State V Joshua James Skirvin - Srcr012353
State V Joshua James Skirvin - Srcr012353
State V Joshua James Skirvin - Srcr012353
STATE OF IOWA Plaintiff vs Summons or Citation JOSHUA J SKIRVIN Defendant Case No. 02811 SRCR012353
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: HARASSMENT IN THE 2ND DEGREE in violation of Section(s) 708.7B of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 07/16/2013 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. 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 SRCR012353 - STATE VS JOSHUA JAMES SKIRVIN Event Cd : E-FILED SUMM 2013 JUL 09 11:05 AM SAC - CLERK OF DISTRICT COURT JOSHUA J SKIRVIN filed
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 SRCR012353 vs. JOSHUA J SKIRVIN , Defendant. Defendant's Correct Address: PO Box 276, Wall Lake, IA 51466 INITIAL APPEARANCE
Charges: 01 - 708.7(3) - HARASSMENT / 2ND DEG. - 1989 (SRMS) 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 $Fine of not less than $315 nor greater than $1,875 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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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: In order to secure his release defendant must post a cash or surety bond in the amount of $25,000 for both this and the accompanying tampering with a witness and burglary in the first degree charges. If released on bond defendant shall not consume any alcohol or illegal drugs during the pendancy of this matter and shall obey all laws of Iowa and the U.S.
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 07/26/2013 at 11:00 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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State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN HEARING FOR INITIAL APPEARANCE So Ordered
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2 0 1 3 JUL 1 6 PHI2:3!
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, Sac COUNTY
Criminal
Civil
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: Home Phone: Street Address: SlreetfP.O. Box
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BirthPate: E-mail:.
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Apt#
City
State
Zip
Pending charges: t W l l S & f t l A t t l ^ f t A f t i ^ 4- " " p V j * ^ r'lAn \ t \ ( Q i W S>S In Jail? H"Yes No Do you have a job? Ef^NoJob Yes, Full Time Yes, Part Time (List Hours/week: )
Who do you work for? How much money do you currently make before taxes or deductions? per hour month year
How much money have you made in the last 12 months from any source, before taxes or deductions? How many family members are supported by or live with you? If a spouse lives with you, how much money does your spouse make? C^P per hour month year
List all other money you, or anyone else living in your household, has coming in: /U/vQ-
List what you own including mon^y in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: AS//t
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: /U%Ljf^_
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. Dat&~7 ~~ ( ( (i
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Signature /^"^
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Rev. 1/6/12
STATE OF IOWA, PLAINTIFF, VS. JOSHUA J SKIRVIN , DEFENDANT. 02811 SRCR012353 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.
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State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN ORDER APPOINTING So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JOSHUA J SKIRVIN Defendant 02811 SRCR012353
ORDER
The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m. Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to the magistrate.
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State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN OTHER ORDER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JOSHUA J SKIRVIN Defendant 02811 SRCR012353
ORDER
The court had set this matter for bond review on this date. The accompanying charge has been transcribed to district court and a bond review set for July 30, 2013. Thid court defers to the district court to set appropriate bond on all pending charges.
