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Page 1: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time
Page 2: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

In the Iowa District Court in and for SAC County

Case No: 02811 FECR012274 Title: STATE VS BRYSON MARTIN KRAMER

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

E-FILED 2013 MAR 05 9:18 AM SAC - CLERK OF DISTRICT COURT

Page 3: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

/s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

E-FILED 2013 MAR 05 9:18 AM SAC - CLERK OF DISTRICT COURT

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Recipient ListCase ID : 02811 FECR012274 - STATE VS BRYSON MARTIN KRAMEREvent Cd : NOOT

BRYSON MARTIN KRAMER filedBENJAMIN JOHN SMITH filed

E-FILED 2013 MAR 05 9:18 AM SAC - CLERK OF DISTRICT COURT

Page 5: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff / Petitioner,vs. BRYSON MARTIN KRAMER , Defendant / Respondent.

Criminal Civil Case No: 02811 FECR012274 ORDER OF APPOINTMENT OF COUNSEL

The Court having received and examined the Defendant's Financial Affidavit and Application of Counsel andhaving considered not only the Defendant's income, but also the availability of any assets subject to execution and theseriousness of the charge or nature of the case, finds the following:1. The Defendant:

Is eligible for court-appointed counsel pursuant to Iowa Code section 815.9 because:

Defendant's income is at or below 125% of the poverty guidelines and Defendant is unable to pay for the cost of an attorney; OR

Defendant's income in between 125% and 200% of the poverty guidelines and not appointing counsel would cause Defendant substantial financial hardship; OR

Defendant's Income is over 200% of the poverty guidelines, Defendant is charged with a felony, and not appointing counsel would cause Defendant substantial financial hardship.

Is not eligible for court-appointed counsel pursuant to Iowa Code section 815.9.2. The counsel appointed below to represent the Defendant is:

The local public defender office, nonprofit organization, or attorney designated by the State Public Defender pursuant to Iowa Code section 13B.4(2) to represent indigent persons in this type of case in the county OR

An attorney not designated by the State Public Defender, but: Any local public defender office or other designee of the State Public Defender for this type of case in this county has been contacted and has declined the appointment or withdrawn from the case, or there is no designation for this type of case in this county, AND the appointed attorney:

Has a current contract with the State Public Defender to represent indigent persons in this type of case and in this county; OR

Does not have a contract, but all attorneys with a contract to represent indigent persons in this type of case in this county have been contacted and no such attorney is available to take this case; OR

Does not have such a contract, but the State Public Defender has been consulted and consents to the appointment.IT IS THEREFORE ORDERED that the Defendant's Application for Appointment of Counsel is Approved, and Peter Goldsmith is appointed to represent the Defendant in this case at State expense and maybe contacted at 712-364-2421.Copies to:

Copy to Defendant Copy to Court Appointed Attorney Copy to County Attorney

1 of 2

E-FILED 2013 MAR 08 10:16 AM SAC - CLERK OF DISTRICT COURT

Page 6: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

State of Iowa Courts

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

Type: ORDER APPOINTING

So Ordered

Electronically signed on 2013-03-08 10:16:15

2 of 2

E-FILED 2013 MAR 08 10:16 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012274 Plaintiff, vs. TRIAL INFORMATION

BRYSON MARTIN KRAMER,DOB: 11/03/1992 Defendant.

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,

Bryson Martin Kramer of the crime of POSSESSION OF CONTROLLED SUBSTANCE

(MARIJUANA) WITH INTENT TO DELIVER, a Class D Felony in violation of Iowa

Code Section 124.401(1)(d) committed as follows:

The said Defendant, Bryson Martin Kramer, on or about February 28, 2013, in

the County of Sac and State of Iowa, did unlawfully and willfully unlawfully manufacture,

deliver or possess with intent to manufacture or deliver a controlled substance to-wit:

Marijuana in an amount not more than 50 kilograms.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Page 8: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

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 2013-03-21 10:31:55 page 2 of 2

E-FILED 2013 MAR 21 10:31 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, VS. BRYSON MARTIN KRAMER, Defendant.

