012546 SRCR - Laurens Woman Pleads Guilty to Serious Misdemeanor Possession of Methamphetamine

8/11/2019 012546 SRCR - Laurens Woman Pleads Guilty to Serious Misdemeanor Possession of Methamphetamine

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E-FILED 2014 MAY 13 1:28 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 MAY 13 1:28 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

AMIE LOUISE LIVELY , Defendant.

Case No: 02811 SRCR012546

INITIAL APPEARANCE

Charges:01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - METHAMPHETAMINE 1ST OFF02 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSEMaximum 6 month jail sentence on the marijuana charge.

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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 $Fine of not to esceed $1,000 on the marijuana and not to exceed $6,250 on themethamphetamine charge.

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E-FILED 2014 MAY 13 12:21 PM SAC - CLERK OF DISTRICT COURT


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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:The defendant must post a cash or surety bond in the amount of $3,000. Defendant must obtain asubstance abuse evaluation at defendant's expense and provide a copy to the clerk within 30 days. Ifreleased you shall not use any alcohol or illegal drugs during the pendance of this matter.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto 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 hearingis:

Waived

Preliminary Hearing is scheduled on 05/23/2014 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 at712-662-4791 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 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.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 DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-05-13 12:22:31

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.AMIE LOUISE LIVELY ,

DEFENDANT.

02811 SRCR012546

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 financialhardship.

Attorney Nola M. Jensen PO Box 86, Albert City, IA 50510 (712) 843-2255, a contract attorney, isappointed.The defendant shall contact their attorney within 48 hours.

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Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: ORDER APPOINTING

So Ordered


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STATE OF IOWA,

PLAINTIFF,VS.AMIE LOUISE LIVELY ,

DEFENDANT.

02811 SRCR012546

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 financialhardship.

Attorney Mark J. Rasmussen (515) 386-3399, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

Nola Jensen has contacted the court and advised that she cannot currently accept additionalclients.

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Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: ORDER APPOINTING

So Ordered


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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

AMIE LOUISE LIVELY ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 isscheduled on 06/18/2014 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 suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause 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 AttorneyDefendant/Defense Attorney

E-FILED 2014 JUN 03 8:06 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012546 STATE VS AMIE LOUISE LIVELY

So Ordered

Electronically signed on 2014-06-03 20:07:06 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CRIMINAL CAUSE NO. SRCR012546

STATE OF IOWA,

vs. TRIAL INFORMATION

AMIE LOUISE LIVELY,DOB: 10/27/1975 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, Amie Louise Lively of

the crime ofPOSSESSION 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, Amie Louise Lively, on or about May 12, 2014, in the County ofSac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlledsubstance, to-wit: Marijuana, A Schedule I Controlled Substance.

COUNT II

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, Amie Louise Lively of

the crime ofPOSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED

SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section

124.401(5) committed as follows:

The said Defendant, Amie Louise Lively, on or about May 12, 2014 in the County ofSac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlledsubstance, to-wit: Methamphetamine, A Schedule II Controlled Substance.

A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. AMIE LOUISE LIVELY

Criminal No. SRCR012546

COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

COUNT II : Possession of Methamphetamine, a Schedule II Controlled Substance, FirstOffense

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

BRENT WAYNE PEYTON, OCCUPATION UNKNOWN

MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT

AMANDA KILGORE, AMY JOHNSON, DARWIN CHAPMAN, OR DESIGNATED CRIMINALIST,

CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY- DCI CRIMINALISTICS LABORATORY



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STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 SRCR012546

ORDER RESCHEDULING ARRAIGNMENT

On today's date, Defendant was scheduled to appear for arraignment.

Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDEREDthat the Arraignment Hearing is scheduled on

07/02/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unlessa written arraignment and plea of not guilty document in a form substantially similar to

that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file withthe Clerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:

County Attorney

Defendant

Defense Counsel

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E-FILED 2014 JUN 18 10:50 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 JUN 18 10:50 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 JUL 01 2:31 PM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.AMIE LOUISE LIVELY ,

Defendant.


