Escolar Documentos
Profissional Documentos
Cultura Documentos
STATE OF IOWA
Plaintiff
vs
Summons or Citation
MARK STRAKA
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
ANIMAL ABUSE
in violation of Section(s) 717B.2 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
07/28/2014 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.
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).
rriminal
STATE OF IOWA or
Plaintiff/Petitioner,
vs.
Mirk
.COUNTyfl|
AH IO: 52
Civil
NO. Afcnjt -
^m~kM
U U L 2
o^s^y
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
Name:
fVfo/
C\
Birth Date:
Cell Phone:
Home Phone:
& E-mail:
0 3
- ? D
fl> 3 -
30
states:
-
I ? S
/ & ?
Street Address:
Apt#
Street/P.O. Box
Pending charges:
\.
/ Ltf C( (
No Job
A r /?
g^eSTFull Time
City/
State
Zip
In Jail? Yes No
CJ
How much money have you made in the last 12 months from any source, before taxes or deductions? ^ . t y j ^ j p O . O O
How many family members are supported by or live with you? *S?~
If a spouse lives with you, how much money does your spouse make? $ f / / f y ~ per
hour
List all other money you, or anyone else living in your household, has coming in:
month
year
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash., or anything
else worth more than $100:
f-{ e U S .
p a y 1*1 t *t f
J*S^ 5~- ^
!
^
C>
List amounts you pay monthly for mortgages, rent, car loans, cre^caidsrchild 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
Signatur
\
Rev. 1/6/12
7
7
STATE OF IOWA,
PLAINTIFF,
VS.
MARK STRAKA ,
02811 AGCR012597
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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 between 125% and 200% of the guidelines, not appointing would cause
financial hardship.
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER APPOINTING
So Ordered
2 of 2
)
)
)
Crim No.AGCR012597
)
) Appearance and Waiver of
) Preliminary Hear
)
)
)
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
Original filed
Copy to: County Attorney
INITIAL APPEARANCE
Charges:
01 - 717B.2 - ANIMAL ABUSE
Defendant appears by attorney Charles Schulte.
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
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
2 Years Prison
And/Or $625 to 6,250 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.
1 of 3
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:
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 at : AM at the .
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
2 of 3
Case Title
STATE VS MARK STRAKA
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
TRIAL INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
SUE HENSON, OCCUPATION UNKNOWN
A.T., A JUVENILE, STUDENT
DON NADRCHAL, DOCTOR OF VETERINARY MEDICINE, ANIMAL HEALTH CENTER
Case Number
AGCR012597
Case Title
STATE VS MARK STRAKA
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
page 3 of 3
STATE OF IOWA,
Plaintiff,
vs
MARK STRAKA ,
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 09/03/2014 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.
Case Number
AGCR012597
Case Title
STATE VS MARK STRAKA
So Ordered
page 2 of 2
NO AGCROI2597
CRTMINAL
Vs.
WRITTENARRAIGNMENT.
MARK STRAKA
PLEAOFNOT GUILTY
Defendant
DateTrial Informationfiled: 08/2612014
criminalcaseand t-lndcroathstates:
in the abovc-captioned
COMES NOW the Dcf'crrdant
by Attorne-vCharlesA. Schulte.whoseaddressand phonenumberare
l. I am represented
421 Main St..PO Box 392.SacCit)'.IA. 50583;(712)662-4115.
2. My currer]tmailing and rcsidenceaddressanclphonenumbcrare -12522.lr)'l'51..5n.
My dateof birthis 03-30-1957.I
Citv,lA 50583.My phonenumberis: 712-661-9778.
canreadand understandthe Finglishlanguageand havecompletedthe follo"vinglevel of
education:12 Years.
'1. I havebeenadvisedb-vml attomel and undcrstand
that I havea right to arraignment
in opcnCourt.ar.rdI voluntaril.vrvaivethat right. choosinginsteadto sign this Written
that times 1brIurtherprocecdings
Arraignmentand Pleaof Not Guilty. I undcrstand
which are computedfrom the date of arraignmentn'ill be cot.nputedtiom the date o1
hling this Writtcn Arraignmentand Pleaof Not Guiltl.
