Sac City Man Convicted of Harassment in The Third Degree

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E-FILED 2013 AUG 25 4:39 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 26 12:42 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012408 vs. TODD ANDREW BACHMAN , Defendant. INITIAL APPEARANCE

Charges: 01 - 708.11(3)(b)(1) - STALKING - VIOLATION OF PROTECTIVE ORDER 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 $750.00 to $7,500.00 fine 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 2013 AUG 26 12:42 PM 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 post a cash only bond of $5,000.00. If released you must obey the no contact order previously issued. In not, then you will not be released from custody in the future but will be held pending trial.

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 09/16/2013 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 2013 AUG 26 12:42 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-08-26 12:42:01

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DISTRICT CUURI UF ICV/A SAC COUNTY FILED

2013 AUG 26 PH 2- 3k
EN THE IOWA DISTRICT COURT FOR. STATE OF IOWA or Plaintiff/Petitioner, vs. Defendant/Respondent. Sac COUNTY Civil

Criminal No.

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support ofmy application for appointment of counsel, and under penalty of perjury, the undersigned states: _Name: ' f i l j ^ 4 ^ . ^ Birth Date: 3 I f / / f t /

Home Phone: Street Address: Pending charges: Do you have a job? No Job ytZ *

Cell Phone: I t 1 ^ L b - Q l C R E-mail:. ^ SV Sfreet/PTO. Box fj.(k\\s Si&eQh Apt# City ' Yes, Full Time ^At^itfff ' W<* ' State f f t f Zip
a

In Jail? S^Yes No 7<<}

Yes, Part Time (List Hours/week: f\#A " f y I

Who do you work for?

* r^N^a, W,0h per af^hour month year


(

How much money do you currently make before taxes or deductions?

How much money have you made in the last 12 months from any source, before taxes or deductions?^ ^-Kp &t)Q How many family members are supported by or live with you? f per hour month year fJ

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 in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything , else worth more than $100: ->.0flS ftuit.K L*Cr<lff< , - e O < t y t V , ^ U *\ U /<f,

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

7 17 I tp,**-*

*?

p- ~

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. Signature Rev. 1/6/12

Date

E-FILED 2013 AUG 27 9:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TODD ANDREW BACHMAN , DEFENDANT. 02811 FECR012408 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 Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 AUG 27 9:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN ORDER APPOINTING So Ordered

Electronically signed on 2013-08-27 09:53:01

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E-FILED 2013 AUG 27 11:31 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 27 3:25 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR DICKINSON COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. TODD ANDREW BACHMAN DEFENDANT

) ) ) Crim No.FECR012408 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on behalf of the above-named defendant and on behalf of the defendant, waives preliminary hearing in the captioned matter.

/s/Charles A. Schulte AT0007137 SCHULTE LAW FIRM, L C 421 Main St., PO Box 392 Sac City, IA 50583 Phone: (712) 662-4715 Fax: (712) 662-4884

Original filed Copy to: County Attorney

E-FILED 2013 SEP 06 2:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, Plaintiff Vs. ) ) FECR012408 ) ) APPLICATION FOR RELEASE OF ) BOND

TODD ANDREW BACHMAN Defendant ______________________

COMES NOW Charles A. Schulte and on behalf of the defendant applies to the court for release of the cash bond previously posted and for an order releasing the defendant on his promise to appear in lieu of bond. In support of his motion, the defendant states that he is a long time resident of Sac County; that he has worked for AG Partners in Fonda for over two years and that all of his family live in Sac County or in close proximity. The $5,000.00 bond was posted by the defendants father, Ed Bachman and should be returned to him.

Respectfully submitted, /S/ Charles A. Schulte AT0007137 SCHULTE LAW FIRM L C 421 Main St., P.O. Box 394 Sac City, IA 50583 (712) 662-4715 FAX: (712 662-4884

E-FILED 2013 SEP 09 10:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ORDER TODD ANDREW BACHMAN , Defendant. 02811 FECR012408

Defendant has filed a motion for release of his bond. The state shall file a resistance to such motion by September 13, 2013 or the motion will be sustained.

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E-FILED 2013 SEP 09 10:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN OTHER ORDER So Ordered

Electronically signed on 2013-09-09 10:17:38

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E-FILED 2013 SEP 20 10:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, Plaintiff ) ) ) ) )

FECR012408 ORDER

Vs. TODD ANDREW ACH!AN D"f"n#ant $$$$$$$$$$$$$$$$$$$$$$

%&'n a&&li(ati'n 'f t)" #"f"n#ant an# *it) n' +"sistan(" f+', t)" stat", t)" C'-+t O+#"+s. T)" #"f"n#ant s)all ('ntin-" t' /" +"l"as"# f+', (-st'#0 'n )is &+',is" t' a&&"a+ at all f-t-+" C'-+t &+'(""#in1s. T)" (as) /'n# &+"2i'-sl0 &'st"# s)all /" +"t-+n"# t' E# a(),an. 421 S. Cla+3 St., A&t 104, Ca++'ll, IA 51401.

