Des Moines Man Convicted of Theft in The Third Degree

E-FILED 2013 OCT 28 10:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA
Plaintiff

vs

CHAD R SEXTON
Defendant

Case No. 02811 FECR012446

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
THEFT 1ST DEGREE
BURGLARY 3RD DEGREE
in violation of Section(s) 714.2(1) AND 713.6A of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
11/04/2013 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).
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

CHAD R SEXTON ,
Defendant.

Case No: 02811 FECR012446

INITIAL APPEARANCE

Charges:
01 - 714.2(1) - THEFT 1ST DEGREE - 1978 (FELC)
02 - 713.6A(1) - BURGLARY 3RD DEGREE (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 C and 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
15 Years Prison
And/Or $Fines of not less than $1,750 nor more than $17,500 plus 35% surcharge and
court costs

1 of 3
E-FILED 2013 NOV 04 8:52 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:
You must obey all laws of Iowa and the United States. You must appear at all scheduled court
appearances.

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 11/25/2013 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
2 of 3
State of Iowa Courts
Case Number Case Title
FECR012446 STATE VS CHAD RUSSELL SEXTON
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-11-04 08:51:30
3 of 3
IN THE IOWA DISTRICT COURT FOR
Sac
9:03
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
Defendant/Respondent.
Criminal CivU
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOI NTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: f ^ U b A ^ ^ y l o ^ Birth Date: 0~? - 11 ' f J 7 2 ,
Home Phone: Cell Phone: $/J~- f ?V - 7f 5*7 E-mail: ^mcf-ûJc Uxs-e^T^+yofav.
Street Address: ?et>0 t4&V llfa^tf A f j - }
Street/P.O. Box
Pending charges: 9& /"f J*-y 4- tf~h-<e^Q4-~
1J-
Apt# City State Zip
In Jail? Yes fisô 7*C
Do you have a job? No Job Yes, Full Time (2) Yes, Part Time (List Hours/week: TO )
Who do you work for? S V W f (rvor^r-
<
xz*6*-ru
l
/
l / b>*k*\ ' f e "
r
Q v H T l ^
How much money do you currently make before taxes or deductions? ffi per f^T hour month year
How much money have you made in the last 12 months from any source, before taxes or deductions?^Jjy 00 0 X/ oLa*^ ~ts
How many family members are supported by or live with you? \Jp
If a spouse lives with you, how much money does your spouse make?
yjc.
per 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: f c Câ-y ^/o '
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 3 Signature
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.

CHAD R SEXTON ,

DEFENDANT.

02811 FECR012446

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 between 125% and 200% of the guidelines, not appointing would cause
financial hardship.

Attorney Mark J. Rasmussen, 105 E. Lincolnway, PO Box 70, Jefferson, IA 50129 Ph:
515-386-3399, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
v.
CHAD RUSSELL SEXTON,
DOB: 07-14-1972
Defendant.
CASE NO. FECR012446

TRIAL INFORMATION

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, CHAD RUSSELL SEXTON (defendant) of the crime of THEFT IN
THE FIRST DEGREE, a Class C Felony in violation of Iowa Code Sections
714.1(1), 714.2(1), and 714.3, committed as follows: On or about July 1, 2013, in
Sac County, Iowa, the defendant took possession or control of a 2001 S10
Chevrolet pickup truck having attached to it a specialized delivery box, laptop
computer, misc. tools, a safe, and over $100.00 cash (collectively, property),
the aggregate value of the property exceeding $10,000. The defendant took
possession of the property with the intent to deprive the victim, Iowa Automotive
Machine and Supply of Sac City, Iowa (victim), of the same. The property, at
the time of the taking, belonged to, and / or was in the possession of the victim.