Defendant.
The defendant having filed a written arraignment in this matter on September 2, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 10/15/2014 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 11/04/2014 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
2 of 3
Case Title
STATE VS MARK STRAKA
ORDER SETTING TRIAL
So Ordered
3 of 3
Date: 09/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
AGCR012597
No.
vs.
MARK STRAKA
Defendant
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
MARK STRAKA ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before September 26, 2014. If any objection is filed on or
before September 26, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before September 26, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS MARK STRAKA
OTHER ORDER
So Ordered
2 of 2
)
)
AGCR012597
)
) OBJECTION TO EXPANDED
) MEDIA COVERAGE
)
______________________
COMES NOW the defendant and hereby objects to expanded media coverage of
his case.
WHEREFORE: Defendant prays the Court to deny the request for expanded media
coverage.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net
STATE OF IOWA ,
plaintiff(s) / petitioner(s),
vs.
MARK STRAKA ,
defendant(s) / respondent(s).
The Court is in receipt of Defendant's Objection to Expanded Media Coverage and the same
should be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 10/01/2014 at 10:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER SETTING HEARING
So Ordered
2 of 2
)
) AGCR012597
Plaintiff
)
vs
) MOTION TO CONTINUE
MARK STRAKA
)
)
Defendant
)
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:
Hearing on Defendants Objection to Expanded Media Coverage this matter has
been scheduled for October 1, 2014 at 10:30 A.M.
1. The undersigned attorney will be out of state until October 9th, 2014.
WHEREFORE, Defendant requests the Court to continue the hearing in this
matter to a later date convenient to the Court.
Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583
Phone (712) 662-4715
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012597
ORDER OF CONTINUANCE
MARK STRAKA ,
Defendant / Respondent.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER FOR CONTINUANCE
So Ordered
2 of 2
02811 AGCR012597
Plaintiff,
v.
ORDER
MARK STRAKA ,
Defendant.
The Defendant failed to appear for hearing on the Resistance To expanded Media Coverage. The
Defendant failed to present any evidnece on the matter. The Resistance is denied.
1 of 2
Case Title
STATE VS MARK STRAKA
OTHER ORDER
So Ordered
2 of 2
2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MARK STRAKA
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: Charles Schulte
Other: Curtis Bloes
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Jessica J. Savits, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: Hearing RE: Expanded Media Coverage
2. The date(s) on which the proceeding occurred: October 15, 2014
3. The name of the court reporter who reported the proceeding: Jessica J. Savits
4. The name of the judge who presided over the proceeding: Adria Kester
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits
___________________________________
District Court Reporter
These notes were electronically filed.
1 of 2
Case Title
STATE VS MARK STRAKA
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 21, 2014, the parties conducted a Pretrial Conference as ordered.
The State appeared by the Sac County Attorney, Ben Smith. The Defendant
appeared by his attorney, Chuck Schulte. The parties, through the undersigned,
represent the following to the Court:
A plea agreement has been reached the terms of which are as follows: The
Defendant has agreed to plead guilty to Count 1 amended to FIFTH DEGREE
CRIMINAL MISCHIEF, a Simple Misdemeanor in violation of Iowa Code section
71.6. Additionally, Defendant has agreed to pay the minimum fine, restitution in
the amount of $134.80, court appointed attorney fees reimbursement, and all
other applicable costs and surcharges. In consideration, the State has agreed to
recommend that Defendant not be given jail sentence.
Defendant intends to submit a written guilty plea by November 4, 2014.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
__________________________
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
STATE OF IOWA,
02811 AGCR012597
Plaintiff,
vs.
ORDER
MARK STRAKA ,
Defendant.
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2
Case Title
STATE VS MARK STRAKA
OTHER ORDER
So Ordered
2 of 2
No. AGCR012597
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION
vs.
MARK JOSEPH STRAKA,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:
Count I: CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple
Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6.
