E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUN 26 8:38 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
CODY DUPREE,
Defendant.
Case No. FECR012240

APPLICATION FOR ARREST
WARRANT AND TO SET HEARING TO
REVOKE DEFENDANTS PROBATION
COMES NOW, the State of Iowa, through Ben Smith, Sac County Attorney, and in
support of his Application to Revoke Defendants Probation states the following:
1. On May 7, 2013, defendant plead guilty to the charge of Burglary in the Third
Degree, in violation of Iowa Code 713.1 and 713.6A, a Class D felony. On May 27,
2013, the Court ordered defendant be committed to the custody of the Iowa DOC for a
term not to exceed five 5 years, but suspended said sentence and placed defendant on
probation for a period of 3 years.
2. On June 26, 2013, defendant was arrested in Sac County, Iowa, for first degree
burglary, a Class B felony, the criminal complaint for said charge is attached hereto as
Exhibit 1 and is incorporated herein by reference as though fully set forth herein.
3. The terms and conditions of defendants probation agreement required that he
not have any further violations of the law and report any arrest within 24 hours with the
Iowa DOC, the terms and conditions of defendants probation agreement with the Iowa
DOC, a copy of which is attached hereto as Exhibit 2 and is incorporated by reference
as though fully set forth herein.
4. By the very nature of defendants new charges, defendant has violated the terms
and conditions of his probation.
5. Additionally, law enforcement informed the undersigned that less than 2 days
after being bonded out of jail following his June 26, 2013, first degree burglary arrest,
defendant threatened to kill a Wall Lake, Iowa, resident. (See Exhibit 3)
WHEREFORE, the undersigned respectfully requests that the Court immediately issue
an arrest warrant for defendant for violating the terms and conditions of his probation. The
undersigned further requests that following a hearing, the Court revoke defendants
probation and commit defendant to the Iowa DOC for incarceration for a term not to exceed
5 years.
/s/ Benjamin John Smith
Benjamin John Smith - AT0008834
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Facsimile: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
2
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
2
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
3
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 03 12:38 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
CODY DUPREE,
Defendant.
Case No. FECR012240

ORDER ISSUING ARREST WARRANT
AND SETTING HEARING TO REVOKE
DEFENDANTS PROBATION
This matter came before the Court on the States application for an arrest warrant
and to set a hearing on the States application to revoke defendants probation. The
Court, upon reviewing the record and being advised in the premises, FINDS that on the
face of the States aforementioned application and the attachments thereto, there exists
probable cause to believe defendant violated the terms and conditions of his probation in
Sac County Case No. FECR012240 (class D felony conviction), as well violating any
usual terms and conditions normally associated with pretrial release for a class B
felony charge such as defendants June 26, 2013, first degree burglary charge (Sac
County Case No. FECR012340).
IT IS THEREFORE ORDERED that the Clerk of Court shall immediately issue a
warrant for defendants arrest.
IT IS FURTHER ORDERED that a hearing on the merits of the States Application to
Revoke Defendants probation in FECR012240 shall be and is set for 11:00 a.m., August
13, 2013, at 11:00 a.m. at the Sac County Courthouse, Sac City, Iowa.


Bond set at $10000.00 cash or surety.


E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
FECR012240 STATE VS CODY ANTHONY DUPRE
So Ordered
Electronically signed on 2013-07-03 16:19:31 page 2 of 2
E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
CODY DUPREE,
Defendant.
Case No. FECR012240

ORDER ISSUING ARREST WARRANT
AND SETTING HEARING TO REVOKE
DEFENDANTS PROBATION
This matter came before the Court on the States application for an arrest warrant
and to set a hearing on the States application to revoke defendants probation. The
Court, upon reviewing the record and being advised in the premises, FINDS that on the
face of the States aforementioned application and the attachments thereto, there exists
probable cause to believe defendant violated the terms and conditions of his probation in
Sac County Case No. FECR012240 (class D felony conviction), as well violating any
usual terms and conditions normally associated with pretrial release for a class B
felony charge such as defendants June 26, 2013, first degree burglary charge (Sac
County Case No. FECR012340).
IT IS THEREFORE ORDERED that the Clerk of Court shall immediately issue a
warrant for defendants arrest.
IT IS FURTHER ORDERED that a hearing on the merits of the States Application to
Revoke Defendants probation in FECR012240 shall be and is set for 11:00 a.m., August
13, 2013, at 11:00 a.m. at the Sac County Courthouse, Sac City, Iowa.


