trial date set in the matter of state vs joshua j. skirvin a

7/30/2019 Trial Date Set in the Matter of State vs Joshua J. Skirvin A

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E-FILED 2013 JUL 08 12:42 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

JOSHUA J SKIRVINDefendant

Case No. 02811 SRCR012353

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:HARASSMENT IN THE 2ND DEGREEin violation of Section(s) 708.7B of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on07/16/2013 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).

E-FILED 2013 JUL 09 11:05 AM SAC - CLERK OF DISTRICT COURT


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Case ID : 02811 SRCR012353 - STATE VS JOSHUA JAMES SKIRVIN

Event Cd : SUMM

JOSHUA J SKIRVIN filed



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

Plaintiff,

vs.

JOSHUA J SKIRVIN ,Defendant.

Defendant's Correct Address: PO Box 276, WallLake, IA 51466

Case No: 02811 SRCR012353

INITIAL APPEARANCE

Charges:01 - 708.7(3) - HARASSMENT / 2ND DEG. - 1989 (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 $Fine of not less than $315 nor greater than $1,875 plus 35% surcharge andcourt costs

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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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:

In order to secure his release defendant must post a cash or surety bond in the amount of $25,000for both this and the accompanying tampering with a witness and burglary in the first degree charges.If released on bond defendant shall not consume any alcohol or illegal drugs during the pendancy ofthis matter and shall obey all laws of Iowa and the U.S.

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 07/26/2013 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 THIS

OFFENSE, 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 TitleSRCR012353 STATE VS JOSHUA JAMES SKIRVIN

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-16 11:43:46

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IN T H E IOW A D IS TRICT C O U R T F O R Sac

DISTRICT CO JHIUF luwASAC COUNTYFILED2013 JUL 16 PHI2:3!

C O U N T Y

S T A T E O F I O W A orPlaintiff/Petitioner,

Defendant/Respondent.

Criminal Civi lNO. pdRQI^a>^ FC0t2s9>S4

F I N A N C I A L A F F I D A V I T / A PPL I C A T I O NFO 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 forappointment of counsel, and under penalty of perjury, the undersigned states:Name: ^SoS/tfO/? -jT BirthPate: fr//?//f?THome Phone:Street Address:

CeU Phone^/z/ 7^ 7- 65 77 E-mail:.

SlreetfP.O. Box Apt# City State ZipPending charges: t W l l S & f t l A t t l t ^ f t A f t i ^ 4- " " p V j * ^ r'lA n \ t \ ( Q i W S>S In Jail? H"Yes N oDo you have a job? Ef^NoJob Yes, Full Time Yes , Part Time (List Hours/week: )Who do you work for?How muchmoney do you currentlymake before taxes or deductions? per hour month yearHow 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 w ith you?If a spouse lives with you, how much m oney does your spouse make? C^P per hour month yearList all other money you, or anyone else living in your household, ha s coming in: /U/vQ-

List what you own including mon^y in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: AS//t

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: /U%Ljf^_

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 fo r an attorney to represent me.

Dat&~7 ~~ ( ( (i: \ "/ ' Signature /^"^ ^ r ^ ^ "Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.JOSHUA J SKIRVIN ,

DEFENDANT.

02811 SRCR012353

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 financialhardship.

Attorney Sarah Smith, a contract attorney, is appointed.

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Type: ORDER APPOINTING

So Ordered


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STATE OF IOWA

Plaintiff

VSJOSHUA J SKIRVIN

Defendant

02811 SRCR012353

ORDER

The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m.Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to themagistrate.

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Type: OTHER ORDER

So Ordered


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STATE OF IOWA

Plaintiff

VSJOSHUA J SKIRVIN

Defendant

02811 SRCR012353

ORDER

The court had set this matter for bond review on this date. The accompanying charge has beentranscribed to district court and a bond review set for July 30, 2013. Thid court defers to the districtcourt to set appropriate bond on all pending charges.

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Type: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

JOSHUA JAMES SKIRVIN,

Defendant.