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial 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
Copy to: Defendants Attorney
PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on _October 23,2014 by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[ ] Overnight Courier
[ ] Certified Mail
[x] EDMS
Signature: /s/Norma Hecht
AMENDED
TRIAL INFORMATION
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, Mark Joseph Straka of
the crime of CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in violation
of Iowa Code Sections 716.1 and 716.6 committed as follows:
The said Defendant, Mark Joseph Straka, on or about July 3, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter or destroy
tangible property, to-wit: Injure a dog belonging to Sue Henson, the cost of replacing, restoring
and/or repairing of which is $200 or less.
A TRUE INFORMATION
Prosecuting Attorney
Amount of Loss
$134.80
$134.80
$134.80
OTHER ORDER
Case Number
AGCR012597
Case Title
STATE VS MARK STRAKA
So Ordered
page 2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012597
ORDER OF CONTINUANCE
MARK STRAKA ,
Defendant / Respondent.
The Defendant has failed to file his written plea of guilty and failed to appear on this date.
Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Pretrial Conference is scheduled on 11/19/2014 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER FOR CONTINUANCE
So Ordered
2 of 2
COT]RTFORSACCOLINTY
IN THI IOWA DISTITIC'T
THES|ATE OF IOWA.
NO AGCR0I2597
Plaintiff.
MARK JOSEPHSTRAKA
WAIVEI{ OF RIGHTTO
SPEEDY
TRIAI,
Def'endant.
or
this 16 auy
signed
Ohw-
n A t
AA^
l/ L /-*/vlll
ilt,dic-^--..--
n"t"nJhr
Copl' to: CountyAttornel
.20t 1 ,
STATEOF IOWA,
Plaintiff
Vs.
MARK JOSEPHSTRA.KA
Def-endant
AGCR012597
I I ./'\
,'t
l/ \_) /
-/x An
lr
)*._'.lllll ,n/e ,,./ \'tzt---.,,,.M A R K J O S E P HS T R A K A ,D e f e n d a n t
STATE OF IOWA,
Plaintiff,
vs.
Pretrial Order
MARK STRAKA ,
Defendant.
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS MARK STRAKA
OTHER ORDER
So Ordered
2 of 2
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
MARK STRAKA,
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 7, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court:
The case is ready for trial. The requested placement on the trial order is
as follows: The parties request that Court set this matter for a non-jury trial on
the next available trial date in Sac County.
__________________________
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
STATE OF IOWA ,
Plaintiff(s),
vs.
MARK STRAKA ,
Defendant(s).
The Court is in receipt of the parties' Report of Pretrial Conference. The Report requests this
matter be scheduled for non-jury trial. The same should be scheduled, as well as a hearing to allow
Defendant to waive his right to jury trial formally on the record.
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER SETTING HEARING
So Ordered
2 of 2
2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MARK STRAKA
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: Charles Schulte
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Jessica J. Savits, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: Waiver of Jury Trial
2. The date(s) on which the proceeding occurred: January 21, 2015
3. The name of the court reporter who reported the proceeding: Jessica J. Savits
4. The name of the judge who presided over the proceeding: Adria Kester
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits
___________________________________
District Court Reporter
These notes were electronically filed.
1 of 2
Case Title
STATE VS MARK STRAKA
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
Plaintiff,
v.
WAIVER OF RIGHT
MARK STRAKA,
TO JURY TRIAL
Defendant.
ro
cn
Charles Schulte
Attorney for the Defendant
OTHER ORDER
Case Number
AGCR012597
Case Title
STATE VS MARK STRAKA
So Ordered
page 2 of 2
2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MARK STRAKA
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: Charles Schulte
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Jessica J. Savits, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: Non-Jury Trial
2. The date(s) on which the proceeding occurred: February 4, 2015
3. The name of the court reporter who reported the proceeding: Jessica J. Savits
4. The name of the judge who presided over the proceeding: Adria Kester
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Jessica J. Savits
___________________________________
District Court Reporter
These notes were electronically filed.
1 of 2
Case Title
STATE VS MARK STRAKA
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
vs.
MARK STRAKA ,
Presiding Judge: Adria Kester
Defendant.
