holstein man originally convicted of burglary in the third degree going back to court to answer a...

8/12/2019 Holstein Man Originally Convicted of Burglary in the Third Degree Going Back to Court to Answer a Charge of Viol

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E-FILED 2013 JUN 28 8:40 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

ALEX ELLSWORTH MILLER , Defendant.

Case No: 02811 FECR012343

INITIAL APPEARANCE

Charges:01 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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 $750.00 to 7,500.00 plus 35% surcharge and costs

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:You must not use any alcohol or illegal drugs during the pendancy of this matter. You must obey all

laws of Iowa and the United States.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis:

Waived

Preliminary Hearing is scheduled on 07/16/2013 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 at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS

ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.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 DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleFECR012343 STATE VS ALEX ELLSWORTH MILLER

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-06-28 11:14:06

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IN T H EI O W ADISTRICTC O U R TF O R Sac C O U N T Yon

J>iS T A T E O FI O W Aor

Plaintiff/Petitioner,vs . . | .

Defendant/Respondent.

v r r i m iCriminal C i v i l nn n0~> j = o c

NO. K C 0 J L > S H 2 L -

In supportof myapplicationforappointmentofcounsel,and under penalty ofperjury,the undersignedstates:Name: BirthDate:HomePhone: H Z - 3 f a G ' 2 l 5 CellPhone: 1 \ Z - U 9 ' ^ 8 H E-mail: M . D f r t r .k rx./Qtwagg/Wfa/.tStreetAddress: 6 < 2 3 - fi /t S i -Street/P.O. Box Apt CityPendingcharges:hr.Wy.-3/>

State ZipInJail? Y es H'ftoJ )o youhaveajob? N oJob Yes,FullTime QJ^Yes,PartTime(ListHours/week:

Who do youworkfor? S A ] A j { A c j a ^ e l i ^ j ' /-xyr/yf J - W r yHowmuchmoneydo youcurrentlymake beforetaxes or deductions? per hour month yearHow m uch money have youmadeinth elast12months from anysource beforetaxes ordeductions? ^_tCjT) ?How m any familymembersaresupportedby orlive withyou? 0If aspouseliveswith you, howmuchmoney does your spouse make?Listall othermoney you,oranyoneelse livinginyourhousehold hascomingin: Mam

per hour month year

Listwhatyou ownincludingmoney inbanks cars trucks,other vehicles land houses,buildings cash or anythingelseworthmorethan$100: G/ftc CTifrriy.T/>^ tko -ftyfyy.^a -ft>A^/ dodnt h\j S-for

Listamountsyoupay monthlyformortgages, rent, car loans, credit cards,childsupport, or any otherdebts

Iunderstand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancialaffidavit. I promise under penalty of perjurythatthestatementsI make in this application aretrueandthatI am unable to payforan attorney to represent me.

Date SignatureRev.1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.ALEX ELLSWORTH MILLER ,

DEFENDANT.

02811 FECR012343

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 financialhardship.

Attorney Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2013 JUL 16 1:04 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER APPOINTING

So Ordered


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E-FILED 2013 JUL 16 1:04 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ALEX ELLSWORTH MILLER,

DOB: 07-05-1994

Defendant.

Case No. FECR012343

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 (defendant) of the crime of BURGLARY IN THE THIRD

DEGREE, a violation of Iowa Code sections 713.1, 713.2, 713.5, committed as

follows: On or about June 23, 2013, the defendant broke into the garage for the

residence located at 1855 190th Street, Schaller, Iowa, which is an unoccupied

structure,and the defendant did so with the specific intent to commit a felony and / or

theft once therein.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

FECR012343 STATE VS ALEX ELLSWORTH MILLER

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-07-31 11:41:35 page 2 of 2

E-FILED 2013 JUL 31 11:41 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

VS.

ALEX ELLSWORTH MILLER,Defendant.

CRIMINAL NO. FECR!"#$#

ORDER SETTIN% ARRAI%NMENTAND &OND

T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte*'a+e een e-a)ined and f/nd t 0ntain (/ffi0ient e+iden0e, if /ne-1lained, t2a**ant a 0n+i0tin in a t*ial 3 4/*3, t'e*ef*e, t'i( )atte* ('all e (et f*

A**ai5n)ent.

