E-FILED 2014 NOV 25 8:19 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 26 9:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff

02811 SRCR012708

VS
BLAKE EDWARD STARNES

ORDER

Defendant

The Sac City PD has requested issuance of an arrest warrant but the court determines that the
defendant should first receive a summons to appear and only if he does not will a warrant issue.

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E-FILED 2014 NOV 26 9:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012708
Type:

Case Title
STATE VS BLAKE EDWARD STARNES
OTHER ORDER
So Ordered

Electronically signed on 2014-11-26 09:27:14

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E-FILED 2014 NOV 26 9:52 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA
Plaintiff

Case No. 02811 SRCR012708

vs
Summons or Citation
BLAKE EDWARD STARNES
Defendant

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
CRIMINAL MISCHIEF 4TH
in violation of Section(s) 716.6(1)(A)(1) of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
12/22/2014 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.

/s/ SHELLEY BASS

CLERK OF DISTRICT COURT
SAC COUNTY IOWA
Designee

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).

E-FILED 2014 DEC 22 9:11 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012708
vs.
BLAKE EDWARD STARNES ,
Defendant.

INITIAL APPEARANCE

Charges:
01 - 716.6(1)(a)(1) - CRIMINAL MISCHIEF 4TH DEGREE
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 $a fine of not less than $315 nor greater than $1875 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.
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E-FILED 2014 DEC 22 9:11 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:
You must 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 01/12/2015 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 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

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E-FILED 2014 DEC 22 9:11 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012708
Type:

Case Title
STATE VS BLAKE EDWARD STARNES
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-12-22 09:11:33

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E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. SRCR012708

TRIAL INFORMATION

BLAKE EDWARD STARNES,

DOB: 01/28/1991
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, Blake Edward
Starnes of the crime of CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a Serious
Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6(1)(a)(1) committed as follows:
The said Defendant, Blake Edward Starnes, on or about November 14, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter
or destroy tangible property, to-wit: In Sac City Iowa at 1311 Martin Street, Defendant punched
the rear passenger window of a vehicle, breaking the window, and the cost of replacing,
restoring and/or repairing of which exceeds $200 but not $500.
A TRUE 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

E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. BLAKE EDWARD STARNES

Criminal No. SRCR012708
COUNT I: Criminal Mischief in the Fourth Degree

NAMES OF WITNESSES:
BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT
CHRISTINE GRAUSE, OCCUPATION UNKNOWN
ASHLEY STARNES, OCCUPATION UNKNOWN

E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
SRCR012708

Case Title
STATE VS BLAKE EDWARD STARNES

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 2015-01-09 15:17:48

page 3 of 3

E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 SRCR012708

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

BLAKE EDWARD STARNES ,

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 is
scheduled on 01/21/2015 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 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
SRCR012708

Case Title
STATE VS BLAKE EDWARD STARNES
So Ordered

Electronically signed on 2015-01-09 15:17:49

page 2 of 2

FILED
IOWA DISTRICT COURT FOR SAC COUNTY

2015 JAN 1 \ AHIO'-OI

STATE OF IOWA,
PLAINTIFF

NO._SX^1?T08
APPLICATION TO WAIVE

vs.

ATTORNEY AND 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 would 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.

Dated this

Defendant

o
H

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

*
STATE OF IOWA,
*
Plaintiff,
No. SRCR012708
vs.
BLAKE EDWARD STARNES,
Defendant.

*
*
*
*
*
*

WRITTEN ARRAIGNMENT
PLEA OF NOT GUILTY
ProSe

W o

ro

= 0 0

floe
--<-n
Jo

ro

COMES NOW the Defendant in the above-captioned criminal case and under oath states:
1. I have been informed of my right to be represented by an Attorney, and decline to be
represented by an attorney and I wish to proceed ProSe.
2. My current mailing and residence addresses and telephone number are:
Address:

3/4 5.

