SEVIER COUNTY, STATE OF UTAH
STATE OF UTAH vs. KEVIN YARDLEY CASE NUMBER 021002274 Other Misdemeanor
CHARGES
Charge 1 - 76-9-702(1) - LEWDNESS - Class B Misdemeanor Offense Date: September 11, 2002
Location: SEVIER CTY, UT February 24, 2003 Guilty
Disposition: March 05, 2003 {Guilty}
CURRENT ASSIGNED JUDGE KENT NIELSEN
PARTIES
Plaintiff - STATE OF UTAH Represented by: DALE EYRE
Defendant - KEVIN YARDLEY Represented by: JOHN E HUMMEL
DEFENDANT INFORMATION
Defendant Name: KEVIN YARDLEY Date of Birth: October 26, 1961
Law Enforcement Agency: SEVIER CO SHERIFF Officer Name: OTHER OFFICER (NOT LISTED) Prosecuting Agency: SEVIER COUNTY
Violation Date: 09-11-2002
ACCOUNT SUMMARY
REVENUE DETAIL - TYPE: FINE
Original Amount Due: 0.00 Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2003-03-10 -1,000.00 Adjust of fine account
PROCEEDINGS
01-11-2002 Note: DEF APPEARED 12/11/02. DALE WAS CALLED ON AN EMERGENCY. IT WAS REQUESTED THAT WE RESCHEDULE THE CASE TO 1/8/03 AT 8:00 AM. DEF WAS GIVEN NOTICE. FOLLOW: TRIAL 01/08/2003
09-10-2002 ARRAIGNMENT scheduled on October 02, 2002 at 09:30 AM in SEVIER CO COURTROOM with Judge KENT NIELSEN
09-10-2002 Filed: Citation
09-10-2002 Judge KENT NIELSEN assigned.
09-10-2002 Note: DEFAULT TRACKING CODE FOLLOW: WARRANT 10/02/2002 09-10-2002 Note: LEWDNESS 300.00
09-10-2002 Note: STATE SURCHARGE-CRIMINAL 255.00
09-10-2002 Note: CASE ENTERED UPON FORMAL INFORMATION FROM DON BROWN. SUMMONS SIGNED BY THE JUDGE, COPIES GIVEN TO DON BROWN, CTY ATTY TO HAVE SERVED.
09-10-2002 Note: COURT DATE ASSIGNED Type: ARRAIGNMENT Date: 10/02/2002 Time: 9:30am
10-02-2002 Note: DEFENDANT (DEF) IN COURT(CRT). DEF HAD RECEVIED
INFORMATION. INFORMATION READ ALOUD IN CRT BY JUDGE. PENALTIES & RIGHTS EXPLAINED. DEF HAD NO QUESTIONS. DEF REQ PUB DEF. DEF GIVEN JOHN HUMMEL. JOHN HU
10-02-2002 Note: MMEL & DALE EYRE IN CRT. DEF TO RETURN 11-6-02 @ 8:30 AM UNLESS THIS MATTER HAS BEEN RESOLVED
10-02-2002 Note: PRIOR TO THIS DATE. DON BROWN IS TAKING CARE OF THIS CASE.
10-03-2002 Cancelled: PLEA scheduled on November 06, 2002 at 08:30 AM in SEVIER CO COURTROOM with Judge KENT NIELSEN
10-03-2002 Cancelled: PLEA scheduled on November 06, 2002 at 08:30 AM in SEVIER CO COURTROOM with Judge KENT NIELSEN
10-03-2002 Note: ORDER APPOINTING COUNSEL ISSUED
10-03-2002 Note: COURT DATE ASSIGNED Type: PLEA Date: 11/06/2002 Time: 8:30am FOLLOW: HUMMEL 11/06/2002
10-04-2002 PRECONFERENCES scheduled on November 13, 2002 at 08:30 AM in SEVIER CO COURTROOM with Judge KENT NIELSEN
10-04-2002 Note: ORDER APPOINTING COUNSEL ISSUED 10-04-2002 Note: NOTICE OF RESCHEDULE ISSUED
10-04-2002 Note: COURT DATE ASSIGNED Type: PRECONFERENCES Date: 11/13/2002 Time: 8:30am FOLLOW: HUMMEL 11/13/2002 10-04-2002 Note: ORDER APPOINTING COUNSEL & NOTICE OF RESCHEDULE MLD TO
DEF, JOHN HUMMEL & DALE EYRE.
