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E-FILED 2016 JAN 15 10:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA
Plaintiff

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

E-FILED 2016 JAN 15 10:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013007
Type:

Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered

Electronically signed on 2016-01-15 10:02:56

2 of 2

E-FILED 2016 JAN 18 2:35 PM SAC - CLERK OF DISTRICT COURT


E-FILED 2016 JAN 15 10:51 AM S A C - C L E R K OF DISTRICT C O U R T

RETURN O F S E R V I C E
CODY ANTHONY DUPRE

STATE OF IOWA
COUNTY OF SAC

C A S E NUMBER: 02811 AGCR013007


DATE WARRANT ISSUED: 01/15/2016

FEES
Service
Copies
Mileage

$
$
$

/6^C>^'^~^

Total

^ O * ^

I certify that I served this warrant by arresting said person at

S AC

on the

if^av

. J b / ^ and bringing him before the


of^Ii^
nearest most accessible magistrate.

Name of Peace Officer

Agency Name and PIN

E-FILED 2016 JAN 19 10:24 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 AGCR013007
vs.
CODY ANTHONY DUPRE ,
Defendant.
Defendant's Correct Address: PO Box 375, 308
S. Hansen Blvd., Odebolt, IA 51458

ORDER ON INITIAL APPEARANCE

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

E-FILED 2016 JAN 19 10:24 AM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2016 JAN 19 10:24 AM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2016 JAN 19 10:24 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013007
Type:

Case Title
STATE VS CODY DUPRE
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2016-01-19 10:24:54

4 of 4

E-FILED 2016 FEB 05 2:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.

TRIAL INFORMATION

CODY ANTHONY DUPRE,


DOB: 9-25-1990
Defendant.

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.

E-FILED 2016 FEB 05 2:01 PM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2016 FEB 05 2:01 PM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2016 FEB 05 2:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

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

Electronically signed on 2016-02-05 14:01:32

page 4 of 4

E-FILED 2016 FEB 05 2:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.

ORDER SETTING ARRAIGNMENT

CODY ANTHONY DUPRE,


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 THEREFORE ORDERED, the Defendant shall personally appear for
Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa
on December February 29, 2016 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 that the Clerk of Court shall issue a warrant
for Defendants arrest.

E-FILED 2016 FEB 05 2:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
AGCR013007

Case Title
STATE VS CODY DUPRE
So Ordered

Electronically signed on 2016-02-05 14:01:34

page 2 of 2

E-FILED 2016 FEB 08 2:29 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.

ORDER NUNC PRO TUNC

CODY ANTHONY DUPRE,


Defendant.
The Court, upon reviewing the record and being advised in the premises
FINDS that due to inadvertency the order setting arraignment (Order), did not
set a bond amount, thus the Order is amenable to correction through an order
nunc pro tunc.
IT IS THEREFORE ORDERED that the Order shall be corrected to include
the following: Bond is set in the amount of $10,000. Said bond must be cash or
secured in the amount of the Bond.
IT IS FURTHER ORDERED that the Order shall remain the same in all
other aspects.

E-FILED 2016 FEB 08 2:29 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
AGCR013007

Case Title
STATE VS CODY DUPRE
So Ordered

Electronically signed on 2016-02-08 14:29:06

page 2 of 2

DISTRICT CUUHi Or IuWA


SAC COUNTY
FILED
IN THE IOWA DISTRICT COURT FOR

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 #

Pending charges: Ah~U*id

Afa&ft

Do you have ajob?

Yes, Full Time

No Job

/ P ^ i S ^

City

State

A S f ^ / ^

Zip

In Jail? Yes^/J^No

Yes, Part Time (List Hours/.week:

Who do you work for?


How much money do you currently 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 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?

(_/

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:

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

E-FILED 2016 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
CODY ANTHONY DUPRE
Andrew Smith

1 of 2

E-FILED 2016 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013007
Type:

Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered

Electronically signed on 2016-02-10 14:59:24

2 of 2

E-FILED 2016 FEB 10 6:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


________________________________________________________________
STATE OF IOWA,
)
No. AGCR013007
)
Plaintiff
)
)
vs.
)
MOTION FOR DISCOVERY
)
CODY ANTHONY DUPRE,
)
)
Defendant.
)
________________________________________________________________
COMES NOW the Defendant, Cody Anthony Dupre, and hereby
moves as follows:
1.

