FECR012447 - Minnesota Man Pleads Guilty To Aggravated Misdemeanor 3rd Degree Theft PDF

E-FILED 2013 OCT 28 10:40 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWA
Plaintiff
Case No. 02811 FECR012447
vs
Summons or Citation
IAN CARTER SEXTON
Defendant
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 NOV 04 9:46 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 FECR012447
Plaintiff,
v.
ORDER
IAN CARTER SEXTON ,
Defendant.
Defendant was summoned to appear on this date at 8:30 a.m. but did not. The clerk shall issue a
warrant for his arrest.
1 of 2
E-FILED 2013 NOV 04 9:46 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts

Case Number
FECR012447
Type:
Case Title
STATE VS IAN CARTER SEXTON
OTHER ORDER
So Ordered
Electronically signed on 2013-11-04 09:45:35
2 of 2
E-FILED 2014 SEP 03 8:14 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 03 12:55 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 FECR012447
vs.
IAN CARTER SEXTON ,
Defendant.
Defendant's Correct Address: 304 Elm SAve.,
Montgomery, MN 56069
INITIAL APPEARANCE
Charges:
01 - 714.2(1) - THEFT 1ST DEGREE - 1978 (FELC)
02 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD)
The class C felony carries a penalty of up to 10 years in prison and a fine of not less than 1000 or
greater than $10,000. The class D felony carries a penalty of up to five years in prison and a fine of
not less than 750 or greater than $7500
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
Total of up to 15 years Years Prison
And/Or $fines of not less than $1750 or greater than $17,500 +35% surcharge and court
costs.
1 of 3
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:
Defendant must post a cash or surety bond in the amount of $15,000. In the event the defendant is
released on bond he shall obey all laws of the state of Iowa in the United States.
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 09/22/2014 at 10:00 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

Case Number
FECR012447
Type:
Case Title
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
DISTRICT COL-.-.i ;V \{j->;.\

SAC COUNT V
FILED
IN THE IOWA DISTRICT COURT FOR.
STATE OF IOWA or
2G!'H SFP -9
COUNTY
Sac
Criminal
PM l-.: |6
Civil
PlaintiflFyPetitioner,
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: _ L . A / N
Home Phone:
T r\
Birth Date: O h '
) :_J ; - J~'th Cell Phone:
E-mail:
Al /A
A'/Vt
Street Address: '* .at

Apt #
Street/P.O. Box
State
Crfy
C,(/f<{lc^ V
Pending charges:
Do you have a job? ^
No Job
Yes, Full Time
* Zip
In Jail? jSYes No
Yes, Part Time (List Hours/week:
p....
Who do you work for?

How much money do you currently make before taxes or deductions?
U J
_ per hour month ^ year

'I
How much money have you made in the last 12 monthsfromany source, before taxes or deductions? ' } >
How many family members are supported by or live wim you? l V
Vper hour month year
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:
^/
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: <A)
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 nnder 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 '/'
, . .*
- / /
;j
S s ' " ' "~

Signature 'S^.^^^'jg**--'-Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
IAN CARTER SEXTON ,
02811 FECR012447
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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 Thomas E. Gustafson (712) 263-6475, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
FECR012447
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2

THE STATE OF IOWA,
VS.
IAN CARTER SEXTON,
DEFENDANT.
NO. FECR012447
APPEARANCE OF COUNSEL
FOR DEFENDANT
* * * * * * *
COMES NOW Thomas E. Gustafson, Gustafson Law Firm, 36 South 12th Street,
P.O. Box 57, Denison, Iowa 51442, and enters his Appearance as the Court-appointed
attorney in this matter on behalf of the above-named Defendant, Ian Carter Sexton.
Dated this 4th day of September, 2014.
IAN CARTER SEXTON
Defendant
__/ s / Thomas E. Gustafson__
Thomas E. Gustafson
GUSTAFSON LAW FIRM
ICIS Pin AT0003025
36 South 12th Street, P.O. Box 57
Denison, Iowa 51442
712-263-6475 telephone
712-263-5602 facsimile
guslaw@frontiernet.net
Original filed electronically

THE STATE OF IOWA
VS.
IAN CARTER SEXTON,
DEFENDANT.
NO. FECR012447
APPLICATION FOR
IMMEDIATE BOND REVIEW
*
* * * * * * *
COMES NOW the above-named Defendant through his attorney, Thomas E.