CRIMINAL NO. FECR012274

ORDER SETTING ARRAIGNMENT AND BOND

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 9th day of April 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 Defendant’s 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 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 Judicial District Department of Correctional Services.

Other:

E-FILED 2013 MAR 21 10:31 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-03-21 10:31:55 page 2 of 2

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E-FILED 2013 APR 02 4:58 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 APR 02 4:58 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 APR 02 4:58 PM SAC - CLERK OF DISTRICT COURT

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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. BRYSON MARTIN KRAMER , DEFENDANT.

Case No. 02811 FECR012274 ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onApril 2, 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 Peter A. Goldsmith. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on May 15, 2013 at 9 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 depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses. CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

1 of 3

E-FILED 2013 APR 03 9:25 AM SAC - CLERK OF DISTRICT COURT

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PETER ANDREW GOLDSMITHDISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 APR 03 9:25 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-04-03 09:25:15

3 of 3

E-FILED 2013 APR 03 9:25 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, No: FECR012274

Plaintiff,

vs. ORDER SET DATE

BRYSON MARTIN KRAMER,

FOR PRETRIAL CONFERENCE

Defendant.

The Court finds that Trial in the above matter is set for May 15, 2013, and that a

Pre-Trial Conference should be set.

IT IS THE ORDER OF THIS COURT:

1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 2:00 p.m. on

the 23rd

day of April 2013, at the Sac County Courthouse, Sac City, Iowa, to

consider:

a. Possibility of settlement

b. Matters to expedite the trial.

2. Cases which are going to be settled if at all possible at or before the pretrial so

that the trial assignment will not be clogged with cases which are not going to

be tried.

3. Defendant shall personally appear.

4. If the Pre-Trial Conference time does not work for defense counsel, contact the

County Attorney for another time.

Original filed,

Copies to: County Attorney

Peter Goldsmith, Defendant’s Attorney

E-FILED 2013 APR 04 1:50 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: ORDER FOR PRETRIAL CONFERENCE

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-04-04 13:50:56 page 2 of 2

E-FILED 2013 APR 04 1:50 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 APR 09 9:36 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 APR 09 9:36 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 APR 09 9:36 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BRYSON MARTIN KRAMER,

Defendant.

Case No. FECR012274

ORDER SETTING PLEA HEARING

This case came before the Court on the parties request for an order setting

the matter for a plea hearing. The Court, after reviewing the record and being

advised in the premises FINDS and ORDERS a plea hearing in this matter shall

be and is scheduled for July 30, 2013, at 1:00 p.m. in the courtroom at the Sac

County Courthouse, Sac City, Iowa 50583.

IT IS FURTHER ORDERED if the defendant fails to personally appear before

this Court at the above-scheduled date and time, a bench warrant may issue for

defendant’s arrest.

E-FILED 2013 JUL 18 1:43 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-07-18 13:43:46 page 2 of 2

E-FILED 2013 JUL 18 1:43 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 29 4:07 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 29 4:07 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 29 4:07 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 29 4:07 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 29 4:07 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 29 4:07 PM SAC - CLERK OF DISTRICT COURT

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1

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff, FECR012274 vs.

ORDER BRYSON MARTIN KRAMER,

Defendant.

The above matter came before the Court on July 30, 2013, for the Defendant to offer a

plea in one of the above cases. Prior to the commencement of the hearing, counsel for the

Defendant notified the Court that the Defendant has withdrawn his offer for a plea. The matter

should now be set for trial.

IT IS THEREFORE THE ORDER OF THE COURT that the above matter shall come on

for trial on August 28, 2013, commencing at 9:00 a.m. in the Sac County Courthouse, Sac

City, Iowa.

CLERK TO MAIL COPIES TO: County Attorney Peter Goldsmith

E-FILED 2013 JUL 30 3:29 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-07-30 15:29:06 page 2 of 2

E-FILED 2013 JUL 30 3:29 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 31 10:29 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 JUL 31 10:29 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, * CRIMINAL NO. FECR012274

*

VS. *

* ORDER APPROVING

BRYSON MARTIN KRAMER * PAYMENT OF DEPOSITIONS

DEFENDANT *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The Defendant’s Motion Approving Payment of Depositions. Upon review, the Court

determines that the Motion should be granted.

