E-FILED 2013 NOV 28 6:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 3:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation RALPH J FREESE Defendant Case No. 02811 FECR012467

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: POSSESSION OF CONTROLLED SUBSTANCE W/INTENT TO DELIVER in violation of Section(s) 124.401(1)(C) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 12/16/2013 at 08:30 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 BASS CLERK 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 Magistrate before 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 an original notice (804.1).

E-FILED 2013 DEC 14 12:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ORDER RALPH J FREESE , Defendant. 02811 FECR012467

The summons in this case was returned and the clerk does not have a new address. Therefore a warrant shall issue for the defendant's arrest.

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E-FILED 2013 DEC 14 12:42 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012467 Type: Case Title STATE VS RALPH JOHN FREESE OTHER ORDER So Ordered

Electronically signed on 2013-12-14 24:43:01

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E-FILED 2013 DEC 17 8:10 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 17 4:40 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012467 vs. RALPH J FREESE , Defendant. INITIAL APPEARANCE

Charges: 01 - 124.401(1)(c) - CONTROLLED SUBSTANCE VIOL. (FELC) The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime(s) indicated above. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class C 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 10 Years Prison And/Or $1,000 to $10,000 fine plus 35% surcharge and court costs 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
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E-FILED 2013 DEC 17 4:40 PM SAC - CLERK OF DISTRICT COURT

5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: You must post a cash or surety bond in the amount of $10,000. If released you must not use any alcohol or illegal drugs during the pendency of this matter. You must obey all laws of Iowa and the U.S.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on 12/30/2013 at 10:00 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 at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff

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E-FILED 2013 DEC 17 4:40 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012467 Type: Case Title STATE VS RALPH JOHN FREESE HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-12-17 16:40:56

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FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

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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. ^ ^

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E-FILED 2013 DEC 18 10:03 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. RALPH J FREESE , DEFENDANT. 02811 FECR012467 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Charles Schulte 712-662-4715, a contract attorney, is appointed.

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E-FILED 2013 DEC 18 10:03 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012467 Type: Case Title STATE VS RALPH JOHN FREESE ORDER APPOINTING So Ordered

Electronically signed on 2013-12-18 22:04:13

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E-FILED 2013 DEC 20 9:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR CARROLL COUNTY THE STATE OF IOWA ) ) ) ) ) FECR012467 ORDER FOR RELEASE

VS.

RALPH J. FREESE, Defendan !!!!!!!!!!!!!!!!!!!!!!!!!!! On "#$ da e, "e C%&' (%n$#de'$ "e a))*#(a #%n %f C"a'*e$ A. S("&* e, a %'ne+ f%' "e defendan , f%' an O'de' 'e*ea$#n, "e defendan f'%- (&$ %d+ )end#n, 'e$%*& #%n %f "e$e -a e'$. T"e C%&' #$ #nf%'-ed "a "e C%&n + A %'ne+ (%n(&'$ .# " "#$ 'e/&e$ . IT IS THEREFORE ORDERED0 T"e defendan , Ra*)" J. F'ee$e, $"a** 1e 'e*ea$ed f'%(&$ %d+ a "#$ #-e )end#n, d#$)%$# #%n %f "#$ -a e'.

E-FILED 2013 DEC 20 9:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012467 OTHER ORDER Case Title STATE VS RALPH JOHN FREESE So Ordered

Electronically signed on 2013-12-20 09:18:02

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E-FILED 2014 JAN 08 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. RALPH J FREESE , Defendant. The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is scheduled on 01/13/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant and will result in forfeiture of the appearance bond on file. IT IS FURTHER ORDERED, the Defendant's bond and conditions for release from custody in this matter shall be: Bond previously set shall continue. Clerk to provide notice or copies to: County Attorney Defendant/Defense Attorney Case No: 02811 FECR012467 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

State of Iowa Courts Type: Case Number FECR012467 ORDER FOR ARRAIGNMENT Case Title STATE VS RALPH JOHN FREESE So Ordered