<$reef-

Telephone:

3.1 can read an.d understand English language and have completed the following level of
education: C^ClD COtvfferPrt)
.
4. I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this
Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings
which are computed from the date of arraignment will be computed from the date of filing
this Written Arraignment and Plea of Not Guilty.
5. I have received a copy of the Trial Information which charges me with the crime of
CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a Serious Misdemeanor in
violation of Iowa Code Sections 716.1 and 716.6(l)(a)(l) .
I have read it and I have familiarized myself with it contents.
6. With regard to the name by which I am charged in the Trial Information (either check "a"
or check and complete "b"):
(wfa. The name on the Trial Information is my true name. I have been advised and
understand that I am now precluded from objecting to the Trial Information upon the
grounds that I am improperly named.
( ) b. The name shown on the Trial Information is not my true name. My true name
is
. I request that an entry be made in the
minutes showing my true name. I have been advised and understand further
proceedings will be had against me by that true name, the Trial Information will be

amended accordingly, and when the Trial Information is so amended, I will be

precluded from objecting upon the grounds I am improperly named.
7. I have advised and understand that I may plead guilty, not guilty or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to contemplate my case,
and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa
Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the
Trial Information and (check either "a" or "b"):
I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).
11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal
Procedure. I will be available for trial on the following days:
.

Defendant, Blake Edward Starnes

STATE OF IOWA

)
) SS

SAC COUNTY
On this ^ i " day of
^(XyiUOLyU
2015 before my the undersigned, a Notary
Public in and for said State, personally appeared
, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that he executed the same of his voluntary act and deed.

^Wu3ftp?

i GOV 1 }

Notary Public in and for the State of Iowa

Original e-filed
Copy to:
Sac County Attorney
Defendant

SHELLEY BASS
Cleric of Dtatrid Court - Designee
Sao County

E-FILED 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
BLAKE EDWARD STARNES ,

Case No: 02811 SRCR012708

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

Defendant.
The defendant having filed a written arraignment in this matter on January 21, 2015.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 03/04/2015 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 04/07/2015 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.
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E-FILED 2015 JAN 21 11:21 AM 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 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SRCR012708
Type:

Case Title
STATE VS BLAKE EDWARD STARNES
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-01-21 11:20:50

3 of 3

E-FILED 2015 JAN 21 11:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

No. SRCR012708
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION

vs.
BLAKE EDWARD STARNES,
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
AT0008834
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: PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon the defendant named in the above cause
on January 21, 2015
by:
[x ] U.S. Mail
[x] Hand Delivered
Signature: /s/Norma Hecht

E-FILED 2015 JAN 21 11:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. SRCR012708

AMENDED
TRIAL INFORMATION

BLAKE EDWARD STARNES,

DOB: 01/28/1991
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, Blake Edward Starnes
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, Blake Edward Starnes, on or about November 14, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter
or destroy tangible property, to-wit: In Sac City Iowa at 1311 Martin Street, Defendant punched
the rear passenger window of a vehicle, breaking the window, and the cost of replacing,
restoring and/or repairing of which is $200 or less.
A TRUE 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

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
No. SRCRO12708
GUILTY PLEA- (Amendedvs.
*
Simple Misdemeanor)
*
BLAKE EDWARD STARNES,
DOB: 01/28/1991,
*
Defendant.