WHEREFORE, IT IS ORDERED that the taking of depositions in this case are approved

and that payment to the court reporter should be made by the State.

E-FILED 2013 AUG 01 1:45 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-08-01 13:45:20 page 2 of 2

E-FILED 2013 AUG 01 1:45 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 AUG 06 3:59 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 AUG 27 2:44 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 AUG 27 2:45 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 AUG 27 2:46 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. FECR012274Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONBRYSON MARTIN KRAMER,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLEDSUBSTANCE, SECOND OFFENSE, a Serious Misdemeanor in violation of Iowa CodeSection 124.401(5).

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand amended Trial Information.

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on September 17, 2013by: [ ] U.S. Mail [ ] Fax

[ x ] Electronic mail [ ] Overnight Courier[ ] Certified Mail [ ] EDMS

Signature: /s/Norma Hecht

E-FILED 2013 SEP 17 12:43 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012274

Plaintiff, AMENDED vs. TRIAL INFORMATIONBRYSON MARTIN KRAMER,DOB: 11/03/1992 Defendant.

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, Bryson Martin

Kramer of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLEDSUBSTANCE, SECOND OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section

124.401(5) committed as follows:

The said Defendant, Bryson Martin Kramer, on or about February 28, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a

controlled substance, to-wit: marijuana, a schedule I controlled substance, by a person having

been previously convicted of a drug related offense involving Marijuana.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2013 SEP 17 12:43 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. FECR012274

Plaintiff,

ORDER PERMITTING

vs. AMENDED TRIAL

INFORMATION

BRYSON MARTIN KRAMER,

Defendant.

The matter of the State of Iowa’s Request for Leave of Court to Amend Trial

Information comes on before the Court and the Court upon examination of the files and

records herein finds that the amendment will not materially change the issues nor work

any hardships on the Defendant, and that said Trial Information as amended has been

examined by me and found to contain sufficient evidence, if unexplained, to warrant a

convictions by a trial jury; the filing of this amended Trial Information is hereby

approved.

Original filed EDMS, copies to:

County Attorney

Defendant’s Attorney

E-FILED 2013 SEP 17 1:49 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-09-17 13:49:46 page 2 of 2

E-FILED 2013 SEP 17 1:49 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 NOV 12 10:11 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 NOV 12 10:11 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 NOV 12 10:11 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 NOV 12 10:11 AM SAC - CLERK OF DISTRICT COURT

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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. FECR012274

Plaintiff JUDGMENT ENTRY-Amended

vs. SERIOUS MISDEMEANOR

BRYSON MARTIN KRAMER,

DOB: 11/03/1992

Defendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State is

represented by Sac County Attorney Benjamin John Smith, and Defendant is represented by

Attorney at Law Peter Goldsmith. The Court finds that a plea agreement has been reached

wherein the State has filed a motion to amend the Trial Information and an Amended Trial

Information to the charge of Possession of Marijuana, a Schedule I Controlled Substance, Second

Offense, a Serious Misdemeanor in violation of Iowa Code Section 124.401(5); of which the

Court approved.

The Court, having made a determination of guilty from an examination of the minutes of

testimony, finds there is a reasonable probability that the jury would find the Defendant guilty.

The Court also finds that in agreeing to the Alford plea; the Defendant is receiving some

substantial benefit, namely the reduction in the charge from a felony to a serious misdemeanor,

dismissal of SRCR012106 and concurrent jail terms in OWCR012172.

Having filed a written Alford plea to the amended charge herein, which has been

reviewed by this Court and is incorporated herein by this reference, knows of no legal cause why

judgment should not now be entered, and none appears upon the record. The Court, therefore,

accepts the Defendant’s Alford plea and finds that the Defendant is guilty of POSSESSION OF

MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE, SECOND OFFENSE, a

Serious Misdemeanor, in violation of Iowa Code Section 124.401(5).