Case No. SRCR012353

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,Joshua Skirvin (defendant) of the crime of HARASSMENT IN THE FIRST

DEGREE, an Aggravated Misdemeanor in violation of Iowa Code Sections

708.7(2)(a), 703.1 committed as follows: On or about June 29, 2013, at or around

304 Sherwood Street, Wall Lake, Iowa (Sac County), defendant either

communicated to Billy Hutchinson and / or aided and abetted Cody Dupres first

degree harassment of Billy Hutchinson by actively participating with Cody Dupre and

/ or knowingly advising or encouraging Cody Dupre to harass Billy Hutchinson before

or when Cody Dupre did harass Billy Hutchinson, in that defendant helped locate

Billy Hutchinson for Cody Dupre and / or drove Cody Dupre to Billy Hutchinson

knowing that Cody Dupre planned to harass Billy Hutchinson and through activeparticipation with Cody Dupre and / or knowingly advising or encouraging Cody

Dupre that Cody Dupre did in fact harass Billy Hutchinson through personal contact,

without legitimate purpose, and in a manner likely to cause Billy Hutchinson

annoyance or harm, a threat to murder Billy Hutchinson, and the defendant did so

with the specific intent to intimidate, annoy or alarm Billy Hutchinson. IOWA CODE

708.7, 708.7(2)(a), 707.2, 702.11(1), 708.7(2)(a), 703.1.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123

Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

SRCR012353 STATE VS JOSHUA JAMES SKIRVIN

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 2013-07-26 11:08:16 page 2 of 2



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STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012353

Plaintiff,

vs.JOSHUA JAMES SKIRVIN

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

ROYCE KEMMANN, OFFICER, LAKE VIEW POLICE DEPARTMENT

EDWARD LUTZ, OCCUPATION UNKNOWN

KENNETH THIBODEAU, OCCUPATION UNKNOWN

BRADLEY HUTCHINSON, OCCUPATION UNKNOWN

LAURIE ANN HUTCHINSON, OCCUPATION UNKNOWN

BILLY HUTCHINSON, OCCUPATION UNKNOWN



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STATE OF IOWA,Plaintiff,

VS.

JOSHUA JAMES SKIRVIN,Defendant.

CRIMINAL NO. SRCR012353

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13thday ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody 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 witnesses listed in the witnesslist (attachment to the Trial Information) in this matter.The Defendant shall be on pre-trial supervision to the Second Judicial District

Department of Correctional Services.Other:



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. SRCR012353

ORDER NUNC PRO TUNC

This matter was raised by the Court, which, upon reviewing the record and being

advised in the premises, FINDS that the order setting arraignment (order) filed

herein on July 26, 2013, inadvertently included (by checking the box) the following

language The Defendant shall have No Contact with the victim and witnesses

listed in the witness list attached to the Trial Information in this matter.

IT IS THEREFORE ORDERED that the above-sentence that is italicized and in

bold shall be and is stricken and removed from the order.

IT IS FURTHER ORDERED that in all other respects, the order shall remain in

full force and effect.



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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. AGCR012357

FECR012354

SRCR012353

ORDER ON BOND REVIEW HEARING

This matter came before the Court for a bond review hearing. The Court, upon

reviewing the record and being advised in the premises FINDS and ORDERS

defendants bond is set at $2,000.00, cash or surety.

IT IS FURTHER ORDERED that if defendant is released on bond, the defendant

shall abide by the following terms and conditions of release.

1. The defendant shall have no contact (personal or otherwise), either directly or

indirectly, with any of the named-witnesses or alleged victims in FECR012354,

AGCR012357, and SRCR012353. The County Attorney shall prepare a secure

attachment to this order listing the names and addresses of the protected witnesses

and victims in each of the aforementioned cases.

2. The defendant shall been inside his residence between and including the

hours of 10:00 pm CST until 5:00 a.m. CST.

3. The defendant shall not consume any alcohol.

4. The defendant shall not have any further violations of the law.

5. Once filed, the Clerk shall take a paper copy to the Sac County Jail with

instructions that it be given to defendant prior to his release.



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Type: OTHER ORDER



AGCR012357 STATE VS JOSHUA JAMES SKIRVINFECR012354 STATE VS JOSHUA JAMES SKIRVIN

So Ordered




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E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.JOSHUA J SKIRVIN ,

DEFENDANT.

Case No. 02811 SRCR012353

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 waives the right to speedy trial.

4. Defendant is represented by Ms. Sara Smith.

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

SARAH LIVINGSTON SMITHDISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 2:19 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING TRIAL

So Ordered


E-FILED 2013 AUG 12 2:19 PM SAC - CLERK OF DISTRICT COURT

trial date set in the matter of state vs joshua j. skirvin a

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