E-FILED 2014 NOV 25 1:48 AM SAC - CLERK OF DISTRICT COURT

Item #14-000803

Complaint

STATE OF IOWA, COUNTY OF SAC

Before (Judge, Magistrate)

STATE OF IOWA
Vs.

Criminal Case No.

Verdean Pearl Ackerson

Defendant

Address 209 S. State Street

Complaint

Sac City, Iowa 50583

Date of Birth 10-04-1961

Serious Misdemeanor

The defendant is accused of the crime of Possession of Marijuana in violation of (Section 124.401 (5) of the Code of Iowa)
or Ordinance No. __

of the City of __

, in that the defendant on the 27th day of September,

2014, at 930 9th

Street, Lake View, Iowa in Sac County, did

have possession of a green leafy substance that was lab tested and confirmed to be 7.1 grams of marijuana.

(State acts or omissions constituting offense)

Dated

November 25,2014
Stacey Carlson
Complainant

Statutory Reference 804.1 Code of Iowa

Address

Sac City Police Department

STATE OF IOWA,
COUNTY OF SAC, ss.
I, the undersigned, being duly sworn and underoath.-state that the following facts known by me or told to me by the other
reliable persons form my belief that Verdean Pearl Ackerson the defendant committed the crime charged.
On Saturday, September 27, 2014 at approximately 2214 hours, I received a report of a shoplifting that took place at Casey's in Sac
City. The report led to a traffic stop that took place at 930 9th Street, Lake View, Iowa by the Lake View Police, after I asked them to
stop the vehicle should they see it. I arrived on scene at 2230 hours. Ackerson had the merchandise on her person as described by the
clerk at Casey's. She was placed under arrest for Theft (5th) and a search for additional stolen merchandise was performed. Inside
Ackerson's purse was a metal tin container with 1- plastic container with a green leafy substance and 6 smaller baggies with green leafy
substances in them. The items were sent to the Carroll Police Department Marijuana Testing Laboratory in Carroll, Iowa for analysis.
The green leafy substance in Ackerson's purse tested positive to be 7.1 grams of marijuana.

Signature

Magistrate, Clerk or Notary Public in the State of Iowa

KAREN ELIZABETH KIME
Commission Number 777584
MY COMMISSION ~RES
MARCH 21, 20..if.IL

E-FILED 2014 NOV 25 11:31 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff

02811 SRCR012706

VS
VERDEAN ACKERSON

ORDER

Defendant

At the request of the Sac City Police Department, a warrant shall issue for the defendant's arrest on
this charge. The normal bond schedule amounts shall be checked.

1 of 2

E-FILED 2014 NOV 25 11:31 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012706
Type:

Case Title
STATE OF IOWA VS. VERDEAN PEARL ACKERSON
OTHER ORDER
So Ordered

Electronically signed on 2014-11-25 11:31:22

2 of 2

E-FILED 2014 NOV 28 1:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

NO. SRCR012706
sMCR012707

APPEAMNCE.

VS.

VERDEAN ACKERSON,
Defendant,

COMES NOW William H. Habhab, Attorney at Law, and herein enters his
appearance on behalf of the Defendant in the above captioned matters.

Zr.,.7rr-4-

Z*

<-

WILLIAM H. HABHAB ATOOO3OOS

'l 216-4 Central Avenue
Fort Dodge, lA 50501
515-955-7755
FAX 515-955-1981
williamhabhab@frontiernet. net
Attorney for Defendant

Original filed
Copy to: Sac County Attorney

E-FILED 2014 DEC 01 12:33 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff

02811 SRCR012706

VS
VERDEAN ACKERSON

ORDER

Defendant

Attorney William Habhab has filed an appearance on behalf of the defendant. The clerk shall
withdraw the warrant was issued in this matter.