Bond set at $10000.00 cash or surety.


E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
FECR012240 STATE VS CODY ANTHONY DUPRE
So Ordered
Electronically signed on 2013-07-03 16:19:31 page 2 of 2
E-FILED 2013 JUL 03 4:19 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR
Sac
0,STR
{CI COURT OF | G
WA
SACCOUNTY
FILED
2013JUL-5 PH2.-23
. COUNTY
STATE OF IOWA or
vs.
Plaintifi/Petitioner,
J. , r)
COP/ Pupr^
Defendant/Respondent.
Y Criminal Civil
No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Birth Date: f ' J .
Name:
Home Phone:
Street Address:
Cell Phone: mail:
Street/P.O. Box Apt# City
Pending charges:
State Zip
InJail?MYes No
Do you have a job? No Job ^ Y e s , Full Time Yes, Part Time (List Hours/week: )
Who do you work for? U f S Q f ) ^ S P p i ^ & J ^
How much money do you currently make before taxes or deductions? / / per ^Thour month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
M o
How many family members are supported by or live with you? ifflpf-i *0*~.
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
else worth more than $100
ing money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
0: C/)/TU> & * r , SA'i f^tL
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date i "' " ' / Signature
Rev. 1/6/12
CONTINENTAL HERITAGE
Insurance Company
Continental Heritage Insurance Company
6140 Parkland Blvd., Ste 321
Cleveland, OH 44124
440.229.3420 FAX 440.229.3421
Mark W. Holtan
A 1 Bail Bonds
PO Box 12
Thor, IA 50591
Office 515-378-3286
Fax 515-576-3276
(PLACE BAIL AGENT'S ADDRESS STAMP HERE)
IN THE
s
County District
o
Zn
_cejpRT
COUNTY, STATE OF_
lowa
THE STATE OF
lowa
Plaintiff
VS .
}
No.
t-s t/>a
^ i & > -
CO
-<-r>
7>
Defendant
That we
Know All Men By These Presents:
l y ^ ^ O ^ - - ^ ^ ^ as Principal, and Continental Heritage Insurance Company
as Surety (Identified by attached Power of Attorney No.
are held and firmly bound unto the
in the sum off /
3o-X_. County District
C o u r t , C i t y , County , o r S t a t e
i O. o o o
Dollars ($_
for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally. /~\ \ T"^ ^
The condition of this obligation is such that if the said >(bc^- L i ^ ^ - ^ Principal, shall
appear at the next regular or special term of the_
County District
Name
Court 7 ^ . j g to answer a charge of
and shall appear from day to day and term to term of said court and not depart the jurisdiction ofthe Court without leave then this
obligation shall be void, otherwise it shall remain in full force and effect.
Signed and Sealed this
Taken before and approved by me:
Day of
Name
Title
\<Y. .
;
^ Principal
7 CORPORATE.^:
; ; \ o;
111 ~~ if!
CONTINENTAL HERITAGE INSURANCE COMPANY
SEAL
rjfiio
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.
Attorney-invact
Mark W. Holtan,~A 1 Bail Bonds
Agency Name
PO Box 12
Address
Thor, IA 50591
City, State, Zip Code
CH 013 (10 05)
\
Continental Heritage Insurance Co.
^
:
' ? "i v ~^;61g"teklandBlwi./Ste 32l'
' : .Mayfielc! Ills., OH-14124
S
t
r.:'.':'. (440l.229-.M20 "(>) iS')-b(.V) ,'
POWER OF ATTORNEY
' P OWER NO-
POWER AMOUNT
WC30-01035575
30,000.00
I f V V ^ , T ' ^ V
C ra
""
2
'Insurance Company, a co^ration duly orgai
2
ed>nd existing under'the laws of d,e State of Florida and by the
W ^ ^ d b y ^ e ^ p ^ e nt s d o e ^
^ ' f ' n
1 1
A u t h p n t y of such Attorney , , is limhed ,o appearance bonds and cannot be construed to
(!
uaran,e defendant's future wful
conduct.adherence to travel bjmtauons, fines, resumtion^payments or penalties, or any other condition imposed byVcdujt not ipecacally-related to^ouh appearance
This Power-of Attorneys for use wkh BaUBonds only. No, .valid if.used in connection wi * Federal or Immiorauon Bonds. TOs'power is void'if altered or erased, void if used vvith other
m
; ~
r a b l n a
:
,
' I
,
"
;
"'
i
' !
1
l >^ J rom any other surety company/and void .fused to furnish bail in eicess of the stated face amount of this power, and cat, only be
The obligation of the companv'shall riot exceed the sum of: T H I R T Y T HO U S A N D D O L L A R S . .. -
and^ ided^ ns Power of A, , ^, ey is with i i i bond and retained as a part of the court recordv 7*e said Attorney-in-Fac, ts hereby authorized to insert i nf e Power^Attorney ihe !
name ofthe person on whosc.behalf this bond was fflven:fc>T,y--.'.; :r-j:.F:i, . i"7-V,
;
~ T-
:
- i i : ;
-
'. :\v--.r;-.. '
IN WITNESS WHEREOF, THE CONT INE
- "'ST: '
lto-affixed this '^r
DAY
corporate seal-to be hercunto-a^ed this
Bond
Defendant
caused these presentsi to .be^igried by its duly authorized of^
:
Charges
Case No!
^_State
. Edward F.Feigl
SEAL
2008
<^ CD
By
David A. Canzone. Chief Financial Officer "
If rewrite, original
"Attorney-in-Fact
BLUE - ORIGINAL FOR COURT
: .
/ /
' //i Mi >^
(SIGNATURE)
(PRINT NAME)
VOID IF NOT ISSI1FXI BY:
1/15/2014
FOR STATE USE ONLY ..... '
' NOT VALID IF ISSUED IN FEDERAL COURT
PINK - COPY FOR COMPANY
YELLOW - COPY FOR AGENT
u
O
;.u-
06
o:
0-
c
u
WHITE - COPY FOR INDEMNITOR F o r m# CH/ -0/ tfW2;
E-FILED 2013 JUL 08 8:42 AM SAC - CLERK OF DISTRICT COURT

