E-FILED 2014 JAN 17 4:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC

STATE OF IOWA,

Plaintiff, Case No: 02811 AGCR012486

vs.
Order for Warrant
MARK ANTHONY YETZ JR,

Defendant.


Ct. Code Description
01 - 692A.112-B - SEX OFFENDER - PROVIDE FALSE INFO - 2ND OR SUB OFFENSE



Complaint and affidavit(s) filed and probable cause found that the defendant committed the offense(s)
as charged. Warrant shall Issue.

Bond $500.00 "Cash or Surety"



Complaint erroneously defines charge as a "Class D Felony" but the facts allege support the filing of
an aggravated misdemeanor charge.

1 of 2
E-FILED 2014 JAN 21 9:25 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
Type: ORDER TO ISSUE WARRANT
So Ordered
Electronically signed on 2014-01-21 09:26:09
2 of 2
E-FILED 2014 JAN 21 9:25 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

MARK ANTHONY YETZ JR JR,
Defendant.



Case No: 02811 AGCR012486


INITIAL APPEARANCE






Charges:
01 - 692A.112-B - SEX OFFENDER - PROVIDE FALSE INFO - 2ND OR SUB OFFENSE

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 D
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
5 Years Prison
And/Or $not less than 750 nor than 7500 plus 15% 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
E-FILED 2014 FEB 10 9:00 AM SAC - CLERK OF DISTRICT 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:
Defendant shall obey all laws of Iowa and the United States


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
E-FILED 2014 FEB 10 9:00 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-02-10 09:01:49
3 of 3
E-FILED 2014 FEB 10 9:00 AM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY FILED
STATE OF I OWA,
20Ik FEB 10 AM 9= U8
PLAINTIFF NO
vs.
APPLI CATI ON TO WAI VE
ATTORNEY A ND PROCEED (PRO SE)
DEFENDANT
In support of my application to waive attorney I state:
1. I know I have a right to be represented by an attorney in this case
and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2. I know that an attorney woul d represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3. I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4. Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.
IN THE IOWA DISTRICT COURT FOR
DISTRICT C0UH1 OF IOWA
SAC COUNTY
FILED
ZOMFEB 10 AM 9= U8
Sac COUNTY
STATE OF IOWA or
vs.
Plaintiff/Petitioner,
Defendant/Respondent
^ Criminal Civfl
NO. rUcgoam, '
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: BirthDate: l|l3>
Home Phone:
Street Address: 1 \ jUcn-' ' eiA
CeU Phone: ~7lc^ '^iV&'H E-mail: VU^eiZti) WM&\
Street/P.O. Box Apt# City
Pending charges: ' Vfrl v or- l V p
State Zip
In Jail? Yes ^ N o
Do you have a job? ^J^NoJob Yes, Full Time Yes, Part Time (List Hours/week: )
Who do you work for? ^ \ ^ \ ~~~ ( j ^ J S J : ^ u X g A V
How much money do you currently make before taxes or deductions? K ^ \ C \ per hour month year
How much money have you made in the last 12 months from any source, before taxes or deductions? Q ^ C O O
How many family members are supported by or live with you? C) \
If a spouse lives with you, how much money does your spouse make? hour month year
List all other money you, or anyone else living in your household, has coming in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $ 100:
ing money u
List amounts you pay monthly forjnortgages, rent, car loans, credit cards, child support, or any other debts:
Just amounts you pay monthly torjnortgages, re
3V **y> WX' f f h ^ y ^ f L
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 majce in this application are true
and that I am unable to pay for an attorney to represent me.
Date
dm.
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

PLAINTIFF,

VS.

MARK ANTHONY YETZ JR JR,

DEFENDANT.




02811 AGCR012486

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 Sarah L. Smith (515) 573-2191, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.