The court has previously found the Defendant to be


indigent and appointed attorney Andrew J. Smith to
represent the Defendant at public expense.

2.

It is necessary, in order to prepare a defense to the


charges, that the discovery depositions of the State=s
witnesses, as shown on the Trial Information, be
taken.

3.

Since the Defendant is indigent, the Defendant


requests that these depositions be taken at State
expense.

Respectfully submitted,
MACK, HANSEN, GADD, ARMSTRONG
& BROWN, P.C.
By:/s/Andrew J. Smith_____________

E-FILED 2016 FEB 10 6:11 PM SAC - CLERK OF DISTRICT COURT

Andrew J. Smith
316 East Sixth Street
PO Box 278
Storm Lake, Iowa 50588-0278
(712)732-3538
andy@mhgab.com

E-FILED 2016 FEB 10 6:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


________________________________________________________________
STATE OF IOWA,
)
No. AGCR013007
)
Plaintiff
)
)
vs.
)
REQUEST FOR DISCLOSURE
)
OF EVIDENCE
CODY ANTHONY DUPRE,
)
)
Defendant.
)
________________________________________________________________
COMES NOW the Defendant, Cody Anthony Dupre, and pursuant
to I.R.Cr.P 2.14 moves as follows:
1.

To permit the Defendant to inspect and copy or


photograph any relevant written or recorded statements
made by the Defendant or copies thereof and the
substance of any oral statement made by the Defendant
which the State intends to offer in evidence at the
trial, as well as a copy of any Miranda rights form(s)
signed by the Defendant.

2.

That the State furnish the Defendant a copy of


Defendant=s prior criminal record, if any.

3.

To permit the Defendant to inspect and copy all


papers, documents, statements, photographs, or
tangible objects which are within the possession and
custody and control of the State, which are intended
for use by the State as evidence at trial, were
obtained from or belong to the Defendant, or are

E-FILED 2016 FEB 10 6:11 PM SAC - CLERK OF DISTRICT COURT

otherwise material to the preparation of the defense.


4.

To permit the Defendant to inspect and copy any audio/


video recordings made by law enforcement in relation
to this matter.

5.

To permit the Defendant to inspect, and where


appropriate, subject to scientific testing, items
seized by the state in connection with the alleged
crime.

6.

To permit the Defendant to inspect and copy any other


items including demonstrative evidence, reports of
physical or mental examinations, and tests or
experiments made in connection with this case.

7.

To provide the Defendant with transcripts, logs and/or


records of any law enforcement agencies= radio
communications and tape recordings in regard to this
matter, including a recording of the 911 call(s), if
any.

8.

To provide the Defendant with any potentially


exculpatory or favorable evidence or other evidence
falling within the scope of Brady material.

9.

Since the Defendant has previously been found to be


indigent, any cost associated with such discovery
should be paid by the State.

10.

This request should be read to effectuate a continuing

E-FILED 2016 FEB 10 6:11 PM SAC - CLERK OF DISTRICT COURT

duty to disclose evidence on the part of the State,


pursuant to I.R.Cr.P. 2.14(5).

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

E-FILED 2016 FEB 11 2:28 PM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
ANDREW JUSTIN SMITH
CODY ANTHONY DUPRE

1 of 2

E-FILED 2016 FEB 11 2:28 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013007
Type:

Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered

Electronically signed on 2016-02-11 14:28:43

2 of 2

E-FILED 2016 FEB 24 11:47 PM SAC - CLERK OF DISTRICT COURT


E - F I L E D 2016 F E B 08 2:37 PM S A C - C L E R K O F D I S T R I C T C O U R T

RETURN OF SERVICE
CODY ANTHONY D U P R E

STATE OF IOWA
COUNTY OF SAC

C A S E NUMBER: 02811 AGCR013007


DATE WARRANT ISSUED: 02/08/2016

FEES
Service
Copies
Mileage

$_
$_
$_

cOO. 00

Total

QC'yx,

I certify that I served this warrant by arresting said person at


Snc
C'-Kf
on t h e r ^ - ^ day
of
. Q ^ ^ / y a n d bringing him before the
nearest most aodessible magistrate.