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, CHAD RUSSELL SEXTON (defendant) of the crime of BURGLARY
IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Sections
713.1, 713.3, 713.5, 714.3, and 713.6A, committed as follows: On or about July
1, 2013, in Sac County, Iowa, the defendant entered an occupied structure Iowa
Automotive Machine and Supply in Sac City, Iowa (1705 West Main Street, Sac
City, Iowa) (structure), which defendant had permission to enter. The defendant
remained in the structure after his right, license, or privilege to be in the structure
expired or the defendant did not have permission or authority to break into the
E-FILED 2013 NOV 14 2:26 PM SAC - CLERK OF DISTRICT COURT
structure The defendant did so with the specific intent to commit a felony and / or
theft once inside the structure.

A TRUE INFORMATION

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

Type: Approval of Trial Information
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 2013-11-14 14:26:09 page 3 of 3
STATE OF IOWA,
Plaintiff,
v.
Defendant.
CASE NO. FECR012446

ATTACHMENT TO TRIAL
INFORMATION: WITNESS LIST

JOHN THOMSEN
MARK JANSMA
LEONARD SIMPSON
CRAIG STORK
CUSTODIAN OF RECORDS
VERIZON WIRELESS CUSTODIAN OF RECORDS
CITIZENS BANK CUSTODIAN OF RECORDS
DAVE SCHNOEBELEN



STATE OF IOWA,
Plaintiff,
v.
Defendant.
CASE NO. FECR0!""#

ORDER APPRO$IN% TRIAL
INFOR&ATION AND SETTIN%
ARRAI%N&ENT AND 'OND

T(e TRIAL INFOR&ATION and t(e &INUTES OF E$IDENCE in t(i) *atte+
(ave ,een e-a*ined and f./nd t. 0.ntain )/ffi0ient eviden0e, if /ne-1lained, t.
2a++ant a 0.nvi0ti.n in a t+ial ,3 4/+3, t(e+ef.+e, t(i) *atte+ )(all ,e )et f.+
A++ai5n*ent.

IT IS HERE'Y ORDERED, t(e defendant )(all 1e+).nall3 a11ea+ f.+
A++ai5n*ent at t(e Sa0 C./nt3 C./+t(./)e, Di)t+i0t C./+t+..*, 00 NW State
St+eet, Sa0 Cit3, I.2a .n t(e DECEMBER 2, 2013, AT 9:00 AM. T(e Defendant
i) HERE'Y NOTIFIED t(at fail/+e t. a11ea+ 2ill +e)/lt in t(e i))/an0e .f an a++e)t
2a++ant.

IT IS FURTHER ORDERED, t(e Defendant6) ,.nd and 0.nditi.n) f.+ +elea)e
f+.* 0/)t.d3 in t(i) *atte+ )(all ,e7 '.nd 1+evi./)l3 )et )(all 0.ntin/e and t(e
defendant )(all .,e3 all Fede+al, State, and L.0al la2).
Type: ORDER FOR ARRAIGNMENT
So Ordered
2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.

CHAD R SEXTON ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
November 21, 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 Mark Rasmussen.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on January 28, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014
at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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.

1 of 3
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
MARK JAMES RASMUSSEN
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.

CHAD R SEXTON ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
November 21, 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 Mark Rasmussen.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on January 28, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014
at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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.