10-07-2002 Note: RCVD PROOF OF SERVICE ON THIS SUMMONS FOR 9/18/02, SERVED TO DEF.
10-08-2002 Note: RCVD ARREST SUMMARY REPORT.
11-27-2002 PRECONFERENCES scheduled on December 11, 2002 at 08:00 AM in SEVIER CO COURTROOM with Judge KENT NIELSEN
11-27-2002 Cancelled: TRIALS scheduled on January 23, 2002 at 01:00 PM in SEVIER CO COURTROOM with Judge KENT NIELSEN
11-27-2002 Cancelled: TRIALS scheduled on January 23, 2002 at 01:00 PM in SEVIER CO COURTROOM with Judge KENT NIELSEN
11-27-2002 Note: PRETRIAL NOTICE ISSUED
11-27-2002 Note: COURT DATE ASSIGNED Type: PRECONFERENCES Date:
12/11/2002 Time: 8:00am FOLLOW: SCHEDCONF 12/11/2002 11-27-2002 Note: NOTICE OF TRAIL ISSUED
11-27-2002 Note: COURT DATE ASSIGNED Type: TRIALS Date: 01/23/2002 Time: 1:00pm FOLLOW: TRIAL 01/23/2003
01-08-2003 TRIALS scheduled on February 20, 2003 at 01:00 PM in SEVIER CO COURTROOM with Judge KENT NIELSEN
01-08-2003 Note: DALE EYRE & JOHN HUMMEL IN COURT WITH DEFENDANT. JOHN REQUESTED TO SEE VIDEO - TO SEE VENUE & WHEN IT HAPPENED. DEF HAS A CIVIL CASE UP NORTH, VIDEO MAY SHOW OTHER PEOPLE AND REFER TO DATES.
01-08-2003 Note: DEFENCE REQUESTED VACATE TRIAL DATE TO MARCH 2003. DISCOVERY IN THIS CASE IS THICK, ALSO REQUEST FOR DISCOVERY -(VIDEO). DEFENSE THINKS A LARGE PORTION IS MISSING. DALE STATED THE ATTORNEY GENERAL'S
01-08-2003 Note: OFFICE HAS DISCOVERY.
01-08-2003 Note: DALE STATED DEFENCE HAS THE VIDEO ON THIS CHARGE. VENUE NOT A PROBLEM - AURORA. AND DISCOVERY HAS BEEN SUBMITTED. STATE AGREED TO RELEASE TAPE EXCEPT FOR PORTION INCLUDING DEF'S WIFE BEFORE THE END O
01-08-2003 Note: F NEXT WEEK.
01-08-2003 Note: TRIAL CONTINUED TO 2-20-03 AT 1 PM.
01-08-2003 Note: COURT DATE ASSIGNED Type: TRIALS Date: 02/20/2003 Time: 1:00pm
02-20-2003 Note: DEF IN COURT W/JOHN HUMMEL AND DALE EYRE. FORMAL INFORMATION READ ALOUD IN COURT BY JUDGE. STATE AND DEFENCE WAIVED OPENING STATEMENTS. OFFICER DELBERT LOYD CALLED AS STATE'S WITNESS. OFFICER LOYD WAS
02-20-2003 Note: SWORN TO TELL THE TRUTH AND TOOK WITNESS STAND.
02-20-2003 Note: WITNESS QUESTIONED BY THE STATE. VIDEO SHOWN TO JUDGE, STATE, DEFENSE AND WITNESS. STATE PRESENTED EXHIBIT A, 4 PHOTOS FROM VIDEO SHOWN ON TV SCREEN. EXHIBIT B, 2 PHOTOS OF SCENE TAKEN BY OFFICER LLOY
02-20-2003 Note: D.