E-FILED 2013 SEP 20 10:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012408 OTHER ORDER Case Title STATE VS TODD ANDREW BACHMAN So Ordered

Electronically signed on 2013-09-20 10:35:44

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TODD ANDREW BACHMAN, DOB: 03/09/1961 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, Todd Andrew Bachman of the crime of STALKING, a Class D Felony in violation of Iowa Code Section 708.11(2) and 708.11(3)(b)(1) committed as follows: The said Defendant, Todd Andrew Bachman, on or about August 25, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully stalk S.T., in violation of a criminal or civil protective order or injunction, or any other court order by purposefully engaging in course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to, or death of that specific person or member of that specific person's family. A TRUE INFORMATION CRIMINAL CAUSE NO. FECR012408

TRIAL INFORMATION

/s/Benjamin John Smith 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

E-FILED 2013 SEP 24 11:07 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012408 Approval of Trial Information Case Title STATE VS TODD ANDREW BACHMAN

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 2013-09-24 11:08:12

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E-FILED 2013 SEP 24 11:07 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. FECR0 !"0# Plaintiff, ORDER SET ARRAI$NMENT VS. AND APPROVE %OND TODD ANDREW BACHMAN, Defendant.

T&e TRIAL INFORMATION and t&e MINUTES OF EVIDENCE in t&i' (atte) &a*e +een e,a(ined and f-.nd t- /-ntain '.ffi/ient e*iden/e, if .ne,0lained, t- 1a))ant a /-n*i/ti-n in a t)ial +2 3.)2, t&e)ef-)e, t&i' (atte) '&all +e 'et f-) A))ai4n(ent. IT IS ORDERED, t&e Defendant '&all 0e)'-nall2 a00ea) f-) Arraignment at t&e Sa/ C-.nt2 C-.)t&-.'e, Di't)i/t C-.)t)--(, Sa/ Cit2, I-1a -n t&e 8th da2 -f Oct !er "#$% at &'## a(m(. T&e Defendant i' ad*i'ed t&at fail.)e t- a00ea) 1ill )e'.lt in t&e i''.an/e -f an a))e't 1a))ant. IT IS FURTHER ORDERED, t&e Defendant5' +-nd and /-nditi-n' f-) )elea'e f)-( /.'t-d2 in t&i' (atte) '&all +e6 Defendant i' )elea'ed -n 0e)'-nal )e/-4ni7an/e. %-nd i' 'et in t&e a(-.nt -f 89999999999999999. %-nd (a2 +e .n'e/.)ed. %-nd (.'t +e /a'& -) 'e/.)ed in t&e a(-.nt -f t&e %-nd. 0: /a'& (a2 +e 0-'ted. B n) *re+i ,-./ -et -ha.. c ntin,e( Cle); -f C-.)t '&all i''.e a '.((-n' f-) Defendant t- A00ea). Cle); -f C-.)t '&all i''.e an a))e't 1a))ant. Other C n)iti n- 0 Re.ea-e' De0en)ant -ha.. !e/ a.. Fe)era., State, an) L ca. .a1-( The N C ntact Or)er *re+i ,-./ i--,e) in Sac C ,nt/ Di-trict C ,rt 2Magi-trate Di+i-i n3, ca-e 4SMCR#$"%$" -ha.. a.- !e in 0,.. 0 rce an) e00ect in the a! +e entit.e) matter( T&e Defendant '&all +e -n 0)e<t)ial '.0e)*i'i-n t- t&e Se/-nd =.di/ial Di't)i/t De0a)t(ent -f C-))e/ti-nal Se)*i/e'. Ot&e)6

State of Iowa Courts Type: Case Number FECR012408 ORDER FOR ARRAIGNMENT Case Title STATE VS TODD ANDREW BACHMAN So Ordered