1 of 3
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
MARK JAMES RASMUSSEN
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA CRIMINAL CAUSE NO. FECR012446
Plaintiff,
vs.
STATEMENT OF PECUNIARY LOSS
Defendant.
COMES NOW Benjamin John Smith, Sac County Attorney as prosecuting attorney for the State of Iowa,
and states to the Court: The victim requests that restitution be ordered in the above-captioned cause; as
shown below and/or on the attached sheets.
Joint and Several Co-Defendants: Ian Sexton FECR012447
Victim Name/Address: Amount
CAR QUEST/ IOWA AUTO
1705 WEST MAIN STREET
SAC CITY IA 50583 Total for this Victim: $1997.12
Type of Loss Amt of Loss Deductible Restitution Amt
Financial Damages $ $ $
Lost Wages $ $ $
Property Damages $ $1500 $1500.00
Miscellaneous
Damages
$497.12 $ $ 497.12
Total Restitution to be Ordered: $1,997.12
/s/Benjamin John Smith
Benjamin John Smith, Sac County Attorney
Sac County Courthouse 100 NW State St., Suite 9
Sac City IA 50583
Phone: (712) 662-4791 Fax: (712) 662-4123
copy to: Defendant
Defendants Attorney
Corrections/Correctional Services, if applicable
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all
parties to the above cause by:
[x ] Depositing in the U.S.Mail, postage prepaid, in
envelopes addressed to each of the attorney/s parties
of record as disclosed on the pleadings
[x ] Electronic Mail
[x] EMDS
on January 28, 2014
by /s/Norma Hecht
E-FILED 2014 JAN 28 6:43 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA, No. FECR012446
Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION Count I
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:
Count I: THEFT IN THE THIRD DEGREE-- EXERCISE CONTROL OVER
STOLEN PROPERTY EXCEEDS $500 UNDER $1000, an Aggravated
Misdemeanor in violation of Iowa Code Sections 714.1(4) and 714.2(3).
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
AT0008834
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Copy to: 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 January 28, 2014by:
[ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ x] Electronic mail
[ ] Certified Mail [ ] EDMS
Signature: /s/Norma Hecht
STATE OF IOWA, CRIMINAL CAUSE NO. FECR012446
Plaintiff, AMENDED
vs. TRIAL INFORMATION- Count I
DOB: 07/14/1972
Defendant.
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, Chad Russell Sexton of
the crime of THEFT IN THE THIRD DEGREE, -- EXERCISE CONTROL OVER STOLEN
PROPERTY EXCEEDS $500 UNDER $1000 an Aggravated Misdemeanor in violation of
Iowa Code Sections 714.1(4), and 714.2(3) committed as follows:
The said Defendant, Chad Russell Sexton, on or about July 1, 2013, in the County of
Sac and State of Iowa, did unlawfully and willfully exercise control over stolen property, to-wit:
Property belonging to Iowa Auto in Sac City, having a value in excess of $500 but less than
$1,000; while knowing or having reasonable cause to believe that the property was stolen.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
AT0008834
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123


STATE OF IOWA, No. FECR012446
Plaintiff,
ORDER PERMITTING
vs. AMENDED TRIAL
INFORMATION Co!nt I
D"f"n#ant.

T$" %att"& of t$" Stat" of Io'a() R"*!")t fo& L"a+" of Co!&t to A%"n# T&ial
Info&%ation ,o%") on -"fo&" t$" Co!&t an# t$" Co!&t !.on "/a%ination of t$" fil") an#
&",o&#) $"&"in fin#) t$at t$" a%"n#%"nt 'ill not %at"&iall0 ,$an1" t$" i))!") no& 'o&2
an0 $a&#)$i.) on t$" D"f"n#ant, an# t$at )ai# T&ial Info&%ation a) a%"n#"# $a) -""n
"/a%in"# -0 %" an# fo!n# to ,ontain )!ffi,i"nt "+i#"n,", if !n"/.lain"#, to 'a&&ant a
,on+i,tion) -0 a t&ial 3!&04 t$" filin1 of t$i) a%"n#"# T&ial Info&%ation i) $"&"-0
a..&o+"#.