IT IS ORDERED, t'e Defendant ('all 1e*(nall3 a11ea* f* A**ai5n)ent at t'eSa0 C/nt3 C/*t'/(e, Di(t*i0t C/*t*), Sa0 Cit3, I2a n t'e 13thda3 f August2013at 9:00 a.m..

T'e Defendant i( ad+i(ed t'at fail/*e t a11ea* 2ill *e(/lt in t'e i((/an0e f ana**e(t 2a**ant.

IT IS FURTHER ORDERED, t'e Defendant6( nd and 0nditin( f* *elea(ef*) 0/(td3 in t'i( )atte* ('all e7

Defendant i( *elea(ed n 1e*(nal *e05ni8an0e.&nd i( (et in t'e a)/nt f 9::::::::::::::::.

&nd )a3 e /n(e0/*ed.&nd )/(t e 0a(' * (e0/*ed in t'e a)/nt f t'e &nd.!; 0a(' )a3 e 1(ted.

&nd 1*e+i/(l3 (et ('all 0ntin/e.Cle*< f C/*t ('all i((/e a (/))n( f* Defendant t A11ea*.Cle*< f C/*t ('all i((/e an a**e(t 2a**ant.Ot'e* Cnditin( f Relea(e7

Defendant ('all e3 all Fede*al, State, and L0al la2(.

T'e Defendant ('all e n 1*e=t*ial (/1e*+i(in t t'e Se0nd >/di0ialDi(t*i0t De1a*t)ent f C**e0tinal Se*+i0e(.Ot'e*7

E-FILED 2013 JUL 31 11:41 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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E-FILED 2013 AUG 13 11:00 AM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.ALEX ELLSWORTH MILLER ,

DEFENDANT.

Case No. 02811 FECR012343

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 13, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Peter Goldsmith.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.

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 depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 AUG 13 1:08 PM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYPETER ANDREW GOLDSMITH

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Type: ORDER SETTING TRIAL

So Ordered


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Date: 09/18/2013 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. fecr012343

vs.

Alex Ellsworth Miller

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIACOVERAGE OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to usephotographic equipment(__X__), television cameras (__X__) or electronic soundrecording equipment (__X__) in courtroom coverage in theabove proceeding.

2. This filing is for all pre-trial motions, plea-taking,

trial and sentencing.

3. The request(s) for expanded media coverage are describedas follows: Two video cameras, tripods, videographers; audio

accessibility; two photographers with up to two still camerasand two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage isfiled at least 14 days in advance of the proceedings forwhich expanded media coverage is being requested or grounds

for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed tothe last known address of all counsel of record, partiesappearing without counsel, the district court administratorfor this judicial district, and the judicial officer expected

to preside at the trial or proceedings for which expandedmedia coverage has been requested, as follows:

E-FILED 2013 SEP 18 5:03 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Peter Goldsmith500 2nd St.

Ida Grove, IA 51145

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE:

CLERK OF COURT: Donna Gerry

WHEREFORE, the undersigned media coordinator gives notice ofrequest(s) for expanded media coverage as aforesaid.

Signature__/s/ Jesse Helling_______________________Date_9/18/13_______________________

Jesse Helling

Media Coordinator, Region 4Third Judicial District of IowaAddress: Fort Dodge Messenger713 Central Ave.

Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529



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2RCR15


STATE OF IOWA,

PLAINTIFF,

vs.ALEX ELLSWORTH MILLER ,

DEFENDANT.

Case No. 02811 FECR012343

O R D E R

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 1, 2013. If any objection is filed on

or before October 1, 2013, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before October 1, 2013, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

PETER ANDREW GOLDSMITH

MEDIA COORDINATOR

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E-FILED 2013 SEP 23 9:50 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER

So Ordered


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E-FILED 2013 SEP 23 9:50 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, No. FECR012343

Plaintiff,REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIALINFORMATION


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 theDefendant.

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: BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED VEHICLE,

an Aggravated Misdemeanor in violation of Iowa Code Section(s) 713.1 and 713.6A(2).

