E-FILED 2014 JAN 29 1:10 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 29 2:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation ALEX ELLSWORTH MILLER Defendant Case No. 02811 FECR012491

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: BURLARY 3RD in violation of Section(s) 713.6A of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 02/10/2014 at 08:30 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).

DISTRICT COUKI OF I O W A SAC COUNTY '' FILED

20l FEB -3 P M |:28

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, Sac COUNTY Criminal Civil

NO.

^cmm)

Defendant/Respondent.

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name:/\l^ M i j l ^ r Home Phone: l!?-^[$~7.ftf> Street Address: Cell Phone: llZ'Zlfi'^ OH Apt # Birth Date: 7 A V ^ / E-mail:ryljIer^^^hnSJO^r/l-}^ )j>ri Zip
H

SOft L Park Si
Street/P.O. Box

fete; "4TL.
City

State

Pending charges: S w ^ J a / y ? Do you have a job? Of No Job Yes, Full Time Yes, Part Time (List Hours/week:

In Jail? Yes # N o )

Who do you work for?

NlPr
per hour month year
t

How much money do you currently make before taxes or deductions?

How much money have you made in the last 12 monthsfromany source, before taxes or deductions? JJ) _\QOO ? How many family members are supported by or live with you? ^_P
e r

Ifa spouse lives with you, how much money does your spouse make?

CI. hour month year

List all other money you, or anyone else living in your household, has coming in:

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

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

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 llim

Signature

llf^/lJfkUj^
Rev. 1/6/12

E-FILED 2014 FEB 04 8:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ALEX ELLSWORTH MILLER , DEFENDANT. 02811 FECR012491 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.

Attorney Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2014 FEB 04 8:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012491 Type: Case Title STATE VS ALEX ELLSWORTH MILLER ORDER APPOINTING So Ordered

Electronically signed on 2014-02-04 08:16:21

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E-FILED 2014 FEB 06 3:37 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 06 3:37 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 10 9:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012491 vs. ALEX ELLSWORTH MILLER , Defendant. INITIAL APPEARANCE

Charges: 01 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD) 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 $fine of not less than $750 nor greater than $7,500 plus 35% syrcharge 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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E-FILED 2014 FEB 10 9:25 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: Defendant 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 03/03/2014 at 9:00 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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E-FILED 2014 FEB 10 9:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012491 Type: Case Title STATE VS ALEX ELLSWORTH MILLER HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2014-02-10 09:26:16

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E-FILED 2014 FEB 11 3:00 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ALEX ELLSWORTH MILLER, DOB: 07/05/1994 Defendant. CRIMINAL CAUSE NO. FECR012491 TRIAL INFORMATION

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, Alex Ellsworth Miller of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Section 713.1, and 713.6A committed as follows: The said Defendant, Alex Ellsworth Miller, on or about September 29, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree upon the property of Warrens Service Inc. A TRUE INFORMATION

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

E-FILED 2014 FEB 11 3:00 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. ALEX ELLSWORTH MILLER Criminal No. FECR012491 COUNT: Burglary in the Third Degree

WITNESS LIST

NAMES OF WITNESSES: KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT WARREN EHRP, OWNER, WARREN'S SERVICE MARK FOWLER, EMPLOYEE, WARRENS SERVIE

E-FILED 2014 FEB 11 3:00 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012491 Approval of Trial Information Case Title STATE VS ALEX ELLSWORTH MILLER

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 2014-02-11 15:00:44

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E-FILED 2014 FEB 11 3:00 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs ALEX ELLSWORTH MILLER ,

Case No: 02811 FECR012491 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a conviction 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 is scheduled on 02/19/2014 at 11:00 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 such hearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment under 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 show cause 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 Attorney Defendant/Defense Attorney

State of Iowa Courts Type: Case Number FECR012491 ORDER FOR ARRAIGNMENT Case Title STATE VS ALEX ELLSWORTH MILLER So Ordered

Electronically signed on 2014-02-11 15:00:44

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