Electronically signed on 2013-09-24 11:08:12

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E-FILED 2013 OCT 07 3:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICT COURT FOR SAC COUNTY OF IOWA. STATE Vs. TODDANDREWBACHMAN Def-endant flled: DateTrial Information
criminalcaseand underoathstates: in the abovc-captioned COMES NOW the Defendant u'hoseaddress and phonenumberarc Charles A. Schulte, by Attorne,v l. I am represented zl21 662-1715. Main St..PO Box 392.SacCit).IA. 505831(712) address and phonenumberare215 S. 3'd51' Sac 2. My currentmailing and residence (: 712)660-0168 M.. v d a t e o f b i r t h i s 0 3 - 0 9 - 1 9 6 1 . C i t y .I A 5 0 5 8 3 .M y p h o n c n u m b e r i s the following level and havecompleted the Englishlanguage I canreadand undcrstand 12 Years. of education: that I have a right to arraignment advisedbl rny attorneyand understand 4. I havebeer.r to sign this Written instead and I voluntarilywaive that right. choosing in openCour1. that times fbr furtherproceedings and Pleaof Not Guilty. I understand Arraignment will be computedfiom the datc of which are computedfrom the date of arraignrnent filing this Written Arraignmentand Pleaof Not Guilty. me r'viththe crime of a copy of the Trial Informationwhich charges 5. I havereceived COUNT I: STALKING in violation of Iowa Code Section708'11(3xb)(l). in the Trial Information(eithercheck 6. With regardto the nameb.vu'hich l am charged "b"): "a" or checkan{ complete ./ ./ is my true name. I havcbeenadvised t lS{. lne nameorl the Trial L.rformation and undeistandthat I am 16q' plecluded from objectingto thc Trial Infbrmation upon the improperly named. groundthat I an.r ( )b. The nameshownon the Trial Informationis not my truc name Mv true that an entry be madein the minutesshowingmy true name. I have nameis. I request me by that name. rvill be had against lurtherproceedings and understand bcenadvised ]'rial Informationis so and when the accordingly. the Trial lnlbrmationrvill be amended named uponthe groundsI am irnpropcrly lrom ob.iecting I ivill bo precluded amended, that I may pleadguiltl'. not guilt.vor former and understand 7. I havebeenadvised convictionor acquittal.

2408 CRIMINAI,NO I-ECROI WRI'I]'ENARRAICiNMENT, PLEAOF NOl GUILTY

E-FILED 2013 OCT 07 3:38 PM SAC - CLERK OF DISTRICT COURT

my caservith I havehad suflicienttime to discuss ofthis arraignment, 8. For thc purpose my attorney.and I waive any furthcr time in n'hich to enter a plea. in paragraph 5 abovc. 9, I pleadNOT GUILTY to the charges olthe that I havca right underRule 2.33(2Xb) 10. I havebeenadvisedand understand aftcr the filing of ro a trial within ninetydays/one Iou,uRulesof'CrintinalProcedure lear and (checkeither"a" or "b"): the Trial Informatior.r ,/ and (c). to Rule 2.33(2)(b) trial pursuant t L,(a.I demn,l speedy and (c). to Rule 2.33(2)(b) trial pursuant ( ) b. I u,aivemy right to a speedy to Rule 8.1 ofthe lowa Ruleso.lCriminul that a trial dalebe setpursuant 11. I request for trial on the following days:Any Procedttre.M.v attomeyand I n'ill be available Time.

Original to be filed rvith Clerk of Court Copy provided to: SacCounty Attorney PO Box 92 SacCitv. IA 50583

E-FILED 2013 OCT 08 9:45 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TODD ANDREW BACHMAN , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 7, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013, at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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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Case No. 02811 FECR012408

ORDER FOR TRIAL

E-FILED 2013 OCT 08 9:45 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 OCT 08 9:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-08 09:44:24

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E-FILED 2013 OCT 21 11:47 AM SAC - CLERK OF DISTRICT COURT

COURTFORSACCOIjNTY IN THI] ]OWA DISI'RICT THE STAI'EOF IOWA.


Plaintiff. T ( ) D DA N D R L W B A C H V A \ Defendant.

NO. FECR0l2408 WAIVEROF R]GIITTO SPEEDY TRIAL

as follows: and states Todd Andrew Bachman, Comesnow the defendant. 10a tl1the lJnitedStates that he hasa right by virtueofthe Constitution 1. He realizes trial; speedy trial by virtuc of Iowa Rule of Criminal l.re hasa right to a speedy 2. He realizes u'hich states: 2.33(2)(b) Procedure hasnot waivedhis or her "If a defendant indictedfor a public offense trial, he or shemustbe broughtto trial rvithinninctl right to a speedy daysafterindictmentis found or the coufl mustorderthe indictment be shown." to the contrarY unlessgood causc to be dismissed to a CountyAttornel''sInfbrmation He is alsoawareof the fact that this rule is applicable andthat the ninety day pcriod runslrom the filing datethereof trial underIowa Rule of Criminal that he hasa right to a speedy 3. He furtherrealizes n'hich states: 2.33(2)(b) Procedure must be broughtto trial within oneyear afterthe dcfendat's "All criminalcases is granted by the court.upona an extension pursuant to rule 2.8 unless initial arraignment " showingof goodcause.

thereofby trial and the ramifications ofhis rightsto a speedy 3. He hasbeenflrlly advised of fader"'iththe passage includingthe fact that the memoryof witnesses his attorney, the ma.v impair that dclay unavailable; or become may disappear time; that witnesses duringthc view him with suspicion nTay the community that ofhis defense; efl-ectiveness that he social endeavors; and pendency ofthe actiontherebyaffcctinghis occupational to and that he is or can be subjected prolonged at]xietyand concern will haveto endure considerations. t-actors and all of these account pendingtrial. and taking into incarceration trial rights at this time and he to rvaivehis specdy it to be in his bestinterest hc deems 2.33(a) and IRCP 2.33(b)and does to IRCP herebyrvaivethc sameboth as doestherefore for trial by as it ma-v be scheduled until suchdates that the trial may be postponed consent upon withdrawthis r.vaiver reserves the right to subsequently the court. The delendant written notice thereof to the coufl and thc Stateof Iou'a

E-FILED 2013 OCT 21 11:47 AM SAC - CLERK OF DISTRICT COURT

auyor Qd--.20 signc<rthisl4f


Attorncy for

tt.

