Holstein Man Accused of Violating Probation

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



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE 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 E I O W A DISTRICT C O U R T F O R Sac C O U N T Y

o

n

J>—i

S T A T E O F I O W A or

Plain tiff/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 —- <

3 C — .

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FINAN CIAL AFFIDAVIT/APPLICATIOJK ^

FO R A P P O I N T M E N T O F C O U N S E B P >

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

Name: Birth Date:

Home Phone: H Z - 3 f a G ' 2 l 5 Cell Phone: 1 \ Z - U 9 ' ^ 8 H E-mail: M . D f r t r .k rx ./Qtwagg/Wfa/. t

Street Address: 6 < 2 3 - £ fi /t S i -

Street/P.O. Box Apt City

Pending charges: hr.Wy.-3/>

State Zip

In Jail? • Y es H'fto

J )o you have a job? • N o Job • Yes, Full Time QJ^Yes, Part Time (List Hours/week:

Who do you work for? S A ] A j { A c j a ^ e l i ^ j ' /-xyr/yf J - W r y

How much money do you currently make before taxes or deductions? per • hour • month • year

How m uch money have you made in th e last 12 months from any source before taxes or deductions? ^_tCjT£) ?

How m any family members are supported by or live with you? 0

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: Mam

per • hour • month • year

List what you own including money in banks cars trucks, other vehicles land houses, buildings cash or anythingelse worth more than $100: G/ftc CTifrriy . T/>^ °tko -ftyfyy.^a -ft> A^/ dodnt h\j<> S-for

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 Signature

Rev. 1/6/12



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





Type: ORDER APPOINTING

So Ordered


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



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]




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



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ALEX ELLSWORTH MILLER,

Defendant.

Case No. FECR012343

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

ALAN MOVALL

JOSHUA FOWLER

SCOTT BROUWER, Chief Deputy, Sac County Sheriff’s Office




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

Plaintiff,

VS.

ALEX ELLSWORTH MILLER,Defendant.

CRIMINAL NO. FECR!"#$#

ORDER SETTIN% ARRAI%NMENT AND &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 13

th da3 f August2013 at 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





Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012343 STATE VS ALEX ELLSWORTH MILLER

So Ordered

Electronically signed on 2013-07-31 11:41:37 page 2 of 2



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



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



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 for which 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 expanded media coverage has been requested, as follows:

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



ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Peter Goldsmith 500 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 Iowa Address: Fort Dodge Messenger713 Central Ave.

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

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



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





Type: OTHER ORDER

So Ordered


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

Holstein Man Accused of Violating Probation

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