1 of 2

E-FILED 2014 DEC 01 12:33 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012706
Type:

Case Title
STATE OF IOWA VS. VERDEAN PEARL ACKERSON
OTHER ORDER
So Ordered

Electronically signed on 2014-12-01 12:33:06

2 of 2

E-FILED 2014 DEC 01 2:12 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 05 10:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
CRIMINAL CAUSE NO. SRCR012706
Plaintiff,
vs.
TRIAL INFORMATION
VERDEAN PEARL ACKERSON,
DOB: 10/04/1961
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, Verdean Pearl
Ackerson of the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED
SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section
124.401(5) committed as follows:
The said Defendant, Verdean Pearl Ackerson, on or about September 27, 2014 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.
A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith

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

E-FILED 2015 JAN 05 10:41 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. VERDEAN PEARL ACKERSON

Criminal No. SRCR012706
COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

NAMES OF WITNESSES:
STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT
KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MICHELLE PEDERSEN, OFFICER, LAKE VIEW POLICE DEPARTMENT
NATHAN BOECKMAN, RESERVE OFFICER, LAKE VIEW POLICE DEPARTMENT
MARK HEINO, OFFICER / MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT / CARROLL
MARIJUANA TESTING FACILITY

E-FILED 2015 JAN 05 10:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
SRCR012706

Case Title
STATE OF IOWA VS. VERDEAN PEARL ACKERSON

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 2015-01-05 10:41:34

page 3 of 3

E-FILED 2015 JAN 05 10:41 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 SRCR012706

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

VERDEAN ACKERSON ,

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 is
scheduled on 01/21/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:

County Attorney
Defendant/Defense Attorney

E-FILED 2015 JAN 05 10:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
SRCR012706

Case Title
STATE OF IOWA VS. VERDEAN PEARL ACKERSON
So Ordered

Electronically signed on 2015-01-05 10:41:34

page 2 of 2

E-FILED 2015 JAN 07 5:07 PM SAC - CLERK OF DISTRICT COURT

WRITTEN ARRAIGNMENT AND PTEA OF NOT GUII.TY

IN THE IOWA

Mrr

DISTRICT COURT

FOR

co . wArrpr@.

r@^ D28 Dd-439 FOrm l0-S

<

Ploinliff,

dea

r ss

-Z + C-

STATE OF IOWA

/e.

p^Reorr

n ,4"2..rr-,
Defendont

WRITTEN ARRAIGNMENT

AND PLEA OF NOT GUIITY

-COUNTY
*o.fRcr? orz?oC

Comes now the obove nomed defendont jn,

rn lhe^oboye
rne ooove coptioned
coottonec criminol cose ond under ooth stotes:
.t I
William
William
H. Habhab
H.
Ar+^.^^..
l I om
represented k.,
by Attorney.
^m ranraca^ra-l

whose oddress ond telephone number ore

Fort Dodge

2:- My

1216-A Central Avenue

50501

5rs I 9ss-77 ss

current moiling ond residence oddresses ond telephone numbers

1,1

3. I om

ore,

)oi

f . r/"1- -r/*-/

(3

yeors old, hoving been born on

/o. a 1- C/
reod ond understond lhe English longuoge ond hove completed the following level of educotion:

4.

I hove been odvised by lhe obove nomed ottorney ond underslond thot I hove o righr lo orroignment in open

cou.rt, ond I hereby voluntorily woive thol right, choosing insteod to.sign this wriflen

orroignmeit ond pleo"of not guiltyl I

understond lhol times for.fuilher proceedings which ore computed fiom the dote of orriingment wiil be compuied irom

the dote of filing this written orroignment ond pleo of not guilty.
,5 I hove received-o copy:1 lhe indiclment/triol informotion which chorges me with the crime(s)

