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.
Original Description:
Original Title
Des Moines Man Convicted of Theft in the Third Degree
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 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.
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
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). E-FILED 2013 OCT 28 11:03 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
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 E-FILED 2013 NOV 04 8:52 AM SAC - CLERK OF DISTRICT COURT 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 E-FILED 2013 NOV 04 8:52 AM SAC - CLERK OF DISTRICT COURT 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-^uJc 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 fis^o 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 C^a-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 E-FILED 2013 NOV 04 9:56 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON Type: ORDER APPOINTING So Ordered Electronically signed on 2013-11-04 09:55:48 2 of 2 E-FILED 2013 NOV 04 9:56 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY 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
E-FILED 2013 NOV 14 2:26 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON 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 E-FILED 2013 NOV 14 2:26 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CHAD RUSSELL SEXTON, 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
E-FILED 2013 NOV 14 10:38 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, Plaintiff, v. CHAD RUSSELL SEXTON, 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). E-FILED 2013 NOV 14 2:26 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON So Ordered Electronically signed on 2013-11-14 14:26:10 page 2 of 2 E-FILED 2013 NOV 21 8:57 AM SAC - CLERK OF DISTRICT COURT 2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
CHAD R SEXTON ,
DEFENDANT.
Case No. 02811 FECR012446
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 E-FILED 2013 NOV 22 11:14 AM SAC - CLERK OF DISTRICT COURT CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY MARK JAMES RASMUSSEN 2 of 3 E-FILED 2013 NOV 22 11:14 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2013-11-22 11:14:32 3 of 3 E-FILED 2013 NOV 22 11:14 AM SAC - CLERK OF DISTRICT COURT 2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
CHAD R SEXTON ,
DEFENDANT.
Case No. 02811 FECR012446
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 E-FILED 2013 NOV 22 11:14 AM SAC - CLERK OF DISTRICT COURT CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY MARK JAMES RASMUSSEN 2 of 3 E-FILED 2013 NOV 22 11:14 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2013-11-22 11:14:32 3 of 3 E-FILED 2013 NOV 22 11:14 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA CRIMINAL CAUSE NO. FECR012446 Plaintiff, vs. STATEMENT OF PECUNIARY LOSS CHAD RUSSELL SEXTON, 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 Email: attorney@saccounty.org 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 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. FECR012446 Plaintiff, REQUEST FOR LEAVE OF vs. COURT TO AMEND TRIAL INFORMATION Count I CHAD RUSSELL SEXTON, 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. /s/Benjamin John Smith Prosecuting Attorney 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: attorney@saccounty.org 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 E-FILED 2014 JAN 28 6:46 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012446 Plaintiff, AMENDED vs. TRIAL INFORMATION- Count I CHAD RUSSELL SEXTON, 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 $1,000; while knowing or having reasonable cause to believe that the property was stolen. A TRUE INFORMATION /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org E-FILED 2014 JAN 28 6:46 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, No. FECR012446 Plaintiff, ORDER PERMITTING vs. AMENDED TRIAL INFORMATION Co!nt I CHAD RUSSELL SEXTON, D"f"n#ant.
T$" %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+"#.
E-FILED 2014 JAN 29 2:37 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON So Ordered Electronically signed on 2014-01-29 14:37:29 page 2 of 2 E-FILED 2014 JAN 29 2:37 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 FEB 19 9:30 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 FEB 19 9:30 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 FEB 19 9:30 AM SAC - CLERK OF DISTRICT COURT 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. E-FILED 2014 FEB 19 11:15 AM SAC - CLERK OF DISTRICT COURT 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 E-FILED 2014 FEB 19 11:15 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title FECR012446 STATE VS CHAD RUSSELL SEXTON So Ordered Electronically signed on 2014-02-19 11:15:06 page 3 of 3 E-FILED 2014 FEB 19 11:15 AM SAC - CLERK OF DISTRICT COURT