Attornel' Copyto: County

E-FILED 2013 OCT 22 10:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TODD ANDREW BACHMAN, Defendant. IT IS HEREBY ORDERED t'at t'e P(et(ial Confe(en)e i* (e*)'ed+led to De)e,-e( ", " !., at /0 a.,. at t'e Sa) Co+nt1 Co+(t'o+*e, Sa) Cit1, Io2a, and t'e T(ial i* (e*)'ed+led fo( De)e,-e( !3, " !., at /0 a.,., al*o at t'e Sa) Co+nt1 Co+(t'o+*e. T'e defendant i* NOTIFIED if 'e fail* to a44ea( -efo(e t'i* Co+(t a* o(de(ed, a 2a((ant ,a1 i**+e fo( 'i* a((e*t. ORDER RESCHEDU%IN& PRETRIA% CONFERENCE AND TRIA% CASE No. FECR !"# $

E-FILED 2013 OCT 22 10:58 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012408 OTHER ORDER Case Title STATE VS TODD ANDREW BACHMAN So Ordered

Electronically signed on 2013-10-22 10:58:34

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E-FILED 2013 OCT 22 10:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TODD ANDREW BACHMAN, Defendant. IT IS HEREBY ORDERED t'at t'e P(et(ial Confe(en)e i* (e*)'ed+led to De)e,-e( ", " !., at /0 a.,. at t'e Sa) Co+nt1 Co+(t'o+*e, Sa) Cit1, Io2a, and t'e T(ial i* (e*)'ed+led fo( De)e,-e( !3, " !., at /0 a.,., al*o at t'e Sa) Co+nt1 Co+(t'o+*e. T'e defendant i* NOTIFIED if 'e fail* to a44ea( -efo(e t'i* Co+(t a* o(de(ed, a 2a((ant ,a1 i**+e fo( 'i* a((e*t. ORDER RESCHEDU%IN& PRETRIA% CONFERENCE AND TRIA% CASE No. FECR !"# $

E-FILED 2013 OCT 22 10:58 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012408 OTHER ORDER Case Title STATE VS TODD ANDREW BACHMAN So Ordered

Electronically signed on 2013-10-22 10:58:34

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E-FILED 2013 DEC 17 1:40 PM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 FECR012408 PLAINTIFF, vs. ORDER TODD ANDREW BACHMAN , DEFENDANT.

This matter comes to the Court's attention for rescheduling of trial and pre-trial conference. IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. Pre-trial conference is scheduled for January 15, 2014 at 11:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE

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E-FILED 2013 DEC 17 1:40 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN OTHER ORDER So Ordered

Electronically signed on 2013-12-17 13:40:17

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E-FILED 2013 DEC 17 1:40 PM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 FECR012408 PLAINTIFF, vs. ORDER TODD ANDREW BACHMAN , DEFENDANT.

This matter comes to the Court's attention for rescheduling of trial and pre-trial conference. IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. Pre-trial conference is scheduled for January 15, 2014 at 11:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE

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E-FILED 2013 DEC 17 1:40 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN OTHER ORDER So Ordered

Electronically signed on 2013-12-17 13:40:17

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E-FILED 2014 JAN 16 3:27 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 16 3:27 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 17 10:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 02811 FECR012408 Plaintiff, vs. TODD ANDREW BACHMAN , Defendant.

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 02/05/2014 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.

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E-FILED 2014 JAN 17 10:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN OTHER ORDER So Ordered

Electronically signed on 2014-01-17 10:26:22

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E-FILED 2014 JAN 17 11:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, No. FECR012408 Plaintiff, REQUEST FOR LEAVE OF COURT TO AMEND TRIAL vs. INFORMATION TODD ANDREW BACHMAN, 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: HARASSMENT IN THE THIRD DEGREE, a Simple Misdemeanor in violation of Iowa Code Sections 708.7(1)(b) and 708.7(4) 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. /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 Copy to: PROOF 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 January 17, 2014 by: [ ] U.S. Mail [ ] Fax [ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ x] EDMS Signature: /s/Norma Hecht

E-FILED 2014 JAN 17 11:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TODD ANDREW BACHMAN, DOB: 03/09/1961 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, Todd Andrew Bachman of the crime of HARASSMENT IN THE THIRD DEGREE, a Simple Misdemeanor in violation of Iowa Code Section 708.7(1)(b) and 708.7(4) committed as follows: The said Defendant, Todd Andrew Bachman, on or about August 25, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully have personal contact with Sheila Toms with the intent to threaten, intimidate, or alarm Sheila Toms. A TRUE INFORMATION