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT,

pursuant to Sections 124.401(5), 901.5, and 903.1, Code of Iowa, that the Defendant be

sentenced to:

1. Confinement in the Sac County Jail for a period of one (1) year, which is suspended after

Defendant serves fifteen (15) days in the Sac County Jail, with credit for time already served in

this matter and in Sac County District Court cases OWCR012172 and SRCR012106. Further,

the jail sentence imposed shall run concurrently with the jail sentence imposed in Sac County

District Court case OWCR012172. The Defendant is eligible for the Sac County Jail Work

Release Program.

a. The above jail sentence shall be served in 48 hour increments.

b. The defendant shall serve the above jail sentence within six (6) months of the Judgment

entry date. If the defendant has not served said jail time at the end of six (6) months, the Sac

County Sheriff is ordered at his convenience, to pick up defendant to serve said jail time.

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2

c. The defendant shall also be assessed the correctional fee of $55.00 per day charged by the

Sac County Sheriff’s Office.

2. The Defendant is thereafter placed on probation to the Sac County Probation Officer for a

period of one (1) year from the judgment entry date, and during such probation period Defendant

shall abide by all the terms and conditions of the probation as set forth on the Probation

Agreement.

a. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the

Sac County Probation Officer at the Sac County Courthouse, 100 NW State Street, Suite 9,

2nd Floor, Sac City, Iowa.

b. Defendant shall obey all Federal, State, and local laws and ordinances.

c. Defendant shall timely pay all amounts ordered by this Judgment.

3. Defendant is Ordered to pay a fine of $315.00 and the surcharge of 35% in the amount of

$110.25, both suspended.

4. In addition, Defendant shall pay the Law Enforcement Initiative Surcharge of $125.00

pursuant to Section 911.3. (For violations under Code of Iowa Chapters 124, 155A 453B, 713,

714, 715A, 716, or Iowa Code Sections 719.8, 725.1, 725.2 and 725.3) and the $10 DARE

surcharge.

5. Defendant shall make restitution for his court appointed attorney fees in the amount approved

by the State Public Defender’s Office.

6. Defendant shall pay the following court costs of $226.74.

7. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to

any change in address until all obligations of this case have been completed.

8. The Iowa State Department of Transportation shall revoke the Defendant’s driver’s license,

motor vehicle operating privilege for a period of 180 days, or delay the issuance of a motor

vehicle for 180 days after the Defendant is first eligible if the Defendant has not been issued a

motor vehicle license. If Defendant’s operating privileges are suspended or revoked at the time

of this sentencing, said 180 days revocation period shall not begin until all other suspensions or

revocations have terminated. The Department of Transportation shall not issue a temporary

restricted license to the Defendant during the revocation period without further order by this

Court.

9. IT IS FURTHER ORDERED that Defendant shall pay all amounts Ordered by this

Judgment and amounts ordered in SMCR012275, by paying $50.00 per month for this case,

OWCR012172 and SRCR012106 to the Sac County Clerk of Court with payment to begin on the

15th

day of the month following this order and shall continue on the 15th day of each month until

E-FILED 2013 NOV 21 3:09 PM SAC - CLERK OF DISTRICT COURT

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3

paid in full. HOWEVER, IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN

THE TOTAL OBLIGATION BEING PAID WITHIN 24 MONTHS OF THE DATE OF

THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that

if one payment is missed, the entire obligation becomes immediately due.

Defendant having appeared and sentence being pronounced, IT IS FURTHER

ORDERED that any balance of appearance bond is released after application to fine, surcharge,

court costs, attorney fees, and restitution.

Defendant is advised of the right to appeal this judgment and sentence and of the right to

apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the

appeal costs. Defendant is also advised of the necessity to comply with the statutory

requirements in filing a notice of appeal. Notice of Appeal must be filed within 30 days of this

Judgment. Defendant’s appeal bond is fixed in the sum of $1,950.00.