1
IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff, FECR012240
vs.
ORDER
CODY ANTHONY DUPRE,
Defendant.



On this date, a hearing was scheduled in regard to the States Application to Revoke the
Defendants Probation. Prior to the hearing, counsel advised the Court that the parties were
attempting to work out a settlement and requested an indefinite continuance of this hearing.
ORDER
IT IS ORDERED that the parties request for an indefinite continuance of this hearing is
sustained. This matter will not be rescheduled for hearing unless either party files a written
request with the Clerk of Court.

CLERK TO MAIL COPIES TO:
County Attorney
Charles Schulte






E-FILED 2013 AUG 13 10:52 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
FECR012240 STATE VS CODY ANTHONY DUPRE
So Ordered
Electronically signed on 2013-08-13 10:52:29 page 2 of 2
E-FILED 2013 AUG 13 10:52 AM SAC - CLERK OF DISTRICT COURT
2RCR01
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.

CODY ANTHONY DUPRE ,

DEFENDANT.

Case No. 02811 FECR012240



O R D E R

It Is Ordered that Mr. Charles Schulte is appointed to represent the defendant in this
litigation effective July 5, 2013.


CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
CHARLES ADAM SCHULTE
1 of 2
E-FILED 2013 AUG 19 10:35 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
FECR012240 STATE VS CODY ANTHONY DUPRE
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-08-19 10:34:26
2 of 2
E-FILED 2013 AUG 19 10:35 AM SAC - CLERK OF DISTRICT COURT