Electronically signed on 2014-01-08 09:52:13

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E-FILED 2014 JAN 08 9:52 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012467 Plaintiff, vs. TRIAL INFORMATION RALPH JOHN FREESE, DOB: 04/18/1994 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, Ralph John Freese of the crime of CONSPIRE TO MANUFACTURE, DELIVER AND/OR POSSESS WITH INTENT TO DELIVER METHAMPHETAMINE, a Class C Felony in violation of Iowa Code Sections 124.401(1)(c )(6) and 124.413 committed as follows: The said Defendant, Ralph John Freese, on or about August 14, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully unlawfully act with, enter into a common scheme, design with or conspire with one or more persons to create, deliver or possess with intent to deliver a controlled substance, to-wit: not more than 5 grams of a mixture or substance containing a detectable amount of Methamphetamine. A TRUE INFORMATION

/s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org 1

E-FILED 2014 JAN 08 9:52 AM SAC - CLERK OF DISTRICT COURT

NAMES OF WITNESSES-FECR012467: JOHN THOMSEN, CHIEF, SAC CITY POLICE DEPARTMENT MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT AMY JOHNSON OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY DCI CRIMINALISTICS LABORATORY

E-FILED 2014 JAN 08 9:52 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012467 Approval of Trial Information Case Title STATE VS RALPH JOHN FREESE

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2014-01-08 09:52:12

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E-FILED 2014 FEB 10 1:55 PM SAC - CLERK OF DISTRICT COURT

COURTFOR SAC COT-NTY IN THE IOWA DISRICT STATEOF IOWA. Vs. RALPHJ. FREESE Def'endant CRIMINAL NO FECROI2467 WRITTENARRAIGNMENT. PLEAOF'NOT GUILTY filed: o t /o6 DateTrial Information / rI

in the abovc-captioned criminalcaseand underoathstatcs: COMES NOW the Delendant rvl.rose address and phoncnumberare A. Schulte. l. I am represenled by Attorncy Charles 662-4715. 421 Main St..PO Box 392.SacCity. IA. 50583;(712) address andphonenumberare P.O.Box 502.Wall 2. My currentmailing and residence 5. MJ datcof birth is 01-18-1994. Lake.IA 5 1466. M-vphonenumberis: (712) 664-297 the follou'ing level and havecompleted the Englishlanguagc I canreadand understand ofeducation:l2 Ycars. that I have a right to arraignment 4. I havebeen advisedby my attorneyand understand to sign this Written instead and I voluntarily*'aive that right. choosing in openCour1. proceedings that timesfor furll.rer Anaignmentand Pleaof Not Guilty. I understand from the dateof which are computedliom the date of anaignmentwill be computed and Pleaof Not Guilty. Iiling this Written Arraignment whicl.r me with the crime of charges a copy of the Trial Information 5. I havereceived COUNT I: POSSESSIONOF A CONTROLLED SUBSTANCE WITH INTENT TO DELIVER in violation of lowa Code Section124.401(1XcX6). in the Trial Inlbrmation(eithercheck which I am charged 6, With regardto the namc b"v "b"): "a" or checkand complete ,/ on the Trial lnformationis mv true name. I havebecnadvised \ 6. The naure to the Trial lnformationuponthe liom objecting that i am non'precluded and understand groundthat I am in.rproperly named. ( )b. The nameshownon the Trial lnformationis not m.vtrue name. My lrue showingmy true namc. I have that an entry be madein thc rninutes nameis. I request proceedings will me by that name. be had against further and understand beenadvised and whenthe l'rial Informationis stl accordingly. thc frial Infonnationwill be amendcd grounds I anr impropcrlynamed. upon the liom objecting I will be precludcd amended. pleadguilty, not guilty or former that I r.r.ray advisedand understand 7. I havebeer.r convictionor acquittal.