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 SmithProsecuting Attorney

Sac County Attorney, Benjamin John SmithAT0008834

Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791

Fax: 712-662-4123Email: [email protected]

Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing

instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respective

addresses disclosed on the pleadings on ____________ ____, ____,

by: [ ] U.S. Mail [ ] Fax

[ ] Hand Delivered [ x ] electronic mail

[ ] Certified Mail [ ] EDMS

Signature /s/Norma Hecht

mailto:[email protected]:[email protected]


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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012343

Plaintiff, AMENDED vs. TRIAL INFORMATION

ALEX ELLSWORTH MILLER,DOB: 07/05/1994 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa andin the name and by the authority of the State of Iowa, accuses Defendant, Alex Ellsworth Miller

of the crime ofBURGLARY IN THE THIRD DEGREE OF UNOCCUPIED VEHICLE, an

Aggravated Misdemeanor in violation of Iowa Code Sections 713.1 and 713.6A(2) committed as

follows:

The said Defendant, Alex Ellsworth Miller, on or about June 23, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree upon the

property of Alan Movall, said property being an unoccupied vehicle.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

mailto:[email protected]:[email protected]


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STATE OF IOWA, No. FECR012343Plaintiff,

ORDER PERITTIN!

"#. AENDED TRIA$INFORATION


D%f%n&ant.

T'% (att%) of t'% Stat% of Io*a+# R%-%#t fo) $%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%)iall 'an% t'% i##-%# no) *o) an 'a)'i# on

t'% D%f%n&ant, an& t'at #ai& T)ial Info)(ation a# a(%n&%& 'a# /%%n %a(in%& / (% an&

fo-n& to ontain #-ffii%nt %"i&%n%, if -n%lain%&, to *a))ant a on"ition# / a t)ial

5-)6 t'% filin of t'i# a(%n&%& T)ial Info)(ation i# '%)%/ a)o"%&.

O)iinal fil%& EDS, o to7

Co-nt Atto)n%

D%f%n&ant+# Atto)n%8 P%t%) !ol(it'



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Type: OTHER ORDER



So Ordered




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E-FILED 2013 OCT 11 2:26 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA No: FECR012343

Plaintiff

vs. ORDER DEFERRING !DG"ENT

ALEX ELLSWORTH MILLER,DO#: 0$%0&%1''4

D(f(n)ant.

CO!NT I

BE IT REMEMBERED t*at t*is +att(, -a+( on fo, s(nt(n-in. T*( Stat( is

,(/,(s(nt() Sa- Cont Atto,n( #(na+in o*n S+it* an) t*( D(f(n)ant is

,(/,(s(nt() Atto,n( at 5a6 P(t(, Gol)s+it*. T*( /a,ti(s info,+ t*( Co,t t*at a /l(a

a,((+(nt *as ((n ,(a-*() 6*(,(in t*( D(f(n)ant (nt(,s *is 6,itt(n /l(a of ilt to t*(

a+(n)() -*a,( of BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED

VEHICLE an A,avat() "is)(+(ano, in violation of Io6a Co)( S(-tions $13.1 an)$13.7A829 /,sant to t*( /l(a a,((+(nt. In (-*an( fo, t*( /l(a of ilt to t*(

a+(n)() -*a,( t*( Stat( *as a,(() to a+(n) t*( -*a,( as +(ntion() aov(. T*(

Stat(;s "otion to A+(n) is *(,( ,ant().

T*( D(f(n)ant *avin /,(viosl fil() *(,(in a Waiv(, of Ri*ts an) A//(a,an-(

Pl(a of Gilt to t*( sai) off(ns( 6*i-* /l(a -ontain() stat(+(nts D(f(n)ant /,sant

to t*( ,(


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-. D(f(n)ant s*all =((/ t*( Cl(,= of Co,t an) t*( Sa- Cont P,oation

Offi-(, notifi() as to an -*an( in a)),(ss ntil all oliations of t*is -as(

*av( ((n -o+/l(t().

