State v Mark Anthony Yetz Jr - AGCR012486

8/13/2019 State v Mark Anthony Yetz Jr - AGCR012486

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


3/19

IN THE IOWA DISTRICT COURT IN AND FOR SAC

STATE OF IOWA,

Plaintiff, Case No: 02811 AGCR012486vs.

Order for WarrantMARK ANTHONY YETZ JR,

Defendant.

Ct. Code Description01 - 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 ofan aggravated misdemeanor charge.

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E-FILED 2014 JAN 21 9:25 AM SAC - CLERK OF DISTRICT COURT


4/19

State of Iowa Courts

Case Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: ORDER TO ISSUE WARRANT

So Ordered

Electronically signed on 2014-01-21 09:26:09

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E-FILED 2014 JAN 21 9:25 AM SAC - CLERK OF DISTRICT COURT


5/19

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE 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, havingbeen 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 attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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 forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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E-FILED 2014 FEB 10 9:00 AM SAC - CLERK OF DISTRICT COURT


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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes 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 determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis:

Waived

Preliminary Hearing is scheduled on at : AM at the .

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

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 DefendantDefendantSac County Sheriff

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7/19


Case Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: HEARING FOR INITIAL APPEARANCE

So Ordered


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8/19

IOW DISTRICTCOURT FORS CCOUNTY FILEDS T A T EO F IO W A , 2 IkFEB10 AM9= U8

PLAI NT I FF N Ovs. A P P L I C A T I O N T O W A I V E

A T T O R N E Y A N D P R O C E E D P R O SE)D E F E N D A N T

In s up po rt of my app l icat ion to wa ive at torney I s ta te:1. I kno w I have aright to be repres ented by an at torney in th is case

andthat ifcann ot af ford to h i re an at torney, the C ourt wo uld app ointco u n s e l for m e, w ith ou t any init ial costs on my part . I furth er real izethat I wo u ld u l t imate ly have to re imburse the S ta te fo r thos e expenses .

2. I knowthat an at torney would represent my interest in a l l cour tproceed ings and wo uld be ava i lab le to answ er ques t ions fo r m e. I amawar ethat there may be defens es to the charges against methat I as anon - lawy er may not be aw are of. I know a law yer wou ld g ive me theopp or tun i ty to obta in an indepe nden t op in ion on how to proceed anddefend the case against me.

3 . I kno w the C ounty A t torn ey and his s taf f do not repres ent me butra ther are respons ib le fo r p ros ecut ing me. I kno wthat I can no t relyupo n the C ounty A t torney for legal adv ice .

4 . Hav ing cons idered myright to counse l , t og e t he rwith the risk andd isadvan tages of proce edin g wi th ou t an at torne y, I wa nt to represen tmyse l f and I wan t to w a ive myright to an at torney.


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I N T H E I O W A D I S T R I C T C O U R T F O R

DISTRICTC UH1OFIOWASACCOUNTYFILED

ZOMFEB 1 AM 9= U8Sac C O U N T Y

S T A T E O F I O W A or

vs

Plaintiff/Petitioner,

Defendant/Respondent

^ Criminal CivflO rUcgoam, F I N A N C I A L A F F I D A V I T / A P P L I C A T I O NF O R A P P O I N T M E N T O F C O U N S E L

Insupport of myapplicationforappointment of counsel,and under penaltyo f perjury, the undersignedstates:Name: BirthDate: l|l3>HomePhone:StreetAddress: 1 \ j U c n - e i A

CeU Phone: ~7lc '^iV 'H E-mail: VU^eiZti) WM \

Street/P.O.Box Apt CityPendingcharges: V f r l v o r - l Vp

State ZipIn Jail? Yes ^ N o

Doyouhaveajob? ^J^NoJob Yes, FullTime Yes,PartTime(ListHours/week: )Whodoyouworkfor? ^ \ ^ \ ~~~ ( j ^ J S J : ^ u X g A VHowmuchmoneydoyoucurrentlymake beforetaxes or deductions? K ^ \ C \ per hour month yearHowmuchmoney haveyoumadeinthe last 12 monthsfromany source, before taxes or deductions? Q ^ C O OHowmanyfamilymembers are supportedby orlivewithyou? C) \I faspouseliveswithyou,how muchmoney does your spouse make? hour month yearListal lother moneyyou,or anyone elseliving in your household,hascomingin:

Listwhatyou own includingmoneyin banks, cars, trucks, othervehicles,land,houses,buildings,cash,oranythingelseworthmore than $100:ing moneyu

Listamountsyoupaymonthlyforjnortgages, rent, carloans,credit cards,childsupport, or any other debts:Just amountsyoupaymonthlytorjnortgages, re3V **y> WX' f f h y ^ f LI understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit I promise under penalty of perjurythatthestatementsI majce in this application aretrueandthatI am unable to payforan attorney to represent me.

Datedm. Rev.1/6/12


10/19

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 financialhardship.

Attorney Sarah L. Smith (515) 573-2191, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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Case Number Case TitleAGCR012486 STATE VS MARK ANTHONY YETZ JRType: ORDER APPOINTING

So Ordered


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STBherebycostacashbondappearance BOND RELEASE FORM PKoCRO|ZM {{QGOOC MH withtheWebster n M n n ^C t T ^ ("Defendant")in\Vefej ?ofC o u r t f o rfidof $iSrofiourtroom#onthesecondfloorcf theLawEnforcementCenterinFortDodee r CountyCIA .


14/19

WEBSTER COUNTYJ ILF O RT D O D G E , I O W A

DATE

BONDRECEIVED OFC SHORSURETYBONDFORC SEI DEFENDANT) HAVE BEEN ADVISEDTOAPPEAR INWEBSTER 'COUNMAGISTRATE COURTO N T lIE SECOND FLOOROF THE LAWENFORCEMENUhN I'EK IN FORT DODOE, IOWA- fDb f ) f 06SacCt> ouy^0900.

ENDANT S SIGNATURE


15/19

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 ofFAILURE 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 SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 FEB 18 2:42 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


16/19

2

THE STATE OF IOWA vs. MARK ANTHONY YETZ JR.

Criminal No. AGCR012486COUNT I: Failure to Comply with Sex Offender Registry Requirements, Secondor 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 IOWACLERK OF COURT



17/19


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 Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-02-18 14:42:40 page 3 of 3



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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 INFORMATIONand the MINUTES OF EVIDENCEin this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 isscheduled 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 suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause 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 AttorneyDefendant/Defense Attorney



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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

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State v Mark Anthony Yetz Jr - AGCR012486

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