Trrcrf t,

of_

in violotion

''lol C5\o1

of

the lowo Criminol Code, I hove reod il, ond I hove fomiliorized myself with its contents.
6. With regord lo the nome by which I om chorged in t he indictment,/triol informotion (either check "o" or check
ond complele "b").
X;o. lhe nome shown on the indictment,/ triol informotion is my true nome. I hove been odvised ond understond
thot om now precluded from obiecting to the indictment,/ triol infoimotion upon rhe ground I ;; i-;-p;rly norn.a.
) b' The nome shown on lhe indictment,/ triol informotion is not my true nome. My true nome is-_I requesi.thot on.entry be mode in lhe minutes showing
my true nome.. I hove been odvised ond.un.derstond further proceedings will be'hoa oglinst ..t/
rf,"t nome, thJ
indictment,/ triol informotion will be omended occordingly, ond when the indictment/ trio'i informotion is so omended
I will be precluded from obiecting upon the ground I om'improperly nomed.
7. lhove been odvised ond understond thot lmoy pleod guilty, not guilty, or former conviction or ocquitol.
8. For lhe purpose of this orroignment,
orroiqnment, I hove
hove hod suff
sufficient
icient'time
time tJ
discrrss my
mv cose
..!sr with
wirh the
rhe .h^,o
t6 discuss
obove nomed
^-ollorney, ond I woive ony fuilher time in which to enter o pleo.
9. I pleod NOT GUILTY to the chorge(s) of See paragraph 5.
10. I hove been odvised ond undersiond thol I hcve o right under rule 27(2)(b) of the lowo Rules of Criminol procedure to o triol within ninety.doys.ofter indictment/fLtll gf ihe triol informotlon ond (check either,,o,, or,,b,,):
( ,) 9. ldemond o speedy triol pursuont lo rule 27(2)(b).
(Xt U lwoive.my right.to o speedy triol pursuont io ruie 27(2)(b).
ll. lrequest thot o triol dote be promptly set pursuont to rule 8.i of the lowo Rules of Criminol Procedure. My
ottorney ond lwill be ovoiloble for triql on the following doys:
section (s

Stote

of lowo,-

ounty,

ss.
th is

"Stotutory

Nolory public or other officer outhorized to toke ond certify

ocknowledgements ond odminister ooths.
P. of Chopter 1269 Acts of 69rh G.A. 1982 Session."

E-FILED 2015 JAN 08 1:59 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
VERDEAN ACKERSON ,

Case No: 02811 SRCR012706

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on January 9, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 03/04/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 04/07/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State 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.
1 of 3

E-FILED 2015 JAN 08 1:59 PM SAC - CLERK OF DISTRICT COURT

Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:

County Attorney, Defense Attorney or Defendant

2 of 3

E-FILED 2015 JAN 08 1:59 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012706
Type:

Case Title
STATE OF IOWA VS. VERDEAN PEARL ACKERSON
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-01-08 13:58:00

3 of 3

E-FILED 2015 JAN 23 5:44 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. SRCR012706

Plaintiff

GUILTY PLEA
SERIOUS MISDEMEANOR CONTROLLED SUBSTANCE

VERDEAN PEARL ACKERSON,

DOB:

101041196l
Defendant.

COUNT

I, the undersigned Defendant, have carefully read and fully understand the following:

am charged with POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED

SUBSTANCE, FIRST OFFENSE, in violation of Iowa Code Section 124.401(5), a Serious
Misdemeanor, and I hereby request that my plea of guilty to the charge be entered of record.

A.

The maximum punishment for this crime is:

o For the first offense, imprisonment of not more than six months in jail, and a fine of not
more than $1,000.00 plus statutory surcharges, plus all court costs and all costs and fees
incurred for legal assistance. The surcharges include a 35%o surcharge, a $125 Law
Enforcement Initiative Surcharge and a $10.00 DARE surcharge. There is a minimum fine of
$315.00, which is immediately due on the date of sentencing, unless a payment plan is
approved by the Court within thirty days of the Judgment date. The Court will also order the
Department of Transportation to revoke a driver's license for 180 days. This is in addition to
any suspension or revocation of driving privileges I am presently serving. The crime of First
Offense Possession of Controlled Substance is a Serious Misdemeanor.
o In addition, for any Possession of Controlled Substance conviction the Court shall
consider and may order denial of certain Federal and comparable State benefits, such as
student loans, grants, contracts, professional or commercial license. This does not include
retirement, welfare, Social Security, health, disability, veteran's benefits, public housing or
similar benefits.
. I will be required to pay correctional fees for incarceration and enrollment fees for
probation. I am aware that sentencing options may include deferral of sentence ofjudgment,
the grant of probation and the suspension of sentence imposed.
o I understand I may be required to complete a substance abuse evaluation at my own
expense. If ordered, I willprovide the evaluation to the Court before I am sentenced.
o The Court may order me to participate in a reality education substance abuse prevention
program.