1 of 2
E-FILED 2014 FEB 10 11:00 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2014-02-10 11:01:32
2 of 2
E-FILED 2014 FEB 10 11:00 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 FEB 13 11:16 AM SAC - CLERK OF DISTRICT COURT
STB
t hereby cost a cash bond
appearance
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appearance ii req uired, for case number
, 20 . atjtffea o'clock A.M. and ell subsequent proceeding
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euiDefendanr's
IUNDERSTAND THAT IF DEFENDANT DOES NOT A P ppT r^ -
DATE AND TIME STATED ABOVE, OR FOR ANY OTHER P t o a ^ * L
m E
WHERE DEFENDANT'S APPEARANCE IS REQUIRED, THE fimm
G S
FORFEITED AND A CONVICTION MAY BE ENTERED OR AN ADB *
L B E
WARRANT MAY BE ISSUED. ARREST
FURTHER, I UNDERSTAND THAT ANY CASH BOND M A V
TOWARD THE PAYMENT OF ANY FINE, SURCHARGE, C O O R T n
V S E D
ATTORNEY FEES, OR RESTITUTION, AND/OR PAST DUE O f i T r r i '
THAT MAY BE COURT ORDERED, IF SAID BOND IS POSTED Rv i S ?
N S
DEFENDANT. IF SAID BOND IS POSTED BY A THIRD PERSON
THE DEFENDANT, THEN SAID BOND WILL BE RETURNED To *2rT
R
T B A
N
POSTING THE BOND AT THE CONCLUSION OF THE CASE A ^ P S T
P E R S
N
Jl/DMENT ENTRY. A BOND POSTED BY A THIRD PERSON Wfr
T
? FINAL
USED TOWARD THE PAYMENT OF ANY FINE, SURCHARGE rni
B
ATTORNEY'S FEES, OR RESTIUTION, AND/OR PAST DUE Ofii fn COSTS,
THE DEFENDANT. ^GATTONS OF
Check here if monev iTi "
Signature of Person Pos*^^^^'
Printed niirre of Defendant
Social Secunty Number
Street Address
;ity, State, 2P
dre*
jjephone Number
City, State, ZIP
Telephone Number
Social Security Nurnbe;
Street Ad
Rrvucrf VIS/2611
WEBSTER COUNTY JAIL
FORT DODGE, IOWA
DATE
BOND RECEIVED OF
CASH OR SURETY BOND FOR
CASE
I (DEFENDANT) HAVE BEEN ADVISED TO APPEAR IN WEBSTER 'COUNTY
MAGISTRATE COURT ON Tl IE SECOND FLOOR OF THE LAW ENFORCEMENT
2 / )
UhN I'EK IN FORT DODOE, IOWA- fDb f ) (f^ 06&
u
A
Sac Ct> Couy^oos^
@ 0900.
ENDANT'S SIGNATURE
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012486
Plaintiff,
vs. TRIAL INFORMATION
MARK ANTHONY YETZ JR.,
DOB: 01/13/1986
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,
Mark Anthony Yetz Jr. of the crime of FAILURE TO COMPLY WITH SEX OFFENDER
REGISTRY REQUIREMENTS, SECOND OR SUBSEQUENT OFFENSE, a Class D
Felony in violation of Iowa Code Sections 692A.103, 692A.112, and 692A.111
committed as follows:
The said Defendant, Mark Anthony Yetz Jr., on or about October 18, 2013, in
the County of Sac and State of Iowa, did unlawfully and willfully fail to comply with
Sexual Offender Registry Requirements by knowingly providing false information upon
registration, change of relevant information or during an appearance to verify relevant
information, or failing to do any of the above required by law, by a person having been
previously convicted of Failure to Comply with Sex Offender Registry Requirements in
Audubon County Iowa, in Audubon County District Court Cause No. AGCR047517 on
April 23, 2007, and in Cass County Iowa in Cass County Iowa District Court Cause No.
AGCR012085, on April 2, 2007.
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 FEB 18 2:42 PM SAC - CLERK OF DISTRICT COURT
2
THE STATE OF IOWA vs. MARK ANTHONY YETZ JR.
Criminal No. AGCR012486
COUNT I: Failure to Comply with Sex Offender Registry Requirements, Second
or Subsequent Offense
NAMES OF WITNESSES:
KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MARY ELLEN MUNN, CLERK OF COURT, KOSSUTH COUNTY IOWA CLERK OF
COURT
SHEILA KUNZE, CLERK OF DISTRICT COURT, CASS COUNTY IOWA CLERK OF
COURT
KIMBERLEY JOHNSON, CLERK OF DISTRICT COURT, AUDUBON COUNTY IOWA
CLERK OF COURT
E-FILED 2014 FEB 18 2:42 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
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 2014-02-18 14:42:40 page 3 of 3
E-FILED 2014 FEB 18 2:42 PM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Plaintiff,

vs

MARK ANTHONY YETZ JR JR,

Defendant.




Case No: 02811 AGCR012486

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 03/05/2014 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
E-FILED 2014 FEB 18 2:42 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
So Ordered
Electronically signed on 2014-02-18 14:42:40 page 2 of 2
E-FILED 2014 MAR 04 11:47 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 04 11:47 AM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.

MARK ANTHONY YETZ JR JR,

Defendant.


Case No: 02811 AGCR012486

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

The defendant having filed a written arraignment in this matter on March 4, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 04/16/2014 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
E-FILED 2014 MAR 04 1:14 PM SAC - CLERK OF DISTRICT COURT
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
E-FILED 2014 MAR 04 1:14 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-03-04 13:14:37
3 of 3
E-FILED 2014 MAR 04 1:14 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 18 4:08 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 18 4:08 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 18 4:08 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 18 4:08 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
MARK ANTHONY YETZ, JR.,
Defendant.
Case No. AGCR012486
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On April 14, 2014, the parties conducted a Pretrial Conference as ordered. The
defendant appeared through his attorney, Sarah Smith. The State appeared
through Sac County Attorney Ben Smith. 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 agrees to plead guilty to Count 1,
and the State agrees to recommend that defendant receive a suspended
sentence and probation through the Iowa DOC to run concurrent with
defendants sentence in Buena Vista County District Court No. FECR042809.
The facts and circumstances, and the crime charged in the Buena Vista County
Case No. FECR042809 are substantially similar to those in in the instant matter.
The defendant intends to waive time between plea and sentencing, and is
asking the Court to use the PSI report prepared in the above-mentioned BV
County matter. The sentencing date for the BV County matter is scheduled for
June 6, 2014, so the parties are requesting that the plea hearing and sentencing
in this matter be scheduled for June 18, 2014, at 9:00 a.m.
__________________________
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 APR 16 8:29 AM SAC - CLERK OF DISTRICT COURT
2RCR11

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.

MARK ANTHONY YETZ JR JR,

DEFENDANT.


Case No. 02811 AGCR012486



O R D E R

The Defendant has asked the Court to schedule a guilty plea hearing. A Plea
Hearing is scheduled on 07/02/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa.
The parties have reached an agreement as to sentencing, and the Defendant
would like to be sentenced at the same time.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
SARAH LIVINGSTON SMITH
1 of 2
E-FILED 2014 APR 16 9:35 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
AGCR012486 STATE VS MARK ANTHONY YETZ JR
Type: ORDER SETTING HEARING
So Ordered
Electronically signed on 2014-04-16 09:35:47
2 of 2
E-FILED 2014 APR 16 9:35 AM SAC - CLERK OF DISTRICT COURT