I^I^\^a^L.

Name of Peace Officer

Agency Name and PIN

E-FILED 2016 FEB 25 10:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA
Plaintiff

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

E-FILED 2016 FEB 25 10:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013007
Type:

Case Title
STATE VS CODY DUPRE
OTHER ORDER
So Ordered

Electronically signed on 2016-02-25 10:19:51

2 of 2

E-FILED 2016 FEB 29 9:58 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 FEB 29 9:58 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 FEB 29 10:22 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
PLAINTIFF,

Case No. 02811 AGCR013007

vs.
CODY ANTHONY DUPRE ,

ORDER FOR TRIAL

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.

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.

CLERK TO FURNISH COPIES TO:

1 of 3

E-FILED 2016 FEB 29 10:22 AM SAC - CLERK OF DISTRICT COURT

SAC COUNTY ATTORNEY


ANDREW JUSTIN SMITH
DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2016 FEB 29 10:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
AGCR013007
Type:

Case Title
STATE VS CODY DUPRE
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2016-02-29 10:21:45

3 of 3

E-FILED 2016 FEB 29 1:49 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

No: AGCR013007

vs.

ORDER SET
PRETRIAL CONFERENCE

CODY ANTHONY DUPRE,


Defendant.
THE COURT FINDS that Trial in the above entitled matter is set for April 5, 2016;
therefore a Pretrial Conference shall be scheduled.

IT IS THE ORDER OF THIS COURT:


1.

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.

Defendant shall personally appear; in the event Defendant fails to appear, an


arrest warrant may issue.

3.

If the Pretrial Conference time does not work for defense counsel, contact the
County Attorney for another time.

E-FILED 2016 FEB 29 1:49 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR PRETRIAL CONFERENCE

Case Number
AGCR013007

Case Title
STATE VS CODY DUPRE
So Ordered

Electronically signed on 2016-02-29 13:49:25

page 2 of 2

E-FILED 2016 FEB 29 4:25 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.
CODY ANTHONY DUPRE,

REQUEST FOR RECIPROCAL


DISCOVERY

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

Continental Heritage Insurance Company


6140 Parkland Blvd., Ste 321
Cleveland, OH 44124
440.229.3420 FAX 440.229.3421

(PLACE BAIL AGENT'S ADDRESS STAMP HERE)

SAC COUNTY DISTRICT

IN THE

SAC

COURT

IOWA

COUNTY, STATE OF

IOWA

THE STATE OF

Plaintiff
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Know A l l Men By These Presents:


That we, C i p A ^

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_, as Principal, and Continental Heritage Insurance Company

as Surety (Identified by attached Power of Attorney No.

SAC COUNTY DISTRICT

are held and


the
na firngly
iirroiy bound_unto
bound unto tne

Court, City, County, or State

Dollars ($

in the sum <

33

Defendant

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for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally.
s-\
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The condition of this obligation is such that if the said (
) A L . U t- ( ? e
, Principal, shall
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SAC COUNTY DISTRICT

appear at the next regular or special term of the_

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and shall appear from day to day and term to term of said court and not depart the jurisdiction of the Oourt without leave then this
obligation shall be void, otherwise it shall remain in full force and effect.
Day of _

Signed and Sealed this


Taken before and approved by me:

Name

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CONTINENTAL HERITAGE INSURANCE C O M P A N Y

SEAL
OIIIO

Attorney-inVFact

Mark W. Holtan, A 1 Bail Bonds


THIS BOND IS VOID IF WRITTEN FOR AN AMOUNT
GREATER THAN THE POWER OF ATTORNEY
ATTACHED HERETO, IF MORE THAN ONE SUCH
POWER IS ATTACHED, OR IF WRITTEN AFTER THE
EXPIRATION DATE SPECIFIED ON THE ATTACHED
POWER OF ATTORNEY.