c_

CO
I
SO

2=

COUNT I

ro

I, the undersigned Defendant, have carefully read and fully understand the following:
A. I am charged with CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a Serious
Misdemeanor in violation of Iowa Code Sections 716.1 and 716.6(l)(a)(l). In conjunction
with a Plea Agreement made with the Sac County Attorney, whereby will amend Count I to a
charge of CRIMINAL MISCHIEF IN T H E FIFTH DEGREE, a Simple Misdemeanor in
violation of Iowa Code Sections 716.1 and 716.6. I now request that my plea of not guilty be
changed to a Plea of Guilty to the amended charge.
B. The maximum punishment for a Simple Misdemeanor is imprisonment of not more than
thirty days in jail, and a fine of not more than $625.00 plus statutory surcharges, plus all court
costs and all costs and fees incurred for legal assistance. There is a minimum fine of $65.00,
which is immediately due on the date of sentencing, unless a payment plan is approved by the
court within thirty days of the Judgment date. In addition, if the charge is a violation of Iowa
Code Chapters, 124, 155A, 453B, 713, 714, 715A, 716, or Iowa Code Sections, 719.8, 725.1,
725.2 or 725.3, there is an additional surcharge of $125. I acknowledge that, the Court may
order me to perform community service work, if the Court is of the opinion that community
service work will deter and discourage others from similar criminal activity. (The rate at
which community service shall be calculated against my fine shall be the federal minimum
wage.) In addition, I may be required to pay correctional fees for incarceration and
enrollment fees for probation. I am aware that sentencing options may include deferral of
Judgment and Sentence, the grant of probation and the suspension of the sentence imposed.
C. I understand that, a criminal conviction, deferred judgment or deferred sentence may affect
my status under federal immigration laws.
D. If I plead not guilty, I would be entitled to the following rights. I give up these rights by
pleading guilty:
(1) . The right to a speedy and public trial by a jury of twelve people.
(2) . The right to have an attorney represent me at trial and, if the Court found I was unable to
afford an attorney, the Court would, at public expense, appoint an attorney to represent me.
(3) . At trial, I would be presumed innocent until such time, if ever; the State established my
guilt beyond a reasonable doubt.
(4) . At trial, a jury verdict of guilty would have to be unanimous.
(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forced
to testify, and if I choose not to testify, the State may not comment on the fact of my failure to
1

>

testify and, at my request, I would be entitled to a jury instruction stating that the jury could
not infer guilt from my failure to testify.
(6) . At trial, the State would have to confront me with witnesses upon whose testimony it
relied to obtain conviction, and I would have the right to cross examine those witnesses.
(7) . At trial, I would be entitled to present witnesses to testify on my behalf and to
compulsory process to secure those witnesses.
E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right
to trial, and will be treated as if I had been tried and found guilty by a jury.
F. The Court, in determining whether there is a factual basis for this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the Trial
Information, by reviewing the investigative reports of law enforcement agents who have
investigated the offense, or by asking me or counsel to recite and summarize the material
facts that would be offered at trial.
The Court has the discretion to accept or reject any plea agreement made between the State
and myself. The plea agreement is: The County Attorney will amend the charge to
CRIMINAL MISCHIEF IN THE FIFTH DEGREE, a Simple Misdemeanor in violation of Iowa
Code Sections 716.1 and 716.6., and I will plead guilty to the amended charge. I will pay a fine
of $65.00, plus the 35% surcharge in the amount of $22.75, the Law Enforcement Initiative
surcharge in the amount of $125.00, and court costs in the amount of $100.00; by paving
$50.00 per month on the 15 day of each month beginning on the 15 day of February 2015,
and continuing on the 15 day of each month thereafter until paid in full. As part of the plea
agreement I will repair the damaged vehicle window and provide proof of the completed
repair to the court, by submission of an invoice and or statement from the victim that the
repair is completed; to be completed and submitted to the court within thirty days of the
judgment entry date.
th

th

th

This plea agreement includes that I will be responsible to pay court costs, payment of all
costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail
time and all surcharges and mandatory punishments (see paragraph B) applicable to my case.
I now state to the Court that I am, in fact GUILTY and that no threats or promises have been
made to induce me to enter my plea of guilty. I have been informed that the elements of the
crime are: Unlawfully and willfully intentionally damage, deface, alter or destroy tangible
property, and the cost of replacing, restoring and/or repairing of which is $200 or less.
I understand the nature of the charge against me.
This offense was committed by me in Sac County Iowa by my doing the following: I did on
or about the 14 day of November 2014 in Sac City at 1311 Martin Street, punch the rear
passenger window of a vehicle owned by Christine Grause, breaking the window, and the cost of
replacing, restoring and/or repairing of which is $200 or less.
th

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights
and I do so freely and voluntarily. No threats have been made against me to obtain this guilty
plea. No promises of leniency or favorable treatment have been made, except for any plea
bargain disclosed to the Court at the time of this guilty plea.