The Court may order restitution to any victim of my offense. In addition, the Court may

order restitution up to $500 each to any public agency (fre-fighting, law enforcement,
ambulance, medical or any other emergency services) which responded as a result of my
violation.

E-FILED 2015 JAN 23 5:44 PM SAC - CLERK OF DISTRICT COURT

B. I understand

that a criminal conviction, defened judgment or deferred sentence may affect my

status under federal immigration laws.

C. If I

plead not guilty,

would be entitled to the following rights.

give up these rights by

pleading guilty:

). The right to a speedy and public trial by a jury of twelve people.

(2). The right to have an attorney represent me at trial and, if the Court found I was unable to
afford an attorney, the Court would, at public expense, appoint an attorney to represent me.
(3). At trial, I would be presumed innocent until such time, if ever, the State established my
guilt beyond a reasonable doubt.
(4). At trial, a jury verdict of guilty would have to be unanimous.
(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to
testifi, and if I choose not to testify, the State may not conunent on the fact of my failure to
testiSz and, at my request, I would be entitled to a jury instruction stating that the jury could
not infer guilt from my failure to testiff.
(6). At trial, the State would have to confront me with witnesses upon whose testimony it
relied to obtain conviction, and I would have the right to cross examine those witnesses.
(7). At trial, I would be entitled to present witnesses to testify on my behalf and to
compulsory process to secure those witnesses.
(I

D. By pleading guilty, there will not be a trial of any kind. By pleading guilty,
trial, and will be treated as if I had been tried and found guilty by a jury.

I waive

my right to

Court, in determining whether there is a factual basis for this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the Trial
lnformation, by reviewing the investigative reports of law enforcement agents who have
investigated the offense, or by asking me or counsel to recite and summarize the material facts
that would be offered at trial.

E. The

The Court has the discretion to accept or reject any plea agreement made between the State
and myself. The plea agreement is: I will plead guilty to Possession of Marijuana. a Schedule I
Controlled Substance. First Offense. in violation of lowa Code Section 124.401(5). a Serious
Misdemeanor. The recommended jail time is 30 days. all of which will be suspended. I will be
placed on informal probation to the Sac County Probation Officer for a period of one-(.l) year
from the Judgment entry date. I will pay a fine in the amount of $315.00. plus the 350% surcharge
in the amount of $110.25. plus the $125.00 Law Enforcement Initiative surcharge. the $10.00
DARE surcharge. and court costs: to be paid as set out in the Sac County Standard Probation
Agreement. I will comply with the recommendation of the Substance Abuse Evaluation. which I
was ordered by the Court to obtain. I understand that the lowa Department of Transportation
will revoke mlz driver's license for a period of 180 days. Pursuant to the plea agreement. the state
will not file additional charges arising from this incident provided I have no violations of law

during my probationary

period. The County Attorney will

recommend dismissal of

SMCR0l2707and SMCR0l2657. with court costs assessed to Defendant.

E-FILED 2015 JAN 23 5:44 PM SAC - CLERK OF DISTRICT COURT

This plea agreement includes that I will be responsible to pay court costs, payment of all
costs and fees incurred for legal assistance, victim restitution, correction (ail) fee for any jail
time and all surcharges and mandatory punishments (see paragraph B) applicable to my case.
I now state to the Court that I an1 in fact GUILTY and that no threats or promises have
been made to induce me to enter my plea of guilty. I have been informed that the elements of
the crime are: I did unlawfully and willfully knowingly or intentionally possess a
controlled substance, to-wit: Marijuana, A Schedule I Controlled Substance, unless
such was obtained by valid prescription. I understand the nature of the charge against
me.