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

The defendant having filed a written arraignment in this matter on July 1, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 08/20/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior 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 08/26/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe 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.

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E-FILED 2014 JUL 02 11:00 AM SAC - CLERK OF DISTRICT COURT


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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

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Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

AMIE L. LIVELY,

Defendant.

Case No. SRCR012546

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On August 20, 2014, the parties conducted a Pretrial Conference as ordered or

in anticipation of the same. The State of Iowa appeared through Sac County

Attorney Ben Smith. The Defendant appeared through her attorney, Mark

Rasmussen. The parties, through the undersigned, represent the following to

the Court: A plea agreement has been reached the terms of which are asfollows:

Defendant has agreed to plead guilty to Court 2, and the State has agreed to

dismiss Count 1, without prejudice, and recommend that Defendant receive a

deferred judgment as to Count 2. The State has also agreed to dismiss the

simple misdemeanor companion citation SMCR012547 with costs to

Defendant. Defendant has further agreed to pay the minimal fine / penalty and

costs associated with this action, including those for reimbursement of court

appointed attorneys fees. Defendant intends to submit a written guilty plea by

September 10, 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 9Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2014 AUG 21 11:29 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.


Defendant.

02811 SRCR012546

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause.IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 09/03/2014 at9:30 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 arrestbeing issued.

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Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: OTHER ORDER

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

AMIE LOUISE LIVELY,

Defendant.

Case No. SRCR012546

MOTION TO CONTINUE PLEAHEARING

COMES NOW the State of Iowa and states the following in support of its

Motion to Continue Plea Hearing: The undersigned is on active duty orders with

the Iowa Army National Guard from September 3, 2014, through September 12,

2014. Additionally, on September 2, 2014, Defendants attorney, Mark

Rasmussen, informed the undersigned that Defendant will submit the plea

paperwork by September 17, 2014.

WHEREFORE, for the reasons stated above, the State respectfully requests

that the Court reschedule the arraignment to September 17, 2014.

__________________________

Benjamin John SmithSac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2014 SEP 02 4:48 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.


Defendant.

02811 SRCR012546

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause.IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 09/17/2014 at9:30 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 arrestbeing issued.

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E-FILED 2014 SEP 03 9:07 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSRCR012546 STATE VS AMIE LOUISE LIVELYType: OTHER ORDER

So Ordered


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1


STATE OF IOWA,

Plaintiff,

v.

AMIE LOUISE LIVELY,

Defendant.

SRCR01!"# (Count II)

RECORD OF PLEA OF GUILTY ANDDEFERRED JUDGMENT ORDER

DATE: Se$te%&e' 11, 01"

CHARGE(S): P())e))i(n (f Met*a%$*eta%ine, a )e'i(+) %i)de%ean(', invi(lati(n (f I(a C(de - 1"."01!/

Defendant *a) filed a 'itten +ilt $lea and a aive' (f Defendant2) 'i*t t( &e$'e)ent f(' )enten3in. Defendant a)4) t*at t*e $lea t( t*e a&(ve 3*a'e &e a33e$tedand t*at )enten3e &e i%$()ed $+')+ant t( t*e $lea a''ane%ent a'eed +$(n & t*e$a'tie) it*(+t t*e f('%alit (f t*e 'e3('d 'e5+i'ed & R+le) .6 and .10 (f t*e I(aR+le) (f C'i%inal P'(3ed+'e.

T*e C(+'t *e'e& inf('%) Defendant t*at Defendant2) $lea (f +ilt t( t*ea&(ve7'efe'en3ed 3*a'e i) a33e$ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i) 'anted a defe''ed 8+d%ent $+')+ant t( I(a C(deSe3ti(n) 901.! and 90:.;.