E-FILED 2014 FEB 10 1:55 PM SAC - CLERK OF DISTRICT COURT

my casewith I havehad sufficienttime to discuss 8. Forthe purpose ofthis anaignmcnt. my attorney,and I w'aive any further time in rvhich to enter a plea. in paragraph 5 above. 9. I pleadNOT GUILTY to the chargcs of the that I havea right underRule 2.33(2)(b) 10. I havebeenadvisedand understand year after the filing of Iou'a Rttles ol Critninal Procedureto a trial within ninet.vda1's/one (check either"a" or "b"): the Trial Infbrmationand (pC -/. to Rule 2.33(2)(b) and (c). I demandspccdytrial pursuant

and (c). ( ) b. I waive my right to a speed.v trial pursuant to Rute2.33(2)(b) o/ Criminal to Rule 8.1 of thelotra Rules 11. I request that a trial datebe setpursuant for trial on the lbllot'ing days:Any Procetlure.My attorneyand I will be available Time.

Attorneylbr Defendant
Original to be filed rvith Clerk of Court Copy provided to: SacCounty Attorney

E-FILED 2014 FEB 12 5:02 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. RALPH J FREESE , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on February 10, 2014. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on March 4, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 02/24/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 FECR012467

ORDER FOR TRIAL

E-FILED 2014 FEB 12 5:02 PM SAC - CLERK OF DISTRICT COURT

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

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E-FILED 2014 FEB 12 5:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012467 Type: Case Title STATE VS RALPH JOHN FREESE ORDER SETTING TRIAL So Ordered

Electronically signed on 2014-02-12 17:03:27

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E-FILED 2014 FEB 27 2:59 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. RALPH JOHN FREESE, Defendant. COMES NOW the State of Iowa through Sac County Attorney Ben Smith and states at the February 24, 2014, pretrial conference the State agreed to dismiss the criminal charges if defendant agreed the dismissal would be without prejudice and to pay court costs and attorney fees. The defendant, through his attorney, Charles Schulte, informed the undersigned his client, agreeable to the entry of an order consistent with the above-stated terms and conditions of the States offer. The undersigned further states that defendant, through his attorney, agreed he has the reasonable ability to pay restitution of fees, including the expense of a public defender. WHEREFORE, the State asks that this Court enter an order consistent with the relief requested above. MOTION TO DISMISS CASE No. FECR012467

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org

E-FILED 2014 FEB 27 3:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. RALPH JOHN FREESE, Defendant. T(i) *atte+ ,a*e -efo+e t(e Co.+t on t(e State/) 'otion to Di)*i)). T(e Co.+t, .0on +evie1in2 t(e +e,o+d and -ein2 advi)ed in t(e 0+e*i)e), FINDS and ORDERS t(at t(e T+ial Info+*ation filed (e+ein on Jan.a+3 4, " !#, )(all -e and i) di)*i))ed 1it(o.t 0+e5.di,e. T(e Co.+t FURTHER FINDS and ORDERS defendant i) +e,eivin2 ,o.+t a00ointed le2al a))i)tan,e, t(e ,o.+t find) .0on in6.i+3, +evie1 of t(e ,a)e file an3 ot(e+ info+*ation 0+ovided -3 t(e 0a+tie), t(e defendant (a) t(e +ea)ona-le a-ilit3 to 0a3 +e)tit.tion of fee), in,l.din2 e70en)e of a 0.-li, defende+. IT IS FURTHER ORDERED t(at defendant )(all 0a3 ,o.+t ,o)t) in t(e a*o.nt of 8!"%.4#. IT IS FURTHER ORDERED t(at defendant )(all 0a3 ,o)t) fo+ atto+ne3/) fee) in t(e a*o.nt of 89#4. . T(e defendant i) HERE:Y NOTIFIED t(at t(e a-ove fine), fee), and ,o.+t ,o)t) -e,o*e 0a)t d.e if not 0aid 1it(in t(i+t3 ;9 < da3) of t(i) O+de+. ORDER &RANTIN& DIS'ISSAL CASE No. FECR !"#$%

E-FILED 2014 FEB 27 3:38 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012467 ORDER DISMISSING AT APPLICATION Case Title STATE VS RALPH JOHN FREESE So Ordered

Electronically signed on 2014-02-27 15:38:08

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