E-FILED 2013 JUL 01 2:51 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 01 11:04 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 SRCR012345 vs. RALPH J FREESE , Defendant. INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE

Charges: 01 - 124.401(5) - POSSESSION OF A CONTROLLED SUBSTANCE (SRMS) 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: One Year County Jail Years Prison And/Or $1500.00 You will lose your driver's license for a period of days.

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E-FILED 2013 JUL 01 11:04 AM SAC - CLERK OF DISTRICT COURT

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. (a) 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 Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in 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: (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 at : AM at the . 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
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E-FILED 2013 JUL 01 11:04 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012345 Type: Case Title STATE VS RALPH JOHN FREESE HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-01 11:04:04

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FILED

2 0 1 3 JUL 2 3
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or IamtifEjPetitioner,
vs.

9: 18

Sac

COUNTY Criminal Civil /c.

NO. . 5/7)<:fl-o/z-s^r

FINANCIAL AFFroAVITJAPPLICATION FOR APPOINTMENT OF COUNSEL fendanyRespondent.

5 )

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: %*\^ h ^0 V\ V - f ^ Z S f BirthDate: (1 ^ - f f - f - f /TAi/ 6 ( ^ & O Zip

Home Phone: 1 1 7 . ^ 0 . ^ - ^ Z ^ f Cell Phone: Street Address: ^0 W /*S W< I Street/P.O. Box Pending charges: Do you have a job? Who do you work for? _ No Job fJ Ar Yes, Full Time W

I f t r U C c l ' l l S } E-mail: f r - l ^ S -P ZZ^C Wil((Ufet Apt# City ^

A

State

Yes, Part Time (List Hours/week:

How much money do you currently make before taxes or deductions?

per hour month year ^5^' ftl/f/

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? _3> 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:
j

. per hour month year O PA 1 d A ^ 4 ^

f i ^

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f*f,]0^
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not*

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List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: tO Q i V J y

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

-S" /)

JsWo^S

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

E-FILED 2013 JUL 25 3:13 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. RALPH J FREESE , DEFENDANT. 02811 SRCR012345 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 at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 JUL 25 3:13 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012345 Type: Case Title STATE VS RALPH JOHN FREESE ORDER APPOINTING So Ordered

Electronically signed on 2013-07-25 15:12:26

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E-FILED 2013 JUL 25 4:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. RALPH J. FREESE DEFENDANT

) ) ) Crim No.SRCR012345 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. 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) 662-4715 Fax: (712) 662-4884

Original filed Copy to: County Attorney

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. RALPH J. FREESE, DOB: 04-18-1994 Defendant. TRIAL INFORMATION Case No. SRCR012345

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, Ralph J. Freese (defendant) of the crime of POSSESSION OF A CONTROLLED SUBSTANCE (MARIJUANA) FIRST OFFENSE, a violation of Iowa Code section 124.401(3), committed as follows: On or about July 1, 2013, the defendant knowingly or intentionally possessed marijuana, which is a controlled substance, and the defendant knew that the substance he possessed was marijuana.

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 JUL 31 11:42 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012345 Approval of Trial Information Case Title STATE VS RALPH JOHN FREESE

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

Electronically signed on 2013-07-31 11:42:22

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E-FILED 2013 JUL 31 11:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. SRCR012345 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. RALPH J. FREESE, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day of August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from 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 be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other: [ ] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation and provide it to the Court. Failure to do so may result in the revocation of Defendants Pre Trial Release.

State of Iowa Courts Type: Case Number SRCR012345 ORDER FOR ARRAIGNMENT Case Title STATE VS RALPH JOHN FREESE So Ordered

Electronically signed on 2013-07-31 11:42:23

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E-FILED 2013 AUG 13 9:03 AM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 SRCR012345 PLAINTIFF, vs. ORDER RALPH J FREESE , DEFENDANT.