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State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN OTHER ORDER So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JOSHUA JAMES SKIRVIN, Defendant. TRIAL INFORMATION Case No. SRCR012353
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, Joshua Skirvin (defendant) of the crime of HARASSMENT IN THE FIRST DEGREE, an Aggravated Misdemeanor in violation of Iowa Code Sections 708.7(2)(a), 703.1 committed as follows: On or about June 29, 2013, at or around 304 Sherwood Street, Wall Lake, Iowa (Sac County), defendant either communicated to Billy Hutchinson and / or aided and abetted Cody Dupres first degree harassment of Billy Hutchinson by actively participating with Cody Dupre and / or knowingly advising or encouraging Cody Dupre to harass Billy Hutchinson before or when Cody Dupre did harass Billy Hutchinson, in that defendant helped locate Billy Hutchinson for Cody Dupre and / or drove Cody Dupre to Billy Hutchinson knowing that Cody Dupre planned to harass Billy Hutchinson and through active participation with Cody Dupre and / or knowingly advising or encouraging Cody Dupre that Cody Dupre did in fact harass Billy Hutchinson through personal contact, without legitimate purpose, and in a manner likely to cause Billy Hutchinson annoyance or harm, a threat to murder Billy Hutchinson, and the defendant did so with the specific intent to intimidate, annoy or alarm Billy Hutchinson. IOWA CODE 708.7, 708.7(2)(a), 707.2, 702.11(1), 708.7(2)(a), 703.1. 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: [email protected]
State of Iowa Courts Type: Case Number SRCR012353 Approval of Trial Information Case Title STATE VS JOSHUA JAMES SKIRVIN
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
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JOSHUA JAMES SKIRVIN Defendant. CRIMINAL CAUSE NO. SRCR012353
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINA NO. SRCR!"#$%$ Plaintiff, ORDER SETTIN& ARRAI&NMENT AND 'OND VS. JOSHUA JAMES SKIRVIN, Defendant.
T(e TRIA INFORMATION and t(e MINUTES OF EVIDENCE in t(i) *atte+ (a,e -een e.a*ined and f/0nd t/ 1/ntain )0ffi1ient e,iden1e, if 0ne.2lained, t/ 3a++ant a 1/n,i1ti/n in a t+ial -4 50+4, t(e+ef/+e, t(i) *atte+ )(all -e )et f/+ A++ai6n*ent. IT IS ORDERED, t(e Defendant )(all 2e+)/nall4 a22ea+ f/+ A++ai6n*ent at t(e Sa1 C/0nt4 C/0+t(/0)e, Di)t+i1t C/0+t+//*, Sa1 Cit4, I/3a /n t(e "$t( da4 /f August 2013 at 78!! a.*.. T(e Defendant i) ad,i)ed t(at fail0+e t/ a22ea+ 3ill +e)0lt in t(e i))0an1e /f an a++e)t 3a++ant. IT IS FURTHER ORDERED, t(e Defendant9) -/nd and 1/nditi/n) f/+ +elea)e f+/* 10)t/d4 in t(i) *atte+ )(all -e8 Defendant i) +elea)ed /n 2e+)/nal +e1/6ni:an1e. '/nd i) )et in t(e a*/0nt /f ;<<<<<<<<<<<<<<<<. '/nd *a4 -e 0n)e10+ed. '/nd *0)t -e 1a)( /+ )e10+ed in t(e a*/0nt /f t(e '/nd. "!= 1a)( *a4 -e 2/)ted. '/nd 2+e,i/0)l4 )et )(all 1/ntin0e. Cle+> /f C/0+t )(all i))0e a )0**/n) f/+ Defendant t/ A22ea+. Cle+> /f C/0+t )(all i))0e an a++e)t 3a++ant. Ot(e+ C/nditi/n) /f Relea)e8 Defendant )(all /-e4 all Fede+al, State, and /1al la3). T(e Defendant )(all (a,e n/ 1/nta1t 3it( t(e 3itne))e) li)ted in t(e 3itne)) li)t ?atta1(*ent t/ t(e T+ial Inf/+*ati/n@ in t(i) *atte+. T(e Defendant )(all -e /n 2+eAt+ial )02e+,i)i/n t/ t(e Se1/nd J0di1ial Di)t+i1t De2a+t*ent /f C/++e1ti/nal Se+,i1e). Ot(e+8
