Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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Transcript of Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
State of Iowa v. Thomas Patrick Anderson, Jr.
On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2013-11-14 14:25:50 page 2 of 2
E-FILED 2013 NOV 14 2:25 PM SAC - CLERK OF DISTRICT COURT
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8/13/2019 Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.THOMAS PATRICK ANDERSON, JR.,
Defendant.
CASE No.
ATTACHMENT TO TRIALINFORMATION: WITNESS LIST
KEVIN LEFFLER, State Patrolman, Iowa State Patrol
CRIMINALIST, Iowa Department of Public Safety
E-FILED 2013 NOV 14 10:52 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.THOMAS PATRICK ANDERSON, JR.,
Defendant.
ORDER APPROIN! TRIA"
INFORMATION AND SETTIN!
ARRAI!NMENT AND #OND
T$e TRIA" INFORMATION and t$e MINUTES OF EIDENCE in t$i% &atte'
$ave (een e)a&ined and f*+nd t* *ntain %+ffiient evidene, if +ne)-lained, t*
a''ant a *nviti*n in a t'ial (/ 0+'/, t$e'ef*'e, t$i% &atte' %$all (e %et f*'
A''ai1n&ent.
IT IS HERE#Y ORDERED t$at t$e Cle'2 *f C*+'t %$all i%%+e a %+&&*n% f*'
defendant t* -e'%*nall/ a--ea' f*' A''ai1n&ent at t$e Sa C*+nt/ C*+'t$*+%e,Di%t'it C*+'t'**&, 344 NW State St'eet, Sa Cit/, I*a *n DECEM#ER 5,
5436, at 7844 a.&. T$e Defendant i% HERE#Y NOTIFIED t$at fail+'e t* a--ea'
ill 'e%+lt in t$e i%%+ane *f an a''e%t a''ant.
IT IS FURTHER ORDERED, t$e Defendant9% (*nd and *nditi*n% f*' 'elea%e
f'*& +%t*d/ in t$i% &atte' %$all (e8 #*nd -'evi*+%l/ %et %$all *ntin+e and t$e
defendant %$all *(e/ all Fede'al, State, and "*al la%.
E-FILED 2013 NOV 14 2:25 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
State of Iowa v. Thomas Patrick Anderson, Jr.
So Ordered
Electronically signed on 2013-11-14 14:25:50 page 2 of 2
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8/13/2019 Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
THOMAS P. ANDERSON JR.,
Defendant.
:
:
:
:
:
CASE NO. OWCR012379AGCR012460
STA0018278NOTICE OF PLEA AGREEMENT ANDCASE RESOLUTION
COMES NOW the Defendant by and through the undersigned counsel and states the
following:
1. The Defendant is charged with OWI first offense in violation of Iowa Code
Section 321J.2 and Carry Weapons in violation of Iowa Code Section 724.4
2. The Defendant filed a motion to suppress in the OWI matter which was set for
hearing on November 18, 2013.
3. Pursuant to plea discussions with County Attorney Ben Smith, the following
agreement has been reached with respect to this case:
a. The Defendant will enter a guilty plea to the OWI charge in exchange for a
recommendation by the County Attorney and Counsel for a deferred judgment.
b. The Defendants motion to suppress will not be resisted by the State and
therefore an agreed order to suppress the chemical test results in this matter will
be presented to the presiding judge.
c. All other pending charges against the Defendant including the weapons charge
E-FILED 2013 NOV 18 9:17 AM SAC - CLERK OF DISTRICT COURT
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and the speeding ticket will be dismissed.
4. In light of the agreement stated herein, a hearing on the Defendants motion to
suppress is no longer necessary and the undersigned respectfully requests that a plea and
sentencing date be set.
WHEREFORE the Defendant respectfully requests that an order be entered suppressing
the chemical test results and that a plea and sentencing date be set in this matter.
