Iowa City Man Found Guilty of Possession of Marijuana

E-FILED 2014 FEB 08 4:28 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

CODY CHARLES BLUM ,
Defendant.

Case No: 02811 SRCR012498

INITIAL APPEARANCE
POSSESSION OF A CONTROLLED
SUBSTANCE

Charges:
01 - 124.401(5) - POSSESSION OF A CONTROLLED SUBSTANCE (SRMS)

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
Years Prison
And/Or $fine of not greater than 1,000
You will lose your driver's license for a period of 180 days.

1 of 3
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.

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:
(1) You must not use any alcohol or illegal drugs during the pendency of this matter.
(2) You must obey all laws of Iowa and the U.S.
(3) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL 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 03/10/2014 at 9:30 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 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
State of Iowa Courts
Case Number Case Title
SRCR012498 STATE VS CODY CHARLES BLUM
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-02-17 09:23:38
3 of 3
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012498
Plaintiff,
vs.
TRIAL INFORMATION
CODY CHARLES BLUM,
DOB: 11/13/1990,
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, Cody Charles Blum
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, Cody Charles Blum, on or about February 8, 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
/s/Benjamin John Smith
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 2014 MAR 07 8:46 AM SAC - CLERK OF DISTRICT COURT
2
THE STATE OF IOWA vs. CODY CHARLES BLUM WITNESS LIST
Criminal No. SRCR012498
COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT
KAYLA JALEE BRUNS, OCCUPATION UNKNOWN
Type: Approval of Trial Information
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 2014-03-07 08:46:38 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

CODY CHARLES BLUM ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

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 03/19/2014 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.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.

CODY CHARLES BLUM ,

DEFENDANT.

02811 SRCR012498

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 financial
hardship.

Attorney Mark Rasmussen, a contract attorney, is appointed.

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

v.

CODY CHARLES BLUM ,

Defendant.

02811 SRCR012498

ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled.

IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on
04/02/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless
a 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 with
the Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel

1 of 2
Type: ORDER FOR CONTINUANCE
So Ordered
2 of 2
IN THE IOWA DISTRICT COURT FOR
Sac
DISTRICT CUUiU pi iOVI-
SAC COUN I Y
FIlEO
201U HAR 19 ftM 9
:
- 53
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
vs.
Defendant/Respondent.
^\ ^Cri mi nal Civil
NO. K R C ; y ^ O \ ^ ^
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: - / / - . cW' J I M C, n Birth Date:
A S / / I S A _ S - i ^
Home Phone:
Cell Phone: ( V L ) . D L . ? J^csE-mail: t pt i i / ~ h ) u y \ ( Q b i lOlO 0. t
Street Address: ^ 3 / ^ . V f / ) | W / ^ S / . JL -7^^ ' . <^Q- >/0-
Street/P.O.Box Apt* City ' .. State Apt* City
Pending charges: ] c 6 S C S ^ a ^ aX <? Ct ' {\ 4f j (
c
^ ^ ^ < < \ C/ 1 < ^
e
- ' In Jail? Yes J0No
O
Do you have a job?
< ;
^S No Job Yes, Full Time )3 Yes, Part Time (List Hours/week:
Who do you work for?
State ' -A Zip
T? ~
sr
How much money do you currently make before taxes or deductions? per hour monthJO^y ear
How much money have you made in the last 12 months from any source, before taxes or deductions?''**"'"^ ' v /
A
How many family members are supported by or live with you? CJ
If a spouse lives with you, how much money does your spouse make?
List all other money you, or anyone else living in your household, has coming
per hour month
1 year
r 3
7/
List what you own mcluding money in bankju cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
List amounts you pay monthly for mortgages, rent- car loans, credit cards, child support, or/any other debts:
iXA-Tr /MCQ+U &Y(A:Lh
:
c<x v^/A^lk
C,vd.> r e d ; ' ft x<r/,*ua&
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 " / ' "/V" Signature I ^O/^ / .
<J
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.

CODY CHARLES BLUM ,

Defendant.


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

The defendant having filed a written arraignment in this matter on March 20, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 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 05/13/2014 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
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
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA,
Plaintiff,
v.
CODY CHARLES BLUM,
Defendant.
Case No. SRCR012498
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On May 6, 2014, the parties conducted a Pretrial Conference as ordered or in
anticipation of the same. The State was / is represented by Sac County Attorney
Ben Smith, and that defendant was / is represented by 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 as follows: The
defendant will plead guilty, pay a civil penalty of $315.00, and all other
applicable costs and fees, and the State, for the following reasons, will
recommend that defendant receive a deferred judgment: defendant is a younger
offender, is close to graduating college, has no significant criminal record, and
has not received a deferred judgment before.
Defendant intends to submit a written guilty plea by May 21, 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
E-FILED 2014 MAY 06 7:18 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.

CODY CHARLES BLUM ,

Defendant.

02811 SRCR012498

ORDER

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 05/21/2014 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
E-FILED 2014 MAY 07 9:08 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )
) CRIM NO. SRCR012498
Plaini!!, )
) "UD#MENT ENTRY
$%. )
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CODY CHAR.ES /.UM, ) C+0) * 124.40112), I+3a C+0)
)
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Any bond money previously posted is released and exonerated.
"-0(9)n &a$in( 6))n 0)!)'')0, a44)al 'i(&% a') n+ a44'+4'ia).

COPIES TO;
C+-n7 A+'n)7
D)!)n%) C+-n%)l
Sa5 C+-n7 "ail
Type: OTHER ORDER
So Ordered

Iowa City Man Found Guilty of Possession of Marijuana

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E-FILED 2014 FEB 08 4:28 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 10 8:59 AM SAC - CLERK OF DISTRICT COURT

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