CRIMINAL CAUSE NO. FECR012408

AMENDED TRIAL 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 JAN 17 1:22 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Case N . FECR!"#$!% Plaintiff, vs. ORDER TODD ANDREW BACHMAN, Defendant. NOW, n t&is "'t& da( f )an*a+(, #!"$, t&e C *+t is in +e,ei-t f t&e State.s M ti n t A/end T+ial Inf +/ati n and A/ended T+ial Inf +/ati n. T&e M ti n t A/end s& *ld 0e 1+anted. IT IS THEREFORE ORDERED t&at t&e State.s M ti n t A/end T+ial Inf +/ati n is 1+anted.

Cle+2 t f*+nis& , -ies t 3 Sa, C *nt( Att +ne( Defense C *nsel

E-FILED 2014 JAN 17 1:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012408 OTHER ORDER Case Title STATE VS TODD ANDREW BACHMAN So Ordered

Electronically signed on 2014-01-17 13:22:32

page 2 of 2

E-FILED 2014 JAN 24 10:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY No. FECROl2408 STATI' OF IOWA, Plaintiff, GUILTY PLEA-Amended VS. TODD ANDREW BACHMAN, DOB: 03/09/1961, Defendant. COUNTI the following: readand fully understand havecarefully De|endant, the undersigned l. with STAIKING, a ClassD Felony,in violationof lowa Code Section I arn charged withtheSac made Agreement witha Plea In conjunction 708.11(3)(bXl). ind Section 708.11(2) of HARASSEMENT lN THE Counti to a charge he will amend Attomeywhereby County 708.7(l)(b) of lowa code Sections ur violation Misdemeanor, THIRD DEGREE, a Sirnple to the of Guilty to a Plea thatmy pleaof not guiltybe changed and 708.7(4).I nou' request anrendcdchargeofHAR{SSEMENTlNTHETHIRDDEGREE,aSunpleMisdemcanor, and708 7(a) 7087(1)(b) of lowa CodeSections h violation of not morc thanthfty is imprisonment punislmentfor a SimpleMisdemeanor B . The rnaximum plus all court costs surcharges, plus statutory daysin jail, ani a fine of not morethan$625.00 f're of$65.00,which Thereis a minimum andfeesincunedfor legalassistance. ani all costs withtn thirty a paynentplan is approved unless due on the date of sentcncing, is rmrnediately lowa code of is a violation if the charge entry date. In addition, daysof the jrrdg,nent 2 7198"7251"125 or IowaCodeSections I Zi, t Ss,t,4538,713,714.'715A,716, Chapters, that the Courtmayordcr of$125. I acknorvledge surcharge o, il2s.3,thereis an additional work if the court is of the opinionthat communltyservlce me to performcornnunity service activity. (The rate at which others liom sllnrlarcrimu.ral work will dcter and discourage the federalminimumwage) ln be my fine shall agaurst shallbe calculated service community feestbr to pay conectionalfeesfor ilcarcerationand enrolLment addition,i may be require<l p robation.I-amawarethatsentencingoptionsmayirrcludedeferralofJudgmentarrd ^sentence, unposed ofthe sentence andthe suspension thc grantofprobation my nrayafl'ect judgmentor defered sentence deferred that a crimjnalconviction, C. I understand underfederalirnnigrationlaws. status D.Iflpleadnotguilty'Iwouldbeentitledtothe|ollowingrights'Igiveuptheserightsby guiltY: pleading andpublictrialby a jury of twelvepeople' (1). Therightto a speedy (2).Therighttohavcanattomeyrepresentmeattrialand,jftheCourt|orrndlwasunableto me to represent an attorney appoint the courtuould. rt publicexpense, affordan attorney, my imocentuntil suchtime,if ever;the stateestablished (3). At trial, I would be presumed doubt guilt bcyonda reasonable (4). At trial, a jury verdictof guilty would havcto be unannnous' that is' I cannotbe forcedto self-ncrmination, iSj. ,t, nlu; f *ould huu. the privilegeagainst to on the factofmy failure maynot comment not to icstify,the State testifr,andifI choose

E-FILED 2014 JAN 24 10:42 AM SAC - CLERK OF DISTRICT COURT

restiry and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my lailure to testify. (6). At trial. the Statc would have to conflont me with *itnesses upon whose testimonylt thosewitnesses. reliedto obtainconviction,and I would havethe right to crossexamine (7). At trial, I would be entitled to prcsent witnessesto testiry on my behalf and to u itnesses. tlttlse c o n r p u l s o rp l r o c e s \( o s e c u r e