Original filed EDMS, copy to: County Attorney

Defendant/Defense Counsel -Peter Goldsmith

DOT

E-FILED 2013 NOV 21 3:09 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: ORDER FOR JUDGMENT

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2013-11-21 15:09:25 page 4 of 4

E-FILED 2013 NOV 21 3:09 PM SAC - CLERK OF DISTRICT COURT

Page 52: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

v.

BRYSON MARTIN KRAMER Defendant.

CASE Nos. FECR012274, OWCR012172

STATE’S APPLICATION TO REVOKE DEFENDANT’S PROBATION AND IMPOSE SENTENCE

COMES NOW the State of Iowa and for its Application to Revoke Defendant’s Deferred Judgment and Impose Sentence states the following:

1. On or about November 11, 2013, in Sac County Case No. FECR012274,defendant pleaded guilty to possession of a controlled substance second offense and was placed on probation for one year.

2. Also on November 11, 2013, defendant’s deferred judgment in SacCounty Case No. OWCR012172 was revoked and defendant was placed on probation for one year.

3. On February 21, 2014, defendant was charged with possession of drugparaphernalia - Boone County Case No. OGSMCR108923.

4. By the very nature of defendant’s new charges, defendant has violated theterms and conditions of his probation.

WHEREFORE, the State respectfully requests the Court set a hearing on this Application and revoke Defendant’s probation and, after the State establishes Defendant’s violations by a preponderance of the evidence, impose sentence pursuant to Iowa Rule of Criminal Procedure 2.24(3)(d).

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

E-FILED 2014 FEB 27 12:55 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRYSON MARTIN KRAMER , Defendant.

02811 FECR012274

Order Setting Initial AppearanceOn Probation Violation

IT IS HEREBY ORERED that an initial appearance on the State's Application for ProbationRevocation will be held as follows: Initial Appearance is scheduled on 03/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa. This order and a copy of the Application for Revocation of Probation shall be served on the defendantin the manner of an original notice.

1 of 2

E-FILED 2014 FEB 27 2:07 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMERType: ORDER SETTING INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-27 14:07:14

2 of 2

E-FILED 2014 FEB 27 2:07 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 05 9:19 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 07 9:37 AM SAC - CLERK OF DISTRICT COURT

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IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRYSON MARTIN KRAMER , Defendant.

02811 FECR012274

APPEARANCE ORDER

The defendant appears by attorney. Probation Revocation Hearing is scheduled on 04/02/2014 at 10:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. Hearing is scheduled in courtroom 1A. Court-Appointed Counsel:The defendant did not request Court-Appointed Counsel. Conditions of Release:The defendant is released without bond.

1 of 2

E-FILED 2014 MAR 19 9:25 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMERType: OTHER ORDER

So Ordered

Electronically signed on 2014-03-19 09:25:27

2 of 2

E-FILED 2014 MAR 19 9:25 AM SAC - CLERK OF DISTRICT COURT

Page 59: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

DISTRICT COURT OF IOWA SAC COUNTY

IN THE IOWA DISTRICT COURT FOR Sac 20MPR-2 AH*5U COUNTY

STATE OF IOWA or

Plaintiff/Petitioner,

rit/Respc DefendWf/Respondent.

L /^Cr imina l Civil

NO. OAXjainiifEL^o i ZZIM FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

\( Name:

Home Phone:

Birth Date:

Cell Phone: - T O ^ ^ - m a i l :

Street Address Street/P.O. Box Apt# City State Zip

In Jail? • Yes ^ N o

)

Pending charges:

Do you have a job? S No Job • Yes, Full Time • Yes, Part Time (List Hours/week:

Who do you work for?

How much money do you currendy make before taxes or deductions? per • hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductio

How many family members are supported by or live with you? Q

If a spouse lives with you, how much money does your spouse make? per • hour • month • year

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:^| \f

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.

Rev. 1/6/12

Page 60: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. BRYSON MARTIN KRAMER , DEFENDANT.

02811 FECR012274

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2014 APR 02 10:21 AM SAC - CLERK OF DISTRICT COURT

Page 61: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

State of Iowa CourtsCase Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMERType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-04-02 10:21:47

2 of 2

E-FILED 2014 APR 02 10:21 AM SAC - CLERK OF DISTRICT COURT

Page 62: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

2RCR16

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. BRYSON MARTIN KRAMER , DEFENDANT.