Defendant's Arraignment will be rescheduled to August 27, 2013, at 9:00 a.m. in the Sac County Courthouse, Sac City, Iowa. The Defendant and his attorney shall appear before the Court unless a Written Arraignment has been filed.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE

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E-FILED 2013 AUG 13 9:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012345 Type: Case Title STATE VS RALPH JOHN FREESE OTHER ORDER So Ordered

Electronically signed on 2013-08-13 09:03:21

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E-FILED 2013 AUG 26 11:06 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOURT FOR SAC COUNTY OF IOWA, STATE Vs. FREriSt RALPHJOIIN Defendant flled:07/31/2013 DateTrialInformation
criminalcaseand underoathstates: coMES NOW the l)efendantin the above-captioned rvhose addrcss and phonenumberare A. Schulte. bl, AttorneyCharles l. I am reprcsented (712)662-4715. 421 Main St..PO Box 392.SacCity. lA. 50583; andphonenuntberare 502 W. l" St.. address 2. Ml currentmailing and residence Wall Lake,IA 51166. My phonenumberis: (712) 661-2975.My dateof birth P.O.205. thc and havecompleted the Englishlanguage is 04-I 8-1994. I can readand understand lbllowing level ofeducation:l2 Years. that I havea right to amaignment and understand by my attorne.v 4. I havebeenadvised to sign this Written instead and I voluntarilywaivethat right, choosing in openClourt. thattimes for furlhet proceedings Anaignmentand Pleaof Not Guilty. I understand u'hich are computedfiom the date of anaignmentrvill be computedliom the dateof filing this Written Arraignmcntand Pleaof Not Guilty. me with the crime of rvhichcharges a copy ofthe frial Information 5. I havcreceivecl COUNT I: POSSESSIONOF A CONTROLLED SUBSTANCE (MARI'IUANA) in violation of lo*'a Code Section 124.401(5). in the Trial Information(eithercheck 6. With regardto the namc by which I am charged "b"): "a" or checkandcomplcte ',,. is my true name. I havebeenadvised me nanreon the l'rial Information tvf lrom objcctingto the Trial Informationuponthe that I am non prccluded and understand groundthat I am impropcrly nan.red. ( )b. The name shorvnon thc Trial h.rlbrmationis not my trrie name My true be madein the minutesshowingm.vtrue name. I have that an entr.v nameis. I request me by that name. rvill be had against proceedings fi-rfihcr and understand becnadvised and u'henthe Trial Infbrmationis so accordingll'. will be amended the Trial Inforrnation I am improperlynamed' uponthe grounds liom objecting I will be precluded amended. that I may pleadguilty. not guilt.vor fonner' and understand 7. I lravebeenadvised uittal. convictionor acq

NO SRCROI2345 CRIMINAL WRITT'EN ARRAIGNMENT. PLEAOFNO'I GUILTY

E-FILED 2013 AUG 26 11:06 AM SAC - CLERK OF DISTRICT COURT

ml caselvith I havehad sufficicnttime to discuss ofthis anaignment. 8. For the purpose and I rvaiveany tunlier time in which to entera plea. my attorne)'. in paragraph 5 abovc. 9. I pleadNOT GUILTY to the charges ofthe that I havea right underRule 2.33(2)(b) 10. I havebeenadvisedand understand liling of aftertl.re days/one to a trial within ninet.v of Criminal Procedure lov,u Rules ,vcar and (chcckeither"a" or "b"): the Trial Inlbrmatior.r

and(c). to Rule2 33(2)(b) trial pursuant speedv I Lfr. I demand and(c) to Rule2.33(2)(b) trialpursuant ( ) b. I waivemy rightto a speed-v of ()rininal to Rule8.I of thekn'a Rules be setpursuant thata trial date 11. I request days: Any for trial on thefollowing andI will beavailable Mv attornev Procedure.
Time.

Attorney for Del'endant

Originalto be filed with Clerk of Court Copl-providedto: SacCountvAttorney PO Box 92 SacCity, IA 50583

E-FILED 2013 AUG 27 11:39 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. RALPH J FREESE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 26, 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 Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall 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. If the Defendant chooses to take depositions of minuted State's 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.
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Case No. 02811 SRCR012345

ORDER FOR TRIAL

E-FILED 2013 AUG 27 11:39 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 27 11:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012345 Type: Case Title STATE VS RALPH JOHN FREESE ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-27 11:38:44

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