Holstein Man Pleads Guilty to Burglary 3rd Degree

7/27/2019 Holstein Man Pleads Guilty to Burglary 3rd Degree

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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 E I O W A DISTRICT C O U R T F O R Sac C O U N T Yocn

-J>iS 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 - -


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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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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. FECR012343

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

ALAN MOVALL

JOSHUA FOWLER

SCOTT BROUWER, Chief Deputy, Sac County Sheriffs Office



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

Plaintiff,

VS.

ALEX ELLSWORTH MILLER,Defendant.

CRIMINAL NO. FECR012343

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matterhave been examined and found to contain sufficient evidence, if unexplained, towarrant 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 theSac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust2013 at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom 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 be on pre-trial supervision to the Second JudicialDistrict Department of Correctional Services.Other:



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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: 09/18/2013IN 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 StreetSac 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, AMENDEDvs. 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 PERMITTING

vs. AMENDED TRIALINFORMATION


Defendant.

The matter of the State of Iowas Request for Leave of Court to Amend Trial Information

comes on before the Court and the Court upon examination of the files and records herein

finds that the amendment will not materially change the issues nor work any hardships on

the Defendant, and that said Trial Information as amended has been examined by me and

found to contain sufficient evidence, if unexplained, to warrant a convictions by a trial

jury; the filing of this amended Trial Information is hereby approved.

Original filed EDMS, copy to:

County Attorney

Defendants Attorney- Peter Goldsmith



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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 JUDGMENT

ALEX ELLSWORTH MILLER,DOB: 07/05/1994

Defendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State is

represented by Sac County Attorney Benjamin John Smith, and the Defendant is

represented by Attorney at Law Peter Goldsmith. The parties inform the Court that a plea

agreement has been reached wherein the Defendant enters his written plea of guilty to the

amended charge of BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED

VEHICLE, an Aggravated Misdemeanor in violation of Iowa Code Sections 713.1 and713.6A(2), pursuant to the plea agreement. In exchange for the plea of guilty to the

amended charge, the State has agreed to amend the charge as mentioned above. The

States Motion to Amend is hereby granted.

The Defendant having previously filed herein a Waiver of Rights and Appearance

Plea of Guilty to the said offense, which plea contained statements by Defendant pursuant

to the requirements of State v. Sisco, 169 N.W.2d 542 and Brainard v. State, 222 N.W.2d

711. Defendants guilty plea to the amended charge is accepted. In entering his guilty plea

the Defendant acknowledged awareness of his rights and that the plea was voluntarily

entered. Defendant waived additional time for sentencing and acknowledged that he would

not be in a position to file a motion in arrest of judgment if judgment was imposed

immediately and that Defendant still wished to have sentence pronounced at this time. The

Defendant has plead guilty to 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).

IT IS ORDERED that the entry of judgment and pronouncement of sentence is

deferred and Defendant is placed on in-formal probation to the Sac County Probation

Officer for a period of one year. Upon successful completion of probation, Defendant shall

be discharged without imposition of sentence or judgment. Defendants probation shall be

subject to the following terms and conditions:

1. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement withthe Sac County Probation Officer at the Sac County Courthouse, 100 NW State Street,

2nd

Floor, Sac City, Iowa.

a. Defendant shall obey all Federal, State, and local, laws and ordinances.

b. Defendant shall report all new arrests to the Sac County Probation Officer

within seven days of the arrest.



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c. Defendant shall keep the Clerk of Court and the Sac County Probation

Officer notified as to any change in address until all obligations of this case

have been completed.

2. Defendant shall pay a Civil Penalty in the amount of $625.00 to the State CourtAdministrator, through the Clerk of Court; to be paid as ordered by the Court.

3. In addition, Defendant shall pay the Law Enforcement Initiative surcharge of$125.00

pursuant to Section 911.3. (For violations under Iowa Code: chapters 124, 155A 453B,

713, 714, 715A, 716, or code sections 719.8, 725.1, 725.2 and 725.3); be paid as ordered

by the Court.

4. Defendant shall pay court costs in the amount of$100.00; to be paid as ordered by the

Court.

5. Defendant shall pay court appointed attorney fees in the amount of$294.00; to be paidas ordered by the Court.

6. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this

Judgment by paying $75.00 per month to the Sac County Clerk of Court with

payments to begin on the 1st

day of the month following this order and shall continue

on the 1st

day of each month until paid in full.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE

OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is

advised that if one payment is missed, the entire obligation becomes immediately

due.

IT IS FURTHER ORDERED that bond previously set in this matter is

exonerated. Defendant having appeared, any balance of appearance bond is released after

application to fine, surcharge, court costs, attorney fees, and restitution.

Original filed EDMS,

Copies to:

County Attorney

Defendant/Attorney- Peter Goldsmith

Court Administrator



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Type: ORDER FOR JUDGMENT



So Ordered



Holstein Man Pleads Guilty to Burglary 3rd Degree

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