2. D(f(n)ant s*all /a a Civil P(nalt in t*( a+ont of $625.00 to t*( Stat( Co,tA)+inist,ato, t*,o* t*( Cl(,= of Co,t? to ( /ai) as o,)(,() t*( Co,t.

3. In a))ition D(f(n)ant s*all /a t*( 5a6 Enfo,-(+(nt Initiativ( s,-*a,( of $125.00

/,sant to S(-tion '11.3. 8Fo, violations n)(, Io6a Co)(: -*a/t(,s 124 1&&A 4&3#

$13 $14 $1&A $17 o, -o)( s(-tions $1'.@ $2&.1 $2&.2 an) $2&.39? ( /ai) as o,)(,()

t*( Co,t.

4. D(f(n)ant s*all /a -o,t -osts in t*( a+ont of $100.00to ( /ai) as o,)(,() t*(

Co,t.

&. D(f(n)ant s*all /a -o,t a//oint() atto,n( f((s in t*( a+ont of $2!".00? to ( /ai)as o,)(,() t*( Co,t.

7. IT IS FURTHER ORDERED t*at D(f(n)ant s*all /a all a+onts o,)(,() t*is

)+(nt /ain $#5.00 %& '()*+ to t*( S- C()*/ C%& ( C(&* 6it*

/a+(nts to (in on t*( 13*4/ ( *+% '()*+follo6in t*is o,)(, an) s*all -ontin(

on t*( 1st)a of (a-* +ont* ntil /ai) in fll.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATIONS BEING PAID WITHIN 2" MONTHS OF THE DATE

OF THIS UDGMENT, THE BALANCE IS DUE AT THAT TIME. D%%)4)* 3

473%4 *+* ()% /'%)* 3 '33%4, *+% %)*&% (89*() 8%-('%3 ''%4*%/

4%.

IT IS FURTHER ORDERED t*at on) /,(viosl s(t in t*is +att(, is

(on(,at(). D(f(n)ant *avin a//(a,() an alan-( of a//(a,an-( on) is ,(l(as() aft(,

a//li-ation to fin( s,-*a,( -o,t -osts atto,n( f((s an) ,(stittion.

O,iinal fil() ED"S

Co/i(s to:

Cont Atto,n(

D(f(n)ant%Atto,n(> P(t(, Gol)s+it*

Co,t A)+inist,ato,



32/35


Type: ORDER FOR JUDGMENT



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.

CASE No. FECR012343

STATES APPLICATION TO REVOKEDEFERRED JUDGMENT AND

IMPOSE SENTENCE

COMES NOW the State of Iowa and for its Application to Revoke Defendants

Deferred Judgment and Impose Sentence states the following:

1. On July 31, 2013, defendant, was charged with burglary in the third

degree a class D felony. Ultimately, on or around October 7, 2013, defendant

pleaded guilty to the amended charge of burglary of an unoccupied motorvehicle, which is an aggravated misdemeanor, and received a deferred

judgment.

2. On February 11, 2014, defendant was again charged with burglary in the

third degree Sac County Case No. FECR012491. This most recent burglary

charge stems from an incident occurring on or around September 29, 2013,

which was just days before defendant received the deferred judgment herein.

WHEREFORE, the State respectfully requests the Court set a hearing on this

Application and revoke Defendants probation / deferred judgment and, after the

State establishes Defendants violations by a preponderance of the evidence,impose sentence pursuant to Iowa Rule of Criminal Procedure 2.24(3)(d).

__________________________Benjamin John SmithSac County AttorneySac County Courthouse

100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2014 FEB 27 12:04 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

vs.

ALEX ELLSWORTH MILLER ,

Defendant.

02811 FECR012343

Order Setting Initial AppearanceOn Probation Violation

IT IS HEREBY ORERED that an initial appearance on the State's Application for ProbationRevocation will be held as follows:Initial Appearance is scheduled on 03/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa.This order and a copy of the Application for Revocation of Probation shall be served on the defendant

in the manner of an original notice.

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Case Number Case TitleFECR012343 STATE VS ALEX ELLSWORTH MILLERType: ORDER SETTING INITIAL APPEARANCE

So Ordered



holstein man originally convicted of burglary in the third degree going back to court to answer a...

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