Gustafson, and pursuant to Section 811.2 of the Iowa Code, makes Application to this
Court for an immediate bond review of the Appearance Bond set by the Court.
In support of this Application, it is stated that the Defendant is not a flight risk in
his appearance for trial or other proceedings before this Court will be reasonably assured
by the Defendants release from custody upon his own recognizance, or upon execution
by him of an unsecured appearance bond in an amount fixed by the Court, together with
any conditions of release the Court may impose. The Defendants release from custody
will not jeopardize the safety of other persons.
THEREFORE, it is respectfully requested that this Court grant the above
Application for Immediate Bond Review and that upon such review, enter an Order
releasing the Defendant upon his own recognizance as requested above, or upon
execution of an unsecured Appearance Bond in an amount fixed by the Court, together
with any conditions of release as the Court may deem appropriate.
Dated this 4th day of September, 2014.
IAN CARTER SEXTON
Defendant
_/ s / Thomas E. Gustafson_
Thomas E. Gustafson
GUSTAFSON LAW FIRM
36 South 12th Street, P.O. Box 57
Denison, Iowa 51442
712-263-6475 telephone
712-263-5602 facsimile
guslaw@frontiernet.net
Original filed electronically
Cc: Defendant
2RCR10
STATE OF IOWA,
PLAINTIFF,
vs.
IAN CARTER SEXTON ,
ORDER
DEFENDANT.
The Defendant has filed an application for bond review. A Bond Review is
scheduled on 09/22/2014 at 11:30 AM at the Sac Co. Courthouse, 100 NW State St.,
Sac City, Iowa.
The sheriff shall deliver the Defendant to the courthouse for this hearing.
IT IS SO ORDERED.
CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
THOMAS GUSTAFSON
SAC COUNTY SHERIFF
1 of 2

Case Number
FECR012447
Type:
Case Title
ORDER SETTING HEARING
So Ordered
2 of 2

STATE OF IOWA,
CRIMINAL CAUSE NO. FECR012447
Plaintiff,
vs.
TRIAL INFORMATION
IAN CARTER SEXTON,
DOB: 06/25/1994
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, IAN CARTER 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, CarQuest-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 II
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, IAN CARTER 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 CarQuest-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 structure. The defendant did so with the specific intent to commit a felony and /
or theft once inside the structure.
A TRUE INFORMATION
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
THE STATE OF IOWA vs. IAN CARTER SEXTON

Criminal No. FECR012447
COUNT I: Theft in the First Degree
COUNT II: Burglary in the Third Degree
NAMES OF WITNESSES:
JOHN THOMSEN, CHIEF OF POLICE, SAC CITY POLICE DEPARTMENT
MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT
CHAD RUSSELL SEXTON, OCCUPATION UNKNOWN
LEONARD SIMPSON, OWNER, CAR QUEST-IOWA AUTOMOTIVE, SAC CITY
CRAIG STORK, OWNER, CJ STORK TRANSFER INC.
CUSTODIAN OF RECORDS
VERIZON WIRELESS CUSTODIAN OF RECORDS
CITIZENS BANK CUSTODIAN OF RECORDS
DAVE SCHNOEBELEN, OPERATIONS MANAGER, CARQUEST

Type:
Approval of Trial Information
Case Number
FECR012447
Case Title
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
page 3 of 3

CRIMINAL NO. FECR012447
STATE OF IOWA,
Plaintiff,
ORDER SETTING ARRAIGNMENT
AND APPROVE BOND
VS.
IAN CARTER SEXTON,
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 22nd day of
September 2104 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 have no contact with the victim or any witness set
forth in the minutes of evidence in this matter.
The Defendant shall be on pre-trial supervision to the Second Judicial
District Department of Correctional Services.

Type:
ORDER FOR ARRAIGNMENT
Case Number
FECR012447
Case Title
So Ordered
page 2 of 2
2RCR02

STATE OF IOWA,
PLAINTIFF,
vs.
IAN CARTER SEXTON ,
ORDER FOR TRIAL
DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
September 12, 2014.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Thomas Gustafson.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on November 4, 2014, at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/20/2014
at 9:00 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

SAC COUNTY ATTORNEY
THOMAS GUSTAFSON
DISTRICT COURT ADMINISTRATOR
2 of 3

Case Number
FECR012447
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3

THE STATE OF IOWA,
NO. FECR012447
VS.
ORDER FOR RELEASE

FROM CUSTODY
IAN CARTER SEXTON,
DEFENDANT.
*
* * * * * * *
IT IS HEREBY ORDERED pursuant to the Application for Immediate Bond Review