Case No. 02811 FECR012274 O R D E R

The State previously filed an Application for Probation Revocation alleging that

the Defendant had violated the conditions of probation. A combined probable cause

hearing and hearing on the merits of the application should now be scheduled.

IT IS, THEREFORE, THE ORDER OF THE COURT that a Revocation Hearing is

scheduled on 04/16/2014 at 10:15 AM at the Sac Co. Courthouse, 100 NW State St.,

Sac City, Iowa. .

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

1 of 2

E-FILED 2014 APR 02 10:23 AM SAC - CLERK OF DISTRICT COURT

Page 63: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

State of Iowa CourtsCase Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMERType: ORDER SETTING HEARING

So Ordered

Electronically signed on 2014-04-02 10:24:31

2 of 2

E-FILED 2014 APR 02 10:23 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 APR 04 3:11 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 APR 04 3:11 PM SAC - CLERK OF DISTRICT COURT

Page 66: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, *

PLAINTIFF, * CRIMINAL NO. FECR012274

*

vs. *

* ORDER APPOINTING COUNSEL

BRYSON KRAMER, *

DEFENDANT. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Before the court is the motion to appoint Peter Goldsmith as counsel for the Defendant,

effective March 6, 2014. The Court finds that the motion should be granted. The Court finds

that it was reasonable for Peter Goldsmith to continue representing the defendant even though no

order appointing him had been entered after the probation revocation application was filed.

WHEREFORE IT IS ORDERED that Peter A. Goldsmith is appointed to represent the

Defendant, effective March 6, 2014.

E-FILED 2014 APR 07 10:16 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2014-04-07 10:16:20 page 2 of 2

E-FILED 2014 APR 07 10:16 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 APR 17 1:45 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 APR 17 1:45 PM SAC - CLERK OF DISTRICT COURT

Page 70: Wall Lake Man Convicted of of Possession of a Controlled Substance, Second Offense Found in Contempt, To Serve Jail Time

THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )

) CRIM. NO. FECR012274 & OWCR012172

Plaintiff, )

)

vs. )

) O R D E R

BRYSON KRAMER, )

)

Defendant. )

Now, on 18th

day of April, 2014, Defendant waives his personal appearance and appears by counsel, Peter

Goldsmith, for hearing on State’s Application for Probation Revocation. Defendant files a Written Stipulation of

Contempt. The State of Iowa appears by Ben Smith, Sac County Attorney.

Defendant admits he has violated his probation by virtue of his arrest in Boone County for a charge of possession

of drug paraphernalia.

The parties agreed that the dispositional phase of the hearing can now proceed.

IT IS ORDERED that the Defendant is found in Contempt of Court for violating the terms and conditions of his

probation.

IT IS FURTHER ORDERED that the Defendant shall serve 15 days in the custody of the Sac County Sheriff.

Mittimus on this sentence shall issue at noon on Friday, April 18, 2014. This sentence shall run concurrently with the 10-

day jail sentence previously imposed in Case No. FECR012274. Defendant may participate in the work release program

facilitated by the Sac County Sheriff.

The Defendant shall remain on probation to the Sac County Probation Office for the duration of the period of

probation.

It is further ORDERED that the Defendant pay the court costs, including any jail fees, as well as attorney fees in

connection with this case. The costs and fees shall be paid upon the same plan of payment developed by the Sac County

Probation Office.

Any bond money previously posted is released and exonerated.

COPIES TO:

Sac County Attorney

Defense Counsel

Sac County Sheriff (fax)

E-FILED 2014 APR 18 8:36 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012274 STATE VS BRYSON MARTIN KRAMEROWCR012172 STATE VS BRYSON MARTIN KRAMER

So Ordered

Electronically signed on 2014-04-18 08:36:57 page 2 of 2

E-FILED 2014 APR 18 8:36 AM SAC - CLERK OF DISTRICT COURT