Type: OTHER ORDER
So Ordered
E-FILED 2014 FEB 19 9:30 AM SAC - CLERK OF DISTRICT COURT
THE !OWA D!STR!CT COURT FOR SAC COUNTY

STATE OF !OWA, )
) CR!N. NO. FECR012++6
Plaintiff, )
) ORDER ACCEPT!NG PLEA
vs. ) AND JUDGNENT ENTRY
)
CHAD RUSSELL SEXTON, ) Charge - Theft in the Third Degree,
) an Aggravated Nisdemeanor, as amended
Defendant. ) Sections - 71+.1(+) and 71+.2(3)

NOW on the 19
th
day of February, 201+, the defendant submits his verified written Plea
of Guilty. The defendant is charged with Theft in the Third Degree, an Aggravated
Nisdemeanor, in violation of Sections 71+.1(+) and 71+.2(3) of the !owa Code. The State
appears by Sac County Attorney, Ben Smith. The Defendant waives his personal appearance
and appears by counsel, Nark Rasmussen.
The written plea of guilty shows that the defendant's plea is voluntary, being freely and
intelligently made, with an understanding of the charge, with knowledge of the penal
consequences of the plea, with full knowledge of his constitutional rights, and that said rights
are waived by a plea of guilty, without any threats, improper inducements or persuasion, and
the Court finds there is a factual basis for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of his rights
contemplated in the cases of State v. Sisco, 169 N.W.2d 5+2; Brainard v. State, 222 N.W.2d
711; and State v. Reaves, 25+ N.W.2d +88, all as shown in the defendant's written plea of
guilty, which plea is made a part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
The defendant indicates his understanding of his right to additional time and the right to
file a Notion in Arrest of Judgment and the necessity of doing so at least five days prior to the
date set for sentencing and indicates his voluntary waiver of those rights and his desire to
proceed immediately to sentencing. The Court, finding the defendant's waivers are voluntary
and made with an understanding of his rights, accepts the waivers and proceeds to entry of
judgment. The defendant's counsel indicates he knows of no legal cause why judgment and
sentence should not be pronounced.
The Defendant is adjudged guilty of the offense of Theft in the Third Degree, an
Aggravated Nisdemeanor, in violation of Sections 71+.1(+) and 71+.2(3), !owa Code.
The Defendant is sentenced to pay a fine in the sum of $625.00, plus a 35 surcharge,
a $125.00 Law Enforcement !nitiative Surcharge, the court costs of this action and attorneys
fees as certified by Nr. Rasmussen. Defendant shall further pay restitution in the sum of
$1,997.12 in favor of !owa AutofCar Quest.
Defendant shall pay these financial obligations to the Clerk of Court of this county or
online at www.iowacourts.gov. Defendant shall make payments by way of a plan of payment
developed by his probationary supervisor.
The Defendant is further sentenced to be committed to the custody of the Director of the
Division of Adult Corrections for a term not to exceed two years. Defendant is given credit for
any time served following his arrest on this charge. This sentence is suspended in its entirety
and Defendant is placed on probation to the Second Judicial District Department of Correctional
Services for a term of two years. Conditions of probation are as follows:
1. Defendant shall report to the Second Judicial District Department of Correctional
Services within 7 days of today's date to sign up for probation supervision.
2. Defendant shall pay a probation enrollment fee, the fine, surcharges, restitution,
costs and fees by way of a plan of payment developed by his probation officer.
3. Defendant shall obey all laws.
+. Defendant shall follow any other probation rules developed by his probation
supervisor.
The reasons for this sentence include the following: Defendant's age; prior criminal
history; attitude toward rehabilitation; facts and circumstances of this case; family and
employment circumstances; need for protection of the community and deterrent impact upon
Defendant and others similarly situated.
Any bond money previously posted is released and exonerated.
Appeal bond is set in the sum of $2,000.00.
!T !S FURTHER ORDERED that Count !! of the Trial !nformation is dismissed upon motion
of the county attorney and pursuant to plea agreement. Costs are taxed to Defendant and shall
be paid to the Clerk of Court.

COP!ES TO:
County Attorney
Defense Attorney
Second Judicial District Department of Correctional Services
Type: OTHER ORDER
So Ordered

Des Moines Man Convicted of Theft in The Third Degree

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E-FILED 2013 OCT 28 10:35 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 28 10:36 AM SAC - CLERK OF DISTRICT COURT

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