E-FILED 2013 JUL 04 10:30 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 05 9:39 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA STATE OF IOWA

Case No. 02811 FECR012351 Plaintiff vs

Summons or Citation

MATTHEW A SUMMERS Defendant

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: THEFT 2ND DEGREE in violation of Section(s) 714.2 of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 07/12/2013 at 9:30 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.

E-FILED 2013 JUL 05 9:39 AM SAC - CLERK OF DISTRICT COURT

Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

Recipient List Case ID : 02811 FECR012351 - STATE VS MATTHEW ALLEN SUMMERS E-FILED 2013 JUL 05 9:39 AM SAC - CLERK OF DISTRICT COURT Event Cd : SUMM MATTHEW A SUMMERS filed

E-FILED 2013 JUL 12 9:24 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA STATE OF IOWA , Plaintiff, vs. MATTHEW A SUMMERS , Defendant. Defendant's Correct Address: Charges: Theft 2 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 $7500 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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Case No: 02811 FECR012351

INITIAL APPEARANCE

E-FILED 2013 JUL 12 9:24 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:

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at the . If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff

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E-FILED 2013 JUL 12 9:24 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012351 Type: Case Title STATE VS MATTHEW ALLEN SUMMERS HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-12 09:22:53

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MATTHEW ALLEN SUMMERS, DOB: 04/15/1978 Defendant. TRIAL INFORMATION Case No. FECR012351

COUNT 1 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, Matthew Allen Summers (defendant) of the crime of FORGERY, a Class D Felony in violation of Iowa Code section 715A.6, committed as follows: On or about June 20, 2013, the defendant used a credit card belonging Carol Lane for the purpose of obtaining property and / or services, which, in the aggregate, are valued at over $1,000.00, but not more than $10,000.00, and the defendant knew he was not authorized to use the credit card. COUNT 2 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, Matthew Allen Summers (defendant) of the crime of IDENTITY THEFT, a Class D Felony in violation of Iowa Code section 715A.8, committed as follows: On or about June 20, 2013, in Sac County, Iowa, the defendant fraudulently used another persons identification information, and the defendant intended to use this information to obtain credit, property and / or services, which, in the aggregate, is valued at over $1,000.00, but not more than $10,000.00, and the defendant knew he was not authorized to use the credit card.

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 AUG 08 9:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012351 Approval of Trial Information Case Title STATE VS MATTHEW ALLEN SUMMERS

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 2013-08-08 09:50:58

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E-FILED 2013 AUG 08 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. FECR012351 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. MATTHEW ALLEN SUMMERS, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 27th day of August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other:

State of Iowa Courts Type: Case Number FECR012351 ORDER FOR ARRAIGNMENT Case Title STATE VS MATTHEW ALLEN SUMMERS So Ordered

Electronically signed on 2013-08-08 09:50:58

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E-FILED 2013 AUG 29 10:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MATTHEW ALLEN SUMMERS, Defendant. It Is Ordered that the defendant's arraignment is rescheduled to September 10, 2013, commencing at 9:00 a.m. in the courtroom of the Sac County Courthouse, Sac City, Iowa. If the defendant fails to appear for this hearing a warrant will be issued for his arrest. ORDER RESCHEDULING ARRAIGNMENT Case No. FECR012351

E-FILED 2013 AUG 29 10:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012351 ORDER FOR ARRAIGNMENT Case Title STATE VS MATTHEW ALLEN SUMMERS So Ordered

Electronically signed on 2013-08-29 10:15:41

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E-FILED 2013 SEP 11 10:10 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MATTHEW ALLEN SUMMERS, Defendant. COMES NOW State through Sac County Attorney Ben Smith and for its Motion to Dismiss states the purported victim, who is also defendants mother-in-law, contacted the undersigned on September 10, 2013, stating defendant was in the process of reimbursing her for the money he stole from her and, therefore, requested the pending criminal charges be dismissed if possible. WHEREFORE for the foregoing reasons, the State respectfully requests that the Court dismiss this matter without prejudice with court costs assessed to the defendant. MOTION TO DISMISS Case No. FECR012351

/s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 SEP 11 12:32 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MATTHEW ALLEN SUMMERS, Defendant. This matter came before the Court upon the States request that the Trial Information filed herein on August 8, 2013, be dismissed in its entirety. The Court, upon reviewing the record and being advised in the premises, FINDS and ORDERS that for the reasons set forth in the States Motion to Dismiss, the criminal proceedings herein shall be dismissed. The defendant is NOTIFIED that pursuant Iowa Rule 2.33, such a dismissal is not bar to another prosecution for the same offense. IT IS FURTHER ORDERED that court costs in the amount of $100.00 are assessed to defendant, which becomes past due if not paid within thirty (30) days of this Order. ORDER GRANTING DISMISSAL Case No. FECR012351

E-FILED 2013 SEP 11 12:32 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012351 OTHER ORDER Case Title STATE VS MATTHEW ALLEN SUMMERS So Ordered

Electronically signed on 2013-09-11 12:32:43

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