Agency Name

PO Box 12
Address

Thor, IA 50591
City, State, Zip Code

CH"013(10 05)

Continental Heritage Insurance Co.


- -a

POWER OF ATTORNEY

6140 Parkland Blvd., Sle 321


Mayfield Hts., OH 44124
(440) 229-3420 (866) 489-6639

WC15-01196976

POWER NO-

POWER AMOUNT

15,000.00

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.
nNENTALHERITAGE!NSURANCE
hascaus
IN WITNESS WHEREOF, THE CONTINENTAL
HERITAGEJNS,(JRANCE COMPANY ha^.
caused these presents to be signed by its duly authorized officers, proper for ihe purpose and its
corporate seal to be hereunto affixed this OC
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Bond Amount $
D A Y

of
MONTH

YE/fe

... CL9.IL^,

Defendant
Charges

Charles D. Hamm. FT&fdcnt

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Sa-^SEAL*--2008

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David A. Canzone. Chief Financial Officer

VOID IF NOT ISSUED BY:

7/6/2016

If rewrite, original
Attorney-in-Fact

f-

cc
=>

(SIGNATURE)

FOR STATE USE ONLY


NOT VALID IF ISSUED IN FEDERAL COURT

R1NT NAME)

BLUE - ORIGINAL FOR COURT

PINK - COPY FOR COMPANY

YELLOW - COPY FOR AGENT

WHITE - COPY FOR INDEMNITOR Form* CHI-01 (9112)

E-FILED 2016 MAR 31 3:30 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.

MOTION FOR CONTINUANCE

CODY ANTHONY DUPRE,


Defendant.
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben
Smith, and states the following in support of its Motion for Continuance:
1. That the parties are still engaged in negotiating a possible plea
agreement.
2. That to give the parties time to further these efforts, the trial should be
continued.
3. That Defendant waived his right to a speedy trial.
4. That the parties, through the undersigned, are jointly requesting that
the trial be rescheduled to May 10, 2016, and the pretrial conference to May 9,
2016.
WHEREFORE, for the reasons stated above, the State respectfully
requests that the Court grant the States Motion for Continuance and order such
other reliefs the Court deems just and equitable in the premises.

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

E-FILED 2016 MAR 31 4:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.

ORDER RESCHEDULING TRIAL

CODY ANTHONY DUPRE,


Defendant.
This matter came before the Court on the States Motion for Continuance.
The Court, upon reviewing the record and being advised in the premises, FINDS
that for the reasons set forth in the States Motion, the Trial shall be rescheduled
to May 10, 2016, and the pretrial conference to May 9, 2016.
IT IS THEREFORE ORDERED that the trial shall be and is continued to
May 10, 2016, at 9:00 a.m., at the Sac County Courthouse, Sac City, Iowa.
IT IS FURTHER ORDERED that the pretrial trial conference shall be and
is rescheduled to May 9, 2016, at 9:00 a.m., at the Sac County Courthouse, Sac
City, Iowa.
IT IS FURTHER ORDERED that Defendants failure to appear at this
hearing will result in a warrant being issued for his arrest.

E-FILED 2016 MAR 31 4:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR CONTINUANCE

Case Number
AGCR013007

Case Title
STATE VS CODY DUPRE
So Ordered

Electronically signed on 2016-03-31 16:22:16

page 2 of 2

E-FILED 2016 MAY 10 10:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. AGCR013007

Plaintiff,
v.

ORDER RESCHEDULING TRIAL

CODY ANTHONY DUPRE,

AND PRETRIAL CONFERENCE

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.

E-FILED 2016 MAY 10 10:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR CONTINUANCE

Case Number
AGCR013007

Case Title
STATE VS CODY DUPRE
So Ordered

Electronically signed on 2016-05-10 10:21:48

page 2 of 2

E-FILED 2016 JUN 13 2:38 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 13 2:38 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 13 2:38 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 13 2:38 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 17 10:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

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.

E-FILED 2016 JUN 17 10:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER SETTING HEARING

Case Number
AGCR013007

Case Title
STATE VS CODY DUPRE
So Ordered

Electronically signed on 2016-06-17 10:35:20

page 2 of 2

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