G. If the Court accepts my plea of guilty, I realize:

(1) . The Court will set a sentencing date not less than fifteen days after the date of its
acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I
must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to
file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence
today.
(2) . If the Court imposes a sentence today, I will never be able to challenge this plea of
guilty, and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have
the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:
1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of
judgment, and that the Court will set a sentencing date not less than fifteen days after the
date of its acceptance of this guilty plea unless I waive this right, and the right to file a
Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this plea
of guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I waive any time to which I may be entitled
for sentencing at a later date.
WAIVER OF RIGHT TO BE PRESENT
I have been fully advised that I have a constitutional right to be present at my sentencing
and present evidence in my own behalf. I understand that it is my choice to be present or not,
and that no one can exclude me from sentencing.
With the above in mind, and further understanding that my decision whether to be present
or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my
sentencing.
Defendant, Blake Edward Starnes
STATE OF IOWA
SAC COUNTY

)
) SS
)

On this Q}I* day of J h s y ^ u t t s ^ , 2015 before me the undersigned, a Notary Public in and for said
State, personally appeared
ffi\-ip_
f ^ y j / x f d S+ns^t? 5,
, to me known to be the identical
person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his
voluntary act and deed.

Notary Public in and for the State of Iowa

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NORMA D HECHT
Commission Number 740827
MY COMMISSION EXPIRES

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E-FILED 2015 JAN 21 2:50 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. SRCR012708
Plaintiff,
vs.
ORDER
BLAKE EDWARD STARNES,
Defendant.
NOW, on this 21st day of January, 2015, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with Criminal Mischief
in the Fifth Degree, a Simple Misdemeanor, in violation of Iowa Code Sections 716.1
and 716.6.

Clerk to furnish copies to:

County Attorney
Defendant

E-FILED 2015 JAN 21 2:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SRCR012708

Case Title
STATE VS BLAKE EDWARD STARNES
So Ordered

Electronically signed on 2015-01-21 14:50:28

page 2 of 2

E-FILED 2015 JAN 21 2:51 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

SRCR012708
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

BLAKE EDWARD STARNES,

Defendant.
DATE:

January 21, 2015

CHARGE:

Criminal Mischief in the Fifth Degree, a simple misdemeanor, as

amended, in violation of Iowa Code 716.1 and 716.6

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $65.00;
(2)
a 35% surcharge of $22.75;
(3)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(4)
Defendant shall repair the damaged vehicle window and
provide proof of the completed repair to the court, by
submission of an invoice and/or statement from the victim
that the repair is completed. Defendant shall submit such
proof within 30 days of todays date; and
(5)
the court costs of this action.
Defendant shall pay these financial obligations to the Clerk of Court
of this county or online at www.iowacourts.gov. Such financial
obligations may be paid in monthly installments of at least $50.00

E-FILED 2015 JAN 21 2:51 PM SAC - CLERK OF DISTRICT COURT

per month beginning on the 15th day of February, 2015, and

continuing on the 15th day of each month thereafter until paid in
full. If any installment is missed, in whole or in part, it may be
considered a violation of this Order. In addition, if the installment
payment becomes delinquent by 30 days or more, then, pursuant
to Iowa Code Section 602.8107, this case shall be assigned to the
Centralized Collection Unit of the Iowa Department of Revenue or
its designee to collect the debts owed to the Clerk of Court. In the
event this matter is assigned for collection, additional fees may be
imposed pursuant to law.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the sum of $500.00, cash or surety.
6.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.

Clerk Shall Furnish Copies To:

County Attorney
Defendant

E-FILED 2015 JAN 21 2:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SRCR012708

Case Title
STATE VS BLAKE EDWARD STARNES
So Ordered

Electronically signed on 2015-01-21 14:51:15

page 3 of 3