The following exhibits were offered and admitted by the Court at the hearing as shown above:
State's Exhibits
Exhibits 1 - 7 ~ Photographs
Exhibit 8 ~ Animal Health Center Receipt
Exhibit 9 ~ Statement of Mark Straka
1 of 2
Case Title
STATE VS MARK STRAKA
EXHIBIT LIST
So Ordered
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The Defendant argues that he was acting to protect his person from injury and
his property from damage by the dog. The Defendant and his wife testified that the
neighbors dogs would enter their property at least two times a month for a period of
four months prior to the incident, and would raid and otherwise terrorize the couple.
They both indicated that the dogs would run at them and bark when they were in their
vehicle, when they retrieved their mail and when they would work in the yard. During
this period, the dogs never damaged any property or injured any person. Despite their
alleged fear of the dogs, neither expressed any concerns to the dogs owners, nor made
a complaint to the authorities.
On the date in question, the dogs owner, Sue Henson, testified she was riding
horseback down the road in front of the Defendants property. The dog was following
the horses and was shot after it entered approximately two feet onto the Defendants
property, while the Defendant testified the dog charged approximately 75 feet on to his
property and he was forced to shoot the dog when the dog was about ten feet from his
person.
After careful consideration, the Court does not find it credible that the Defendant
acted reasonably to protect his person or property. The Court does not believe the dog
posed a risk of damage to property nor a risk of injury or death to persons warranting
the Defendant to intentionally injure the dog.
2
Based on the above Findings of Fact, the Court concludes that the Defendant is
guilty of the charge of Animal Abuse, in violation of Iowa Code Section 717B.2 and
sentencing shall be set by separate Order.
OTHER ORDER
Case Number
AGCR012597
Case Title
STATE VS MARK STRAKA
So Ordered
page 4 of 4
2RCR22
STATE OF IOWA,
PLAINTIFF,
VS.
MARK STRAKA ,
DEFENDANT.
The Court has entered a Ruling following the bench trial in this matter.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. A Sentencing Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
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.
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER SETTING HEARING
So Ordered
2 of 2
)
) AGCR012597
)
) MOTION FOR NEW TRIAL AND
) MOTION IN ARREST OF JUDGMENT
)
Defendant
______________________
COMES NOW the defendant, Mark Straka, and moves for a New Trial and to
Arrest Judgment pursuant to IRCP 2.24 and IRCP 2.24(2) and 2.24(3) and in support
thereof states::
1. The verdict is contrary to the law and the evidence.
2. The Defendants Counsel was ineffective and as a result the Defendant has not
received a fair and impartial trial.
3. Base upon the record as a whole no legal judgment can be pronounced.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net
)
) AGCR012597
)
) MOTION TO WITHDRAW
)
Defendant
______________________
COMES NOW Charles A. Schulte, court appointed attorney for the defendant,
Mark Straka, and moves for leave to withdraw as counsel and in support thereof states:
1. The Defendant has expressed displeasure with the services of Counsel.
2. The Defendant has requested that Counsel file motions for new trial and in arrest
of judgment on grounds including ineffective assistance of counsel.
3. Such motions have been prepared and filed.
4. It would be difficult for Counsel to argue effectively his ineffectiveness.
WHEREFORE: Charles A. Schulte requests leave of Court to withdraw as attorney
for the defendant in this matter.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net
STATE OF IOWA ,
plaintiff(s) / petitioner(s),
vs.
MARK STRAKA ,
defendant(s) / respondent(s).
The Court is in receipt of Motion to Withdraw and the same should be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
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Case Title
STATE VS MARK STRAKA
ORDER SETTING HEARING
So Ordered
2 of 2
STATE OF IOWA ,
plaintiff(s) / petitioner(s),
vs.
MARK STRAKA ,
defendant(s) / respondent(s).
The Court is in receipt of Motion for New Trial and Motion in Arrest of Judgment and the same
should be set for hearing.
IT IS ORDERED that a Hearing is scheduled on 03/04/2015 at 9:00 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS MARK STRAKA
ORDER SETTING HEARING
So Ordered
2 of 2