State of Iowa Courts Type: Case Number SRCR012353 ORDER FOR ARRAIGNMENT Case Title STATE VS JOSHUA JAMES SKIRVIN So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JOSHUA JAMES SKIRVIN, Defen ant. T(i! )atte* +a! *ai!e ,- t(e C".*t, +(i/(, .0"n *evie+in1 t(e *e/"* an ,ein1 a vi!e in t(e 0*e)i!e!, FINDS t(at t(e "* e* !ettin1 a**ai1n)ent 23"* e*45 file (e*ein "n J.l- %6, %#$&, ina ve*tentl- in/l. e 2,- /(e/7in1 t(e ,"85 t(e f"ll"+in1 lan1.a1e The Defendant shall have No Contact with the victim and witnesses listed in the witness list attached to the Trial Information in this matter. IT IS THEREFORE ORDERED t(at t(e a,"ve9!enten/e t(at i! itali/i:e an in ,"l !(all ,e an i! !t*i/7en an *e)"ve f*") t(e "* e*. IT IS FURTHER ORDERED t(at in all "t(e* *e!0e/t!, t(e "* e* !(all *e)ain in f.ll f"*/e an effe/t. ORDER NUNC PRO TUNC Ca!e N". SRCR#$%&'&
State of Iowa Courts Type: Case Number SRCR012353 OTHER ORDER Case Title STATE VS JOSHUA JAMES SKIRVIN So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY Ca!e N". A#CR$%&'() STATE OF IOWA, Plaintiff, v. JOSHUA JAMES SKIRVIN, Defen ant. ORDER ON +OND REVIEW HEARIN# FECR$%&'(* SRCR$%&'('
T,i! -atte. /a-e 0ef".e t,e C"1.t f". a 0"n .evie2 ,ea.in3. T,e C"1.t, 14"n .evie2in3 t,e .e/". an 0ein3 a vi!e in t,e 4.e-i!e! FINDS an ORDERS efen ant5! 0"n i! !et at 6&,$$$.$$, /a!, ". !1.et7. IT IS FURTHER ORDERED t,at if efen ant i! .elea!e "n 0"n , t,e efen ant !,all a0i e 07 t,e f"ll"2in3 te.-! an /"n iti"n! "f .elea!e. %. T,e efen ant !,all ,ave n" /"nta/t 84e.!"nal ". "t,e.2i!e9, eit,e. i.e/tl7 ". in i.e/tl7, 2it, an7 "f t,e na-e :2itne!!e! ". alle3e vi/ti-! in FECR$%&'(*, A#CR$%&'(), an SRCR$%&'('. T,e C"1nt7 Att".ne7 !,all 4.e4a.e a !e/1.e atta/,-ent t" t,i! ". e. li!tin3 t,e na-e! an a .e!!e! "f t,e 4."te/te 2itne!!e! an vi/ti-! in ea/, "f t,e af".e-enti"ne /a!e!. &. T,e efen ant !,all 0een in!i e ,i! .e!i en/e 0et2een an ,"1.! "f %$;$$ 4- CST 1ntil (;$$ a.-. CST. '. T,e efen ant !,all n"t /"n!1-e an7 al/","l. *. T,e efen ant !,all n"t ,ave an7 f1.t,e. vi"lati"n! "f t,e la2. (. On/e file , t,e Cle.< !,all ta<e a 4a4e. /"47 t" t,e Sa/ C"1nt7 Jail 2it, in!t.1/ti"n! t,at it 0e 3iven t" efen ant 4.i". t" ,i! .elea!e. in/l1 in3 t,e
State of Iowa Courts Type: Case Number SRCR012353 AGCR012357 FECR012354 OTHER ORDER Case Title STATE VS JOSHUA JAMES SKIRVIN STATE VS JOSHUA JAMES SKIRVIN STATE VS JOSHUA JAMES SKIRVIN So Ordered
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JOSHUA J SKIRVIN , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 12, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Ms. Sara Smith. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24, 2013, at 9:00 a.m. ORDER FOR TRIAL Case No. 02811 SRCR012353
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY SARAH LIVINGSTON SMITH DISTRICT COURT ADMINISTRATOR
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State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN ORDER SETTING TRIAL So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Criminal Cause No. SRCR012353 Plaintiff, vs. MOTION for ORDER TO DISMISS Count I of Trial Information JOSHUA JAMES SKIRVIN, Defendant.