This offense was committed by me in Sac County Iowa by my doing the following: I did on
or about September 27. 2014. possess Mariiuana. in/at 930 9th Street in Lake View.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my
rights and I do so freely and voluntarily. No threats have been made against me to obtain this
guilty plea. No promises of leniency or favorable treatment have been made, except for any plea
bargain disclosed to the Court at the time of this guilty plea.

F. lf the Court accepts my plea of guilty, I reahze:

(l) The Court will set a sentencing date not less than fifteen days after the date of its
acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I
must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to
file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence
today.

(2). If the Court imposes

a sentence today,

I will

never be able to challenge this plea of guilty,

and I will be giving up my right to directly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have
the Court address me personally.

lf

WAIVER OF MOTION IN ARREST OF JUDGMENT

now. I understand that:

the Court accepts my plea of guilty, I wish to be sentenced

l.

ln order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of
judgment, and that the Court will set a sentencing date not less than fifteen days after the
date of its acceptance of this guilty plea unless I waive this right, and the right to file a
Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.

2.

By having the Court impose my sentence now, I will never be able to challenge this plea of
guilty and I will be giving up my right to directly appealmy guilty plea.

I hereby request the Court sentence me now and I waive any time to which I may be entitled
for sentencing at a later date.

E-FILED 2015 JAN 23 5:44 PM SAC - CLERK OF DISTRICT COURT

WAIVER OF RIGHT TO BE PRESENT

I have a constitutional right to be present at my sentencing

behalf I understand that it is my choice to be present or not, and

have been fully advised that

and present evidence in my own

that no one can exclude me from sentencing.

With the above in mind, and further understanding that my decision whether to be present
or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my
sentencing.

Verdean Pearl Ackerson, Defendant

.4gz'-'244'-te

William Habhab, Defendant's Attorney

STATE OF IOWA

)SS
SAC COUNTY

On this
day of
2015
me the undersigned, a Notary Public
in and for said State.
b -ro
to me known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that she executed the same of her voluntary act and deed.

"22

Notary Public in and for the State of lowa

WLLIAM H. HABHAB
I'fumber

,0'lr
'HT

My

- ?- r

E-FILED 2015 JAN 23 5:44 PM SAC - CLERK OF DISTRICT COURT

SAC COUNTY STANDARD PROBATION AGREEMENT

Counft Courthouse, 2"d Floor, 100 Ntl State St, Suite 9, Sac City,

Sac County Probation, Soc

Telephone

7I

2-662-479

IA

50583

I, Verdean Pearl Ackerson, have been granted probation for the following offense, with further
Order of the Court being that I be placed under the supervision of the Sac County Probation Officer,
as provided by Chapter 907, Code of Iowa.
Case

#: SRCR012706

Possession of Marijuana, a Schedule I Controlled Substance, First

Offense, Serious Misdemeanor

Sentence: suspended
Supervision start date:

Fine:

Costs:

_,2015

315.00

35% Surcharge:

$
S100.00

Judgment Date:
,2015
Length of Probation: One Year

S_l10.25

DARE:

$10.00

LEI Surcharge: $125.00

SMCR012707 and SMCR0I2657 Court costs :$120.00
Clourt

I, Verdean Pearl Ackerson, do hereby agree that I will be subject to the following rules of probation.
L I will comply with the Judgment entry and obey all laws and rules of probation and complete any
programs or services ordered by the Court.

2.

I will complv with the Plan of Pavment for court costs. fines. surcharges. and any other financial
I am Court Ordered to pav on SRCR0I2706. SMCR0I2707 and SMCR0I2657. Defendant shall
pay all amounts Ordered by the Judgment, by paying $65.00 per month to the Sac Countv Clerk of Court
fees

with payment to begin on the 1Sth day of the month following the Judgment entry. and shall continue on the
15th dav of each month untilpaid 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 DL'E AT THAT TIME. Defendant is advised that if one
payment is missed. the entire obligation becomes immediatelv due.

3.

Approval by the Court is required for travel outside of the United States.

4.

I will submit to toxicology/breathalyzer or drug testing upon the request of my probation officer or

peace officer.

