E-FILED 2013 JUL 01 2:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 01 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 AGCR012346 vs. TYREL LYNN BROUCHOUS , Defendant. INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE

Charges: 01 - 124.401(5)C - POSS OF A CONTROLLED SUBSTANCE-MARIJUANA-3RD OR SUBSQ (AGMS) 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 2 Years Prison And/Or $5000.00 You will lose your driver's license for a period of days.
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E-FILED 2013 JUL 01 11:02 AM SAC - CLERK OF DISTRICT COURT

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. 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: (1) You must not use any alcohol or illegal drugs during the pendency of this matter. (2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL 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 01 11:02 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012346 Type: Case Title STATE VS TYREL LYNN BROUCHOUS HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-01 11:02:02

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, DOB: 08-05-1991 Defendant. TRIAL INFORMATION Case No. AGCR012346

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, Tyrel Lynn Brouchous (defendant) of the crime of POSSESSION OF A CONTROLLED SUBSTANCE THIRD OFFENSE, a Class D Felony in violation of Iowa Code section 124.401(5), committed as follows: On or about July 1, 2013, the defendant knowingly or intentionally possessed marijuana, which is a controlled substance, and the defendant knew that the substance he possessed was marijuana, and defendant has one prior conviction for possession of marijuana, a controlled substance, and another prior conviction for possession of methamphetamine, also a controlled substance. (Sac County District Court Case Nos. AGCR012065, FECR012100)

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 JUL 31 11:42 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012346 Approval of Trial Information Case Title STATE VS TYREL LYNN BROUCHOUS

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 2013-07-31 11:43:04

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E-FILED 2013 JUL 31 9:32 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. ATTACHMENT TO TRIAL INFORMATION: WITNESS LIST Case No. AGCR012346

TORY CUDABACK, Deputy, Sac County Sheriffs Office JOEL BURNS, Deputy, Sac County Sheriffs Office MARK HEINO, Marijuana Examiner, Carroll Police Department DONNA GERRY, Clerk of Court, Sac County Iowa District Court

E-FILED 2013 JUL 31 11:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. AGCR012346 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. TYREL LYNN BROUCHOUS, 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 13th 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: [ ] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation and provide it to the Court. Failure to do so may result in the revocation of Defendants Pre Trial Release.

State of Iowa Courts Type: Case Number AGCR012346 ORDER FOR ARRAIGNMENT Case Title STATE VS TYREL LYNN BROUCHOUS So Ordered

Electronically signed on 2013-07-31 11:43:04

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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF VS. NO APPLICATION TO WAIVE ATTORNEY AND PROCEED (PRO SE) DEFENDANT

2 D 13 AUG 13 AM 9 : 2 !

In support of my application to waive attorney I state: I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses. 2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me. 3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice. 4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney. 1.

Dated this

Defendant

DiSTRtCr COUK'J UF |0W/. SAC COUNTY FILED

13 AH 9: 2j
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plain tiffyPetitioner, vs. Defendant/Respondent. No. FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL Sac . COUNTY Criminal CivU

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: T ^ g l Home Phone: Street Address: Street/P.O. Box Pending charges: j9 6f? 5 Do you have a job?
<?S'<7A/

N M

h V b M. C ^ 0 (A 5 Cell Phone: 1 1 0 $ Apt #

Birth Date: . 79 0 E-mail:

SOLC.
City O Yes, Part Time (List Hours/week:

^AState

Wfi
Zip

In Jail? ^ Y e s [ / N O )

S No Job V

Yes, Full Time

Who do you work for? How much money do you currently make before taxes or deductions? per hour month year 0

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? Q;

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:

per hour month year

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: .

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

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. Date Signature / j K f f l ^ A ^
Rev. 1/6/12

E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Defendant's Arraignment will be rescheduled to August 27, 2013, at 9:00 a.m. in the Sac County Courthouse, Sac City, Iowa. Attorney Peter Goldsmith is appointed to represent Defendant. The Defendant and his attorney shall appear before the Court unless a Written Arraignment has been filed. If the Defendant fails to appear before this Court as ordered, a warrant may issue for his arrest. ORDER FOR CONTINUANCE AND APPOINTING ATTORNEY Case Nos. AGCR012346

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER GOLDSMITH

E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012346 OTHER ORDER Case Title STATE VS TYREL LYNN BROUCHOUS So Ordered

Electronically signed on 2013-08-21 11:37:51

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E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Defendant's Arraignment will be rescheduled to August 27, 2013, at 9:00 a.m. in the Sac County Courthouse, Sac City, Iowa. Attorney Peter Goldsmith is appointed to represent Defendant. The Defendant and his attorney shall appear before the Court unless a Written Arraignment has been filed. If the Defendant fails to appear before this Court as ordered, a warrant may issue for his arrest. ORDER FOR CONTINUANCE AND APPOINTING ATTORNEY Case Nos. AGCR012346

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER GOLDSMITH

E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012346 OTHER ORDER Case Title STATE VS TYREL LYNN BROUCHOUS So Ordered

Electronically signed on 2013-08-21 11:37:51

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E-FILED 2013 AUG 29 10:16 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, 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. AGCR012346

CLERK TO FURNISH COPIES TO: Sac County Attorney Defendants Attorney Peter Goldsmith

E-FILED 2013 AUG 29 10:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012346 ORDER FOR ARRAIGNMENT Case Title STATE VS TYREL LYNN BROUCHOUS So Ordered

Electronically signed on 2013-08-29 10:16:25

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E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TYREL LYNN BROUCHOUS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 29, 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 Peter Goldsmith. 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. ORDER FOR TRIAL Case No. 02811 AGCR012346

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. CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY

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E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT

PETER ANDREW GOLDSMITH DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012346 Type: Case Title STATE VS TYREL LYNN BROUCHOUS ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-09-03 09:23:52

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E-FILED 2013 SEP 05 8:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No: AGCR012346 Plaintiff, vs. TYREL LYNN BROUCHOUS, Defendant. THE COURT FINDS Trial in the above captioned matter has been set for October 2, 2013; therefore, IT IS THE ORDER OF THIS COURT: 1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 3:00 p.m. on the 24th day of September 2013, at the Sac County Courthouse, Sac City, Iowa, to consider: a. Possibility of settlement and b. Matters to expedite the trial. 2. Cases which are going to be settled if at all possible at or before the pretrial so that the trial assignment will not be clogged with cases which are not going to be tried. 3. 4. Defendant shall personally appear. If the Pre-Trial Conference time does not work for defense counsel, contact the County Attorney for another time. ORDER SET DATE FOR PRETRIAL CONFERENCE

Original filed EDMS, Copies by EDMS to:

Benjamin John Smith, Sac County Attorney Peter Goldsmith, Defendants Attorney

E-FILED 2013 SEP 05 8:08 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012346 ORDER FOR PRETRIAL CONFERENCE Case Title STATE VS TYREL LYNN BROUCHOUS So Ordered

Electronically signed on 2013-09-05 08:08:06

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