Respectfully submitted,
Gourley, Rehkemper & Lindholm, PLC
________________________________
By: Matthew T. Lindholm, AT4746
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Telephone Number (515) 226-0500
Facsimile: (515) 244-2914
E-mail:[email protected]
ORIGINAL FILED
Copy to: County Attorney
CERTIFICATE 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 November 18, 2013.
By: U.S. Mail FAX
Hand Delivery Overnight Courier
Certified Mail X Other
Signature: Michelle Nulph
E-FILED 2013 NOV 18 9:17 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]:[email protected]:[email protected] -
8/13/2019 Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
THOMAS P. ANDERSON JR,
Defendant.
:
:
:
:
:
CASE NO. OWCR!"#$%
ORDER SUPPRESSIN&
NOW ON THIS '''''''' da( )f N)ve*+e, "!#, t-i *atte a//ea +ef)e t-e C)0t
)n Defendant1 M)ti)n t) S0//e.
T-e C)0t +ein2 d0l( advied in t-e /e*ie and 0ndetand t-at t-e State d)e n)t
eit t-e Defendant1 M)ti)n t) S0//e.
IT IS THEREFORE ORDERED, ADJUD&ED AND DECREED THAT t-e +eat- tet
e0lt )+tained i -ee+( 0//eed f) t-e ea)n et f)t- in t-e Defendant1 *)ti)n t)0//e and a 03- t-e e0lt ae inad*ii+le at tial.
''''''''''''''''''''''''''''''J0d2e Se3)nd J0di3ial Diti3t
ORI&INA4 FI4ED.
E-FILED 2013 NOV 18 2:20 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012379 STATE VS THOMAS PATRICK ANDERSON JR
AGCR012460 STATE VS THOMAS PATRICK ANDERSON, JR.STA0018278 STATE OF IOWA vs ANDERSON, THOMAS PATRICK
So Ordered
Electronically signed on 2013-11-18 14:20:03 page 2 of 2
E-FILED 2013 NOV 18 2:20 PM SAC - CLERK OF DISTRICT COURT
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8/13/2019 Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
THOMAS PATRICK ANDERSON, JR.,
Defendant.
CASE No. AGCR012460
MOTION TO DISMISS
COMES NOW the State of Iowa through Sac County Attorney Ben Smith and
states as part of a plea agreement involving OWCR012379 the State agreed to
dismiss the instant criminal charge without prejudice and, therefore, respectfully
requests that this Court dismiss the Trial Information filed herein November 14,
2013, with costs to Defendant.
Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
E-FILED 2013 NOV 20 2:15 PM SAC - CLERK OF DISTRICT COURT
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8/13/2019 Case Against Man Accused of Going Armed With a Concealed Weapon Dismissed
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
THOMAS PATRICK ANDERSON, JR.,
Defendant.
CASE N. A!CR"#$%&"
ORDER !RANTIN! DISMISSA'
T(i) *atte+ a*e -ef+e t(e C+t n t(e State/) Mtin t Di)*i)). T(e
C+t, 0n +evie1in2 t(e +e+d and -ein2 advi)ed in t(e 0+e*i)e), FINDS AND
ORDERS t(at f+ t(e +ea)n) )et f+t( in t(e State/) Mtin t Di)*i)), t(e T+ial
Inf+*atin filed (e+ein n Nve*-e+ #%, $"#3, )(all -e and i) di)*i))ed 1it(t
0+e4die 1it( Defendant t 0a5 +t )t) in t(e a*nt f 6#""."".IT IS FURTHER ORDERED t(at t(e a-ve fine), fee), and +t )t)
-e*e 0a)t de if nt 0aid 1it(in t(i+t5 73"8 da5) f t(i) O+de+.
E-FILED 2013 NOV 20 3:31 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
AGCR012460 STATE VS THOMAS PATRICK ANDERSON, JR.
So Ordered
Electronically signed on 2013-11-20 15:31:37 page 2 of 2
E-FILED 2013 NOV 20 3:31 PM SAC - CLERK OF DISTRICT COURT