5. If I am arrested or receive a notice to appear in Court on a criminal charge, I will tell my

probation officer with-in seven (7) days.

understand that my failure to comply with the above wilt be deemed to be a violation of the terms of
my protlation, for which my probation may be revoked by the Court or in my being transferred to a more
restrictive level of confinement.
I hereby certifo that I have read (or had read to me) the above agreement, and that I do understand and
agree that it shall be in full force and effect until I have received my final discharge from probation.
I further certify that I hav-e received a copy of this probation agreement.
Signed,116 dJday

of Ja^- .

)ors.

Probationer

oo*"rr,

Probation Compliance Oflicer

ao? ,o S{at" &c't I l-

Phone Number:

lo

UO- 01

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E-FILED 2015 JAN 26 1:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

SRCR012706
Plaintiff,

v.
VERDEAN PEARL ACKERSON,

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

Defendant.
DATE:

January 26, 2015

CHARGE:

Possession of Marijuana, a serious misdemeanor, in violation of

Iowa Code 124.401(5)

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Possession of Marijuana in
violation of Iowa Code 124.401(5).
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $315.00;
(2)
a 35% surcharge of $110.25;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the

E-FILED 2015 JAN 26 1:50 PM SAC - CLERK OF DISTRICT COURT

(6)

restitution amount, with or without a hearing as the Court

deems appropriate; and
the court costs of this action.

Defendant shall pay all financial obligations owed to the Clerk of

Court of this county or online at www.iowacourts.gov. Defendant
shall pay the balance due by way of a plan of payment developed
by the probation supervisor.
b.

Defendant shall serve thirty (30) days in the county jail, with all of
that sentence suspended. Defendant shall be given credit for time
previously served.
In compliance with Iowa Code Section 356.7, Defendant
shall pay fees as later assessed for the room and board provided to
Defendant while in the custody of the Sheriff as a result of
Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation to the Sac
County Probation Office (the Probation Supervisor) for a period of
one (1) year from the date of filing of this Order. Defendants
probation shall be on such terms and conditions that the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

(3)

If Defendant becomes eligible for reinstatement of

Defendants drivers license during the term of probation,
Defendant shall take all steps necessary to obtain a valid
drivers license as soon as Defendant is eligible;

E-FILED 2015 JAN 26 1:50 PM SAC - CLERK OF DISTRICT COURT

d.

(4)

Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;

(5)

Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location;

(6)

If Defendant has not already done so, Defendant shall

undergo a substance abuse evaluation and follow any
recommendations for treatment or counseling made as a
result of the evaluation, all at Defendant's own expense. If
Defendant has not already done so, in order to provide proof
that Defendant has undergone the required evaluation,
Defendant shall procure from the substance abuse evaluator
a letter or written report which shall be filed with the Clerk
of this Court no later than 21 days from the date this Order
is filed; and

(7)

Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner; and

Pursuant to Iowa Code Section 901.5(10), the Iowa Department of

Transportation (the IDOT) shall revoke Defendants drivers
license or motor vehicle operating privilege for a period of one
hundred eighty (180) days, or shall delay the issuance of a drivers
license for one hundred eighty (180) days after Defendant is first
eligible if Defendant has not been issued a drivers license. If
Defendants operating privileges are suspended or revoked at the
time of entry of this Order, the one hundred eighty-day (180-day)
revocation period shall not begin until all other suspensions or
revocations have been terminated. The IDOT shall not issue a
temporary restricted license to Defendant during the revocation
period without further order by this Court.

E-FILED 2015 JAN 26 1:50 PM SAC - CLERK OF DISTRICT COURT

3.
The Court imposes this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
7.
IT IS FURTHER ORDERED that Case Nos. SMCR012657 and SMCR012707
are dismissed upon motion of the county attorney and pursuant to plea agreement.
Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff
Probation Supervisor
Iowa Department of Transportation

E-FILED 2015 JAN 26 1:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SRCR012706

Case Title
STATE OF IOWA VS. VERDEAN PEARL ACKERSON
So Ordered

Electronically signed on 2015-01-26 13:50:43

page 5 of 5

E-FILED 2015 JAN 28 10:30 AM SAC - CLERK OF DISTRICT COURT