filed on behalf of the Defendant and the agreement between Defendants attorney and the Sac
County Attorney as reported by defense counsel, that the Defendant shall now be released upon
execution by him of an unsecured Appearance Bond in the amount of $15,000.00, and subject to
the Defendant fully complying with the following conditions of release:
1.
Within 48 hours of his release from jail, the Defendant shall provide to his attorney
for filing with the Court, the address where he will reside pending trial of this matter,
and shall also at that same time submit to his attorney, his cell phone number and/or
land line number. The Defendant shall not move from that residence nor change his
cell phone and/or land line number without first obtaining permission from the Court
to do so.
2. Upon his release from jail pursuant to this Order, the Defendant shall promptly
contact his attorney at 712-263-6475.
3. The Defendant shall maintain contact with his attorney as his attorney may direct.
4. The Defendant shall appear before this Court at all times he is ordered to do so.
The Clerk of Court shall provide copies of this Order to counsel of record, to the Sac
County Jail and to the Sac County Sheriff for personal service upon the Defendant prior to his
release from custody.
If you need assistance to participate in court

due to a disability, call the disability coordinator
at 712-279-6035. Persons who are hearing or
speech impaired may call Relay Iowa TTY
(1-800-735-2942). Disability coordinators
cannot provide legal advice.

Type:
OTHER ORDER
Case Number
FECR012447
Case Title
So Ordered
page 2 of 2
E-FILED 2014 OCT 15 4:50 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
IAN CARTER SEXTON,
Case No. FECR012447

REPORT OF PRETRIAL
CONFERENCE
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 15, 2014, the parties conducted a Pretrial Conference as ordered or
in anticipation of the same. The State appeared by the Sac County Attorney,
Ben Smith. The Defendant appeared by his attorney, Tom Gustafson. The
parties, through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to count one amended to theft in the third
degree, an aggravated misdemeanor, with an indeterminate two year sentence
imposed, credit given for time spent in custody, the balance of the sentence
suspended and with Defendant placed on informal probation through the Sac
County Probation Office for two years. Defendant has also agreed to pay a
$625.00 fine together with the applicable surcharges and court costs, along with
victim restitution and restitution for Court-appointed attorney fees, and victim
restitution to be joint and severally with the Co-Defendant. The State has agreed
to recommend the foregoing and dismiss count two in the Trial Information.
Defendant intends to submit a written guilty plea by October 31, 2014.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
STATE OF IOWA,
02811 FECR012447
Plaintiff,
vs.
ORDER
IAN CARTER SEXTON ,

Defendant.
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2

Case Number
FECR012447
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
Date: 10/16/2014
State of Iowa
Plaintiff
FECR012447
No.
vs.
IAN CARTER SEXTON

Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING
COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.
Signature___/S/ Jesse Helling______________________

Date____10/16/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
IAN CARTER SEXTON ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before October 31, 2014. If any objection is filed on or
before October 31, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before October 31, 2014, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

SAC COUNTY ATTORNEY
THOMAS GUSTAFSON
MEDIA COORDINATOR
1 of 2

Case Number
FECR012447
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA
Plaintiff,
vs.
STATEMENT OF PECUNIARY LOSS
IAN CARTER 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-Defendant:
Chad Russell Sexton FECR012446
Victim Name/Address:
CAR QUEST/ IOWA AUTO
1705 WEST MAIN STREET
SAC CITY IA 50583
Type of Loss
Financial Damages
Lost Wages
Property Damages
Miscellaneous
Damages
Amount
Total for this Victim:
Amt of Loss
$
$
$
$497.12
Deductible
$
$
$1500
$
$1997.12
Restitution Amt
$
$
$1500.00
$ 497.12
Total Restitution to be Ordered: $1,997.12
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: Defendants Attorney
Victim
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 the victim.
[x ]
Attorney of Record by Electronic Mail
[x]
Attorney of Record by EMDS
on October 28, 2014
Signature: /s/Norma Hecht

STATE OF IOWA,
Plaintiff,
No. FECR012447
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION-COUNT I
vs.
IAN CARTER 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, an Aggravated Misdemeanor in
violation of Iowa Code Sections 714.1(1) 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.
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 October 28, 2014by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[ ] Overnight Courier
[ ] Certified Mail
[ x] EDMS
Signature: /s/Norma Hecht

STATE OF IOWA,
Plaintiff,
vs.
AMENDED-Count I
TRIAL INFORMATION
IAN CARTER SEXTON,

DOB: 06/25/1994,
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, Ian Carter Sexton of the
crime of THEFT IN THE THIRD DEGREE, an Aggravated Misdemeanor in violation of Iowa
Code Sections 714.1(1) and 714.2(3) committed as follows:
The said Defendant, Ian Carter Sexton, on or about July 1, 2013 in the County of Sac
and State of Iowa, did unlawfully and willfully take possession or control of the property of
another; the property having a value in excess of $500 but not exceeding $1,000, with the intent
to deprive the other thereof.
A TRUE INFORMATION

Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. FECR012447
Plaintiff,
vs.
ORDER
IAN CARTER SEXTON,
Defendant.
NOW, on this 28th day of October, 2014, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information-Count I. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged in Count I with Theft
in the Third Degree, an Aggravated Misdemeanor, in violation of Iowa Code Sections
714.1(1) and 714.2(3).
Clerk to furnish copies to:

County Attorney
Defense Counsel

Type:
OTHER ORDER
Case Number
FECR012447
Case Title
So Ordered
page 2 of 2
E-FILED 2014 NOV 03 2:13 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
FECR012447
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER
IAN CARTER SEXTON,

Defendant.
DATE:
November 5, 2014
CHARGE:
Theft in the Third Degree, an aggravated misdemeanor, in violation

of Iowa Code 714.1(1) and 714.2(3)
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge of $218.75;
(3)
court-appointed attorney fees in a sum to be certified by
Mr. Gustafson;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in favor of Car Quest (Iowa Automotive) in the
amount of $1,997.12 to be paid jointly and severally with codefendant Chad Russell Sexton; and
(6)
the court costs of this action.
Defendant shall pay all financial obligations owed to the Clerk of
Court of this county or online at www.iowacourts.gov. All such
financial obligations shall be paid pursuant to a plan of payment

arranged through Defendants probation supervisor; and
b.
Defendant shall be committed to the Director of Adult Corrections

for a period not to exceed two (2) years. The sentence is
suspended and Defendant is placed on probation for a period of
two (2) years to the Sac County Probation Office under the terms
and conditions the probation officer deems appropriate. In addition
to any terms the probation officer imposes, the Court specifically
imposes all of the following terms of probation:
(1)
(2)
(3)
(4)
Defendant shall make personal contact with the Sac County

Probation Office within seven (7) days from the date of the
filing of this Order to sign the Probation Agreement;
Defendant shall obey all laws;
Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation; and
Defendant shall comply with all terms of this Order,
including paying all financial obligations and completing all
required tasks in a timely manner.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
The Court publicly announced and/or hereby publicly announces that
Defendants term of incarceration may be reduced from the maximum sentence
because of statutory earned time, work credits, and program credits and that
Defendant may be eligible for parole before the sentence is discharged.
5.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
6.
Appeal Bond is set in the sum of $5,000.00, cash or surety.
7.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
8.
IT IS FURTHER ORDERED that Count II of the Trial Information is
dismissed upon motion of the county attorney and pursuant to plea agreement. Costs
are taxed to the Defendant.
Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff

Type:
OTHER ORDER
Case Number
FECR012447
Case Title
So Ordered
page 4 of 4

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E-FILED 2013 OCT 28 10:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 28 10:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 28 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

Case No. 02811 FECR012447

/s/ SHELLEY BASS

E-FILED 2013 NOV 04 9:46 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2013 NOV 04 9:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2013-11-04 09:45:35

E-FILED 2014 SEP 03 8:14 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 03 12:55 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 SEP 03 12:55 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 03 12:55 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-09-03 12:55:38

DISTRICT COL-.-.i ;V \{j->;.\

IN THE IOWA DISTRICT COURT FOR.

Birth Date: O h '

) :_J ; - J~'th Cell Phone:

Street Address: '* .at

Yes, Full Time

Yes, Part Time (List Hours/week:

Who do you work for?

_ per hour month ^ year

S s ' " ' "~

E-FILED 2014 SEP 04 10:52 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Attorney Thomas E. Gustafson (712) 263-6475, a contract attorney, is appointed.

E-FILED 2014 SEP 04 10:52 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-09-04 10:52:04

E-FILED 2014 SEP 04 3:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IAN CARTER SEXTON,

E-FILED 2014 SEP 04 3:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IAN CARTER SEXTON,

COMES NOW the above-named Defendant through his attorney, Thomas E.

E-FILED 2014 SEP 04 3:38 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 05 10:46 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Case No. 02811 FECR012447

CLERK TO FURNISH COPIES TO:

E-FILED 2014 SEP 05 10:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-09-05 10:46:38

E-FILED 2014 SEP 05 10:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 SEP 05 10:47 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. IAN CARTER SEXTON

E-FILED 2014 SEP 05 10:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Approval of Trial Information

Electronically signed on 2014-09-05 10:48:08

E-FILED 2014 SEP 05 10:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

E-FILED 2014 SEP 05 10:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Signature_/S/ Jesse Helling____________________