. Defendant )*all $a all (f t*e f(ll(in finan3ial (&liati(n)

!/ If Defendant *a) n(t al'ead d(ne )(, Defendant )*all+nde'( a )+&)tan3e a&+)e eval+ati(n and f(ll( an'e3(%%endati(n) f(' t'eat%ent (' 3(+n)elin %ade a) a'e)+lt (f t*e eval+ati(n, all at DefendantB) (n e$en)e. If



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3

Defendant *a) n(t al'ead d(ne )(, in ('de' t( $'(vide $'((ft*at Defendant *a) +nde'(ne t*e 'e5+i'ed eval+ati(n,Defendant )*all $'(3+'e f'(% t*e )+&)tan3e a&+)e eval+at('a lette' (' 'itten 'e$('t *i3* )*all &e filed it* t*e Cle'4(f t*i) C(+'t n( late' t*an 1 da) f'(% t*e date t*i) O'de'

i) filed> and

#/ Defendant )*all 3(%$l it* all te'%) (f t*i) O'de',in3l+din $ain all finan3ial (&liati(n) and 3(%$letin all'e5+i'ed ta)4) in a ti%el %anne'.

". T*e C(+'t 'ant) t*i) defe''ed 8+d%ent &e3a+)e it $'(vide) f(' t*e'e*a&ilitati(n (f Defendant and f(' t*e $'(te3ti(n (f t*e 3(%%+nit. T*e C(+'t *a)3(n)ide'ed t*e 'e3(%%endati(n (f t*e $a'tie) it* 'e)$e3t t( di)$()iti(n. T*e te'%) (ft*i) O'de' a'e a$$'($'iate in li*t (f t*e 'elevant fa3t), in3l+din DefendantB) 3'i%inal'e3('d, (' la34 t*e'e(f, and(' t*e 3i'3+%)tan3e) (f t*e 3a)e.

!. D+e t( t*e fa3t t*at 8+d%ent *a) &een defe''ed, a$$eal 'i*t) d( n(ta$$l.

#. Defendant i) advi)ed t*at, in t*e event Defendant d(e) n(t f+lfill t*e3(nditi(n) (f $'(&ati(n, in additi(n t( $(tential 3(nte%$t (f 3(+'t )an3ti(n), t*e C(+'t%a 'ev(4e Defendant2) $'(&ati(n, 'ev(4e Defendant2) defe''ed 8+d%ent, and i%$()ean )enten3e a+t*('i?ed & la.

:. An 3a)* &ail $()ted & Defendant (' (n Defendant2) &e*alf & a t*i'd$a't t*at *a) a34n(leded (' a'eed t*at t*e %(ne $()ted 3an &e a$$lied t(a'dDefendant2) finan3ial (&liati(n) )*all &e a$$lied t(a'd Defendant2) finan3ial(&liati(n). All 3a)* &ail 'e%ainin, if an, afte' $a%ent (f Defendant2) finan3ial

(&liati(n) and all 3a)* &ail $()ted & a t*i'd $a't t*at *a) n(t a34n(leded ('a'eed t*at t*e %(ne $()ted 3an &e a$$lied t(a'd Defendant2) finan3ial (&liati(n)i) *e'e& e(ne'ated and )*all &e 'et+'ned t( t*e $e')(n $()tin t*e 3a)* &ail. All n(n73a)* &ail &(nd) $()ted, if an, a'e *e'e& e(ne'ated.

6. IT IS FURTER ORDERED t*at C(+nt I (f t*e T'ial Inf('%ati(n a) ell a)Ca)e (. SMCR01!": a'e di)%i))ed +$(n %(ti(n (f t*e 3(+nt att('ne and $+')+antt( $lea a'ee%ent. C()t) a'e taed t( t*e Defendant.

Cle&' S"ll Fu&n#$ Cop#e$ To:

C(+nt Att('neDefen)e C(+n)elP'(&ati(n S+$e'vi)('



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Type: OTHER ORDER

Case Number Case Title

SRCR012546 STATE VS AMIE LOUISE LIVELY

So Ordered

Electronically signed on 2014-09-12 09:19:04 page 4 of 4



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012546 SRCR - Laurens Woman Pleads Guilty to Serious Misdemeanor Possession of Methamphetamine

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Transcript of 012546 SRCR - Laurens Woman Pleads Guilty to Serious Misdemeanor Possession of Methamphetamine