E,. By pleadinggurlty,therewill not be a trial of any knd. By pleadingguilty, I waive my light to


trial, and will be treated as ifl had beentried and found guilty by a jury' whetlier there is a factual basis for this plea of guilty, may make F . Thc court, in deterrrrururg such a detennination by examining the Mfrures of Testrmony attached to the Trial lnfbmation, by reviewrng the rnvestigative repofis of law enforcement agents u4ro have investigatedthe offense, or by askrngme or counselto recite and summarizethe material facts that would be offeredat trial. Thc Court has the discretion to accept or reject any plea agreernentmade between the State and mysell The plea agreement is: The county Attorney will amendthe charseto

oale.

and ary other I will comply with the Plan of Palanent1br court costs, fines, surcharges, per month paying by $50.00 ordered pay all amounts pay. I will to ordered financialfeesI am court to beginon the l5'" dav of the !1p!1h ll!\rlfglhs to the Sac County Clerk of Court with payment on the15j!bf of eachmonthuntil paid in IuIl HOWEVER' cntr),date.and shallcontinue Judsment IFTHEABovEPAYMENTPLANDOESNoTRESULTINTHETOTALOBLIGATION BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE the entire is missed. that if one Davment BALANCE IS DUE AT THAT TIN{E. I understand immediatelvdue. obligationbecomes to pay court costs,paynent of all that I will be responsible urcludes Thit pl"^ "gt"t*nt victim restitution,corection lail) fee for any jail costsanJ feesincured for legal assistance, to my case. (seeparagraph B) applicable punishrnents and mandatory time and all surcharges

I now state to the Court that I am, in fact GUILTY and that no threats or promises have bccn made to induce me to enter my plea of guilty. I have been informed that the elementsof the crirne are: willfully and knowingly has personalcontact \Yith a person with the intent to threaten, intimidate, or alarm that person. the natureofthe chargeagalist me I understand

was committedby me in SacCounty Iowa by my doing the following: This offense

i n l i m i d a t eo r a l a r m M 5 . T o m s .

E-FILED 2014 JAN 24 10:42 AM SAC - CLERK OF DISTRICT COURT

my rights I hercby state that I subnxt this written plea of guilty with full knowledge and waiver of this guilty and I io so fteely and voluntarily. No threats have becn made against rne to obtain plea. No promrsesof leniencyor favorabletreatmenthave been madc, except for any plea bargain to the Court at the time ofthis guilty plca. disclosed my plea of guilty, I realize: G. lfthe court accepts date not less than fifteen days aftcr the date of its (1). The couft will set a sentencing I of this guilty plea unlessI waive this right' In order to contestthis plea ofguilty' acceptance The right to must filc a Motion in Arrest of Judgrnentat least five days prior to sentencing. a sentence court impose the file a Motion in Affest of Judgmentwill be waived by having tooay. this plea of guilty. today, I will nevcr be ableto challenge a sentence (2). ifthe court irnposes and I rvill be giving up rny right to directly appealmy guilty plea' right to have I ask the court to acceptthis plea of guilty. I waive the precedng rights and rny me PersonallY. the court address WAIVER OF MOTION IN ARREST OF JUDGMENT that: now. I understand my plea ofguilty, I rvishto be sentenced lfthe court accepts no tatel of Judgment Arrest 1. ln order to contestthis plea ol guilty, I nust file a Motion in (l1 than .15 days after a plea of guilty and no iater than 5 days prior to pronouncemenl jrrdgment,andthatthecourtwillSctaSentencingdatenotlessthan|tfteendaysafterthe of this guilty plea unlessI rvaivethis right, and the right to filc a date ol its acceptance MotioninArrcsroIJudgmentwillbewaivedbyhrvirrgtheCourtimposessenlenceno\,\ 2.ByhavirrgtlreCourti*posc'nySentencenow,Iwillneverbeabletochallengethispleaof grilty and I will be giving up my right to directly appealmy guilty plea' be entitled I heicbyrequest the court sentenceme now and I waive any tune to which I may fbr scntencingat a later date. WAIVER OF RIGHT TO BE PRESENT IhavebeenfullyadvisedthatlhaveaconstitutionalriglrttobeplesentatnlyScntencjJ]g or not' and thal it is my choiceto be presel]t in my own behall I undelstand evidence and present me lioln sentenclrg. t h l l n o u n c e a nc x c l u d e thal my decision u,'hetherto be prescnt with the above ir mind, and further understanding present at my right to be present rvaivethe right voluntarilvrvaive ^. herehvknowingly knou,inslvand voluntarily own ,lenicinn decision, I hereby is -..r mv ^*,n not ;" or -^+

STATEO}. IOWA

s ALcouNl Y

On thrs A I o a yo l State,pcrsonallyaPPearcd
knorvn to be the identical

4 '.! .