COMES NOW Plaintiff in the above entitled matter and pursuant to Iowa Rules of Criminal Procedure moves to dismiss Count I of the Trial Information the charge of HARASSMENT IN THE FIRST DEGREE, pursuant to Iowa Rule of Criminal Procedure 27(1) for the reason that pursuant to a plea agreement Defendant is pleading to three counts in another Sac County District Court matter, and that the interests of justice can best be attained by dismissal. It is the desire, of both parties, that this charge be dismissed with court costs in the amount of $100.00 and Court Appointed Attorney fees as filed with the State Public Defenders Office assessed to Defendant. WHEREFORE, Plaintiff PRAYS for an Order dismissing the charge and terminating the conditions of pretrial release.
/s/Benjamin John Smith Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: [email protected]
Original EDMS copy to: Defendants Attorney, Sarah Smith PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on October 22, 2013, by: [ ] U.S. Mail [ ] Fax [ ] Hand Delivered [ x] email [ ] Certified Mail [ ] Other-electronic Signature: /s/ Norma Hecht
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No: SRCR012353 Plaintiff, ORDER DIS#ISS !" Co$nt I of T%ial Info%&ation JOSHUA JAMES SKIRVIN, D'f'n(ant"
T)' Plaintiff*! #otion to Di!&i!! +o&'! ,'fo%' t)' Co$%t, an( t)' Co$%t )a-in. '/a&in'( t)' #otion an( t)' fil', FINDS t)at t)' +)a%.' !)o$l( ,' (i!&i!!'( 0$%!$ant to Io1a R$l' of C%i&inal P%o+'($%' 22314" IT IS THEREFORE ORDERED t)at t)' a,o-' 'ntitl'( +)a%.' ,', an( t)' !a&' i! )'%',5 (i!&i!!'( an( t)at t)' D'f'n(ant*! ,on( i! '/on'%at'(, an( all +on(ition! of %'l'a!'" T)i! o%('% (o'! not aff'+t an5 ot)'% ,on( o% +on(ition of %'l'a!' o% 0%o,ation o%('%'( $n('% ot)'% +o$nt!, if an5, fil'( in t)i! +a!'" IT IS FURTHER ORDERED t)at +o$%t +o!t! in t)' a&o$nt of 6100"00 a%' a!!'!!'( to D'f'n(ant" IT IS FURTHER ORDERED t)at +o$%t a00oint'( atto%n'5 f''! in t)' a&o$nt a00%o-'( ,5 t)' Stat' P$,li+ D'f'n('%*! Offi+' a%' a!!'!!'( to D'f'n(ant"
IT IS FURTHER ORDERED t)at D'f'n(ant !)all 0a5 all a&o$nt! 0%'-io$!l5 o%('%'( an( a&o$nt! o%('%'( in Sa+ Co$nt5 Di!t%i+t Co$%t +a!'! FECR012357 an( A8CR012352 ,5 0a5in. $75.00 per month to t)' Sa !o"nt# !$er% o& !o"rt 1it) 0a5&'nt! to ,'.in on t)' '(t )a# o& the month follo1in. t)i! o%('%, an( !)all +ontin$' on t)' '(t )a# of 'a+) &ont) $ntil 0ai( in f$ll" HO*EVER IF THE A+OVE ,A-MENT ,.AN DOES NOT RESU.T IN THE TOTA. O+.I/ATIONS +EIN/ ,AID *ITHIN 01 MONTHS OF THE DATE OF THIS JUD/MENT2 THE +A.AN!E IS DUE AT THAT TIME. De&en)ant 3( a)43(e) that 3& one pa#ment 3( m3((e)2 the ent3re o5$36at3on 5e ome( 3mme)3ate$# )"e.
State of Iowa Courts Type: Case Number SRCR012353 ORDER DISMISSING AT APPLICATION Case Title STATE VS JOSHUA JAMES SKIRVIN So Ordered
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