02-20-2003 Note: EXHIBIT C, VIDEO TAPE OF LEWDNESS. STATE RESTED. DEFENSE QUESTIONED WITNESS. DEFENSE OBJECTED TO EXHIBIT C. OBJECTION WAS OVERRULLED . WITNESS QUESTIONED BY STATE. STATE AND DEFENSE RESTED.
STATEMENTS. STATE GAVE CLOSING STATEMENTS. JUDGE TO RENDER HIS DECISION AT A LATER DATE.
02-24-2003 Charge 1 Disposition is Guilty Plea 02-24-2003 Charge 1 Plea is Guilty
02-24-2003 Note: GUILTY PLEA - LEWDNESS OFF:10170
02-27-2003 Note: NOTICE OF JUDGMENT AND SENTENCING DRAWN UP FOR 3/5/03 AT 8:30 A.M. NOTICE SIGNED BY THE JUDGE, COPY FAXED & MLD TO J. HUMMEL & ONE TO DALE EYRE. FOLLOW: SENTENCE 03/05/2003
03-04-2003 Note: RCVD NOTICE OF APPEAL AND NOTICE OF SUBSTITUTION OF COUNSEL. PER JUDGE, DEF MUST BE SENTENCED BEFORE CASE CAN BE APPEALED. LEAVE SET FOR SENTENCE.
03-05-2003 Charge 1 Disposition is {Guilty} 03-05-2003 Fine Account created Total Due: 0.00 03-05-2003 Fine Account created
03-05-2003 Note: DEF IN COURT W/JOHN HUMMEL. DALE EYRE & DON BROWN IN COURT. DEF HAS HIRED AN ATTORNEY BUT JOHN HUMMEL TO REPRESENT DEF UNTIL SENTENCING. STATE GAVE COPY OF SUMMARY OF OTHER SCENES FROM THE VIDEO TO DE
03-05-2003 Note: F AND JUDGE. STATE RECOMMENDED JAIL OF 6 MONTHS AND FINE OF $555 AND REVIEW CASE IN 90 DAYS.
03-05-2003 Note: ALSO MENTAL HEALTH EVALUATION AT JAIL. JOHN H. STATED THIS HAPPENED IN 1999. SOMEONE TOOK THE VIDEO FROM DEF'S HOME, MADE COPIES & DISTRIBUTED IT. DEF HAS BEEN TAKING THEROPY FOR OVER A YEAR.
03-05-2003 Note: STATE STATED CASE WAS FILED BECAUSE ATTORNEY GENERAL'S OFFICE STATED DEF DISTRIBUTED TAPE AND IT WAS TO BE FILED IN THIS COURT.
03-05-2003 Note: THE STATE RECOMMENDED THE MAXIMUM PENALTY ALLOWED. DEF SENTCD TO 6 MO JAIL AND FINE & SURCH OF $1850 WITH THE JAIL TIME STAYED BECAUSE OF APPEAL TO DISTRICT COURT. THE APPEAL IS TO BE ACCEPTED. JOHN H
03-05-2003 Note: UMMEL WITHDREW FROM THE CASE AND DEF HAD NO QUESTIONS. 03-05-2003 Note: SENTENCED - LEWDNESS OFF:10170 1000.00
03-05-2003 Note: STATE SURCHARGE-CRIMINAL 850.00 03-10-2003 Adjust Fine Total Due: 0.00
Reason: Adjust of fine account
03-10-2003 Note: COURT DECISION APPEALED/D-C - LEWDNESS OFF:10170
03-10-2003 Note: ORIGINAL FILE MLD TO DISTRICT COURT. COPIES MADE FOR OUR COURT. FOLLOW: JUDGE 09/10/2003
03-10-2003 Note: CASE WRITEOFF -1000.00
03-10-2003 Note: STATE SURCHARGE-CRIMINAL -850.00
04-10-2003 Note: DON BROWN REQUESTED WRITTEN JUDGMENT LETTER FROM THE COURT. LETTER DRAWN UP, SIGNED BY THE JUDGE, COPIES MLD TO DST CRT, DON BROWN, DALE EYRE, BLAKE NAKAMURA (DEF'S ATTY) & DEF, KEVIN YARDLEY.