20t4,
named in and who ex

a NotaryPublicin and fbr said thc undersigned,


lltc he

actanddced. oI his voluntary the same executcd

#-:***t=#

E-FILED 2014 JAN 27 9:40 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plainti , !". TODD ANDREW %ACHMAN, D& &n'ant. ) ) ) ) ) ) ) ) )

CRIM. NO. FECR012408

#UD$MENT AND SENTENCE

%E IT REMEM%ERED t(at )n t(& 24t( 'a* ) #an+a,*, 2014, t(& a-)!&.&ntitl&' /att&, 0a/& -& ),& t(& C)+,t ), 1+,1)"&" ) D& &n'ant2" 1l&a ) 3+ilt* t) an a/&n'&' 0(a,3& ) Ha,a""/&nt in t(& T(i,' D&3,&&, a "i/1l& /i"'&/&an),, a" a/&n'&', in !i)lati)n ) I)4a C)'& S&0ti)n 508.561)6-) an' 508.564). T(& D& &n'ant a11&a,&' -* (i" 0)+n"&l, C(a,l&" S0(+lt&, an' t(& Stat& 4a" ,&1,&"&nt&' -* Sa0 C)+nt* Att),n&* %&n S/it(. T(& C)+,t )n t)'a*2" 'at& a00&1t&' D& &n'ant2" 4,itt&n 1l&a ) 3+ilt*. T(& 1a,ti&" ,&7+&"t&' t(at t(&* 1,)0&&' t) "&nt&n0in3 t)'a*. IT IS THE #UD$MENT AND SENTENCE OF THIS COURT t(at t(& D& &n'ant i" 0)n!i0t&' ) t(& 0,i/& ) Ha,a""/&nt in t(& T(i,' D&3,&&, a "i/1l& /i"'&/&an),, in !i)lati)n ) I)4a C)'& S&0ti)n 508.561)6-) an' 508.564). IT IS FURTHER ORDERED t(at D& &n'ant "(all -& in&' in t(& a/)+nt ) 89:.00, 1l+" a11li0a-l& "+,0(a,3& 1+,"+ant t) I)4a C)'& S&0ti)n ;11.161) an' 0)+,t 0)"t". P+,"+ant t) I)4a C)'& < 81:.;6:), t(& C)+,t in'" t(at D& &n'ant i" a-l& t) ,&i/-+,"& t(& Stat& ), 0)+,t a11)int&' att),n&* &&". T(& 0l&,= "(all &nt&, >+'3/&nt a00),'in3l*. D& &n'ant "(all 1a* t(&"& inan0ial )-li3ati)n" t) t(& Cl&,= ) C)+,t ) t(i" 0)+nt* ), )nlin& at 444.i)4a0)+,t".3)!. S+0( inan0ial )-li3ati)n" /a* -& 1ai' in /)nt(l* in"tall/&nt" ) at l&a"t 8:0.00 1&, /)nt( -&3innin3 )n t(& 1:t( 'a* ) F&-,+a,*, 2014 an' 0)ntin+in3 )n t(& 1:t( 'a* ) &a0( /)nt( t(&,&a t&, +ntil 1ai' in +ll. I an* in"tall/&nt i" /i""&', in 4()l& ), in 1a,t, it /a* -& 0)n"i'&,&' a !i)lati)n ) t(i" O,'&, an' t(& t&,/" ) D& &n'ant2" 1,)-ati)n. In a''iti)n, i t(& in"tall/&nt 1a*/&nt -&0)/&" '&lin7+&nt -* ?0 'a*" ), /),&, t(&n, 1+,"+ant t) I)4a C)'& S&0ti)n 902.8105, t(i" 0a"& "(all -& a""i3n&' t) t(& C&nt,ali@&' C)ll&0ti)n Unit ) t(& I)4a D&1a,t/&nt ) R&!&n+& ), it" '&"i3n&& t) 0)ll&0t t(& '&-t" )4&' t) t(& Cl&,= ) C)+,t. In t(& &!&nt t(i" /att&, i" a""i3n&' ), 0)ll&0ti)n, a''iti)nal &&" /a* -& i/1)"&' 1+,"+ant t) la4.

