00 a.m. in the courtroom at the Sac County Courthouse, Sac
City, Iowa 50583.
If Defendant fails to personally appear before this Court at the abovescheduled date and time, an arrest warrant may issue.
Case Number
AGCR013007
Case Title
STATE VS CODY DUPRE
So Ordered
page 2 of 2