E-FILED 2014 JAN 27 9:40 AM SAC - CLERK OF DISTRICT COURT

D& &n'ant i" +,t(&, "&nt&n0&' t) "&,!& a 1&,i)' ) ?0 'a*" in t(& 0+"t)'* ) t(& Sa0 C)+nt* S(&,i , 4it( 0,&'it ), ti/& "&,!&', a" 0&,ti i&' -* t(& S(&,i . T(i" "&nt&n0& i" "+"1&n'&' in it" &nti,&t* an' D& &n'ant i" 1la0&' )n 1,)-ati)n t) t(& Sa0 C)+nt* P,)-ati)n O i0& ), a t&,/ ) )n& *&a,. C)n'iti)n" ) 1,)-ati)n a,& a" )ll)4"A 1. 2. ?. 'at&. T(& ,&a")n" ), t(i" "&nt&n0& in0l+'& t(& )ll)4in3A D& &n'ant2" a3&B 1,i), 0,i/inal (i"t),*B attit+'& t)4a,' ,&(a-ilitati)nB a0t" an' 0i,0+/"tan0&" ) t(i" 0a"&B a/il* an' &/1l)*/&nt 0i,0+/"tan0&"B n&&' ), 1,)t&0ti)n ) t(& 0)//+nit* an' '&t&,,&nt i/1a0t +1)n D& &n'ant an' )t(&," "i/ila,l* "it+at&'. Any bond money previously posted is released and exonerated. T(& D& &n'ant i" a'!i"&' ) t(& ,i3(t t) a11&al t(i" #+'3/&nt an' S&nt&n0&. %)n' )n a11&al i" 8:00 0a"(. Cl&,= t) 1,)!i'& 0)1i&" t)A C)+nt* Att),n&* D& &n"& C)+n"&l Sa0 C)+nt* #ail Sa0 C)+nt* P,)-ati)n O i0& D& &n'ant "(all 1a* t(& inan0ial )-li3ati)n" a" ),'&,&'. D& &n'ant "(all )-&* all la4". D& &n'ant "(all (a!& n) 0)nta0t 4it( S(&ila T)/" ), a 1&,i)' ) )n& *&a, ,)/ t)'a*2"

E-FILED 2014 JAN 27 9:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012408 OTHER ORDER Case Title STATE VS TODD ANDREW BACHMAN So Ordered

Electronically signed on 2014-01-27 09:40:21

page 3 of 3

E-FILED 2014 JAN 27 9:40 AM SAC - CLERK OF DISTRICT COURT

Form 4.11: Sentencing No Contact Order 664A.5-Any Criminal Prosecution 12/27/2010

ORDER OF PROTECTION
This order can be verified during business hours with the SAC County Clerk of Court at (712) 662-7791 or any time with the SAC County Sheriff's office at (712) 662-7791

02811 FECR012408 Judge: Adria Kester County: SAC State: IOWA

SENTENCING NO CONTACT ORDER


(Any Public Offense 664A.5) ISSUE DATE: January 27, 2014 Other Protected Persons:

PROTECTED PARTY:

Sheila Toms
First, Middle, Last VS. STATE OF IOWA V. DEFENDANT: RESPONDENT's Date of Birth: 03/09/1961 Address for Defendant (not shared with Protected Party):

TODD ANDREW BACHMAN


CAUTION: If checked, FIREARMS WARNING for LAW ENFORCEMENT THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter. Additional finding are set forth below. THE COURT HEREBY ORDERS: The above named defendant is restrained from committing further acts of abuse or threats of abuse. The above named defendant is restrained from any contact with the protected party. Additional terms of this order and exceptions to the above provisions are as set forth below. This order shall remain in effect until January 24, 2015 unless it is modified, terminated or extended by further written order of the court. WARNINGS TO RESPONDENT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S. C 2265. Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18 U.S.C. 2262. Federal and state laws provide penalties for possessing, transporting, shipping, or receiving any firearm or ammunition (18 U.S.C. s.922(g)(8)); Iowa Code Section 724.26(2)(a). Only the court can change this order.

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E-FILED 2014 JAN 27 9:40 AM SAC - CLERK OF DISTRICT COURT

The defendant has been convicted of the following crime(s): Harassment in the Third Degree, a simple misdemeanor. The court finds the presence of or contact with the defendant poses a threat to the safety of Sheila Toms. INTIMATE PARTNER. If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person"). [Registry order type D] IF CHECKED, the court must check box 5, prohibiting the defendant from possessing firearms. OR OTHER. If checked, the court finds the relationship status of the defendant and the protected party is other than the federal "intimate Partner" definition. [Registry order type I] Therefore, the court orders as follows: 1. Defendant shall not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected party. Defendant shall stay away from the protected party and shall not be in that party's presence except in a courtroom during court hearings. 3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. 4. If checked, additional directives: 5. If checked, the defendant has been convicted of domestic abuse assault under Iowa Code 708.2A. Therefore, the defendant shall not possess,ship, transport, or receive firearms, offensive weapons, or ammunition unless such rights have been restored in accordance with Iowa Code section 724.27. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency) on or before . 6. This protective order is in effect immediately. The order may be extended prior to expiration or at sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension). 7. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release defendant from restrictions contained in this order. The clerk of court shall provide copies of this order to the protected party, county attorney, defendant, counsel of record (if any), and the Sac County Sheriff as required by Iowa Code sections 236.5(5) and 664A.4. The Sac County Sheriff shall serve and return service of this order upon defendant. 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.

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E-FILED 2014 JAN 27 9:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012408 Type: Case Title STATE VS TODD ANDREW BACHMAN OTHER ORDER So Ordered

Electronically signed on 2014-01-27 09:41:39

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E-FILED 2014 JAN 31 4:11 PM SAC - CLERK OF DISTRICT COURT

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