FECR012447 - Minnesota man pleads guilty to Aggravated Misdemeanor 3rd Degree Theft.pdf

8/10/2019 FECR012447 - Minnesota man pleads guilty to Aggravated Misdemeanor 3rd Degree Theft.pdf

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


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

IAN CARTER SEXTONDefendant

Case No. 02811 FECR012447

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:THEFT 1ST DEGREEBURGLARY 3RD DEGREEin 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 on11/04/2013 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 ascontempt of court.

/s/ SHELLEY BASSCLERK 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 Magistratebefore 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 anoriginal notice (804.1).



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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,v.IAN CARTER SEXTON ,

Defendant.

02811 FECR012447

ORDER

Defendant was summoned to appear on this date at 8:30 a.m. but did not. The clerk shall issue awarrant for his arrest.

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


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State of Iowa Courts

Case Number Case TitleFECR012447 STATE VS IAN CARTER SEXTONType: OTHER ORDER

So Ordered

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

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


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


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

vs.

IAN CARTER SEXTON , Defendant.Defendant's Correct Address: 304 Elm SAve.,Montgomery, MN 56069

Case No: 02811 FECR012447

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 orgreater than $10,000. The class D felony carries a penalty of up to five years in prison and a fine ofnot less than 750 or greater than $7500

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 canand 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 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 courtcosts.

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


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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 thisCourt.

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 guilty

of 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:Defendant must post a cash or surety bond in the amount of $15,000. In the event the defendant isreleased 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 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 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 hearingis:

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 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 THIS

OFFENSE, 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 ISORDERED 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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Case Number Case TitleFECR012447 STATE VS IAN CARTER SEXTONType: HEARING FOR INITIAL APPEARANCE

So Ordered


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Defendant/Respondent.

Criminal

Civil

FINANCIALAFFIDAVIT/APPLICATION

FO RAPPOINTMENTOF COUNSEL

Insupportof myapplicationforappointmentofcounsel,andunderpenaltyof perjury, theundersigned

states:

Name: _ L . A N

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Home Phone:

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Cell Phone: Al /A

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.IAN CARTER SEXTON ,

DEFENDANT.

02811 FECR012447

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 Thomas E. Gustafson (712) 263-6475, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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Case Number Case TitleFECR012447 STATE VS IAN CARTER SEXTONType: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, * NO. FECR012447

VS. *

APPEARANCE OF COUNSEL

IAN CARTER SEXTON, * FOR DEFENDANT

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 12

th

Street, P.O. Box 57Denison, Iowa 51442

712-263-6475 telephone

712-263-5602 [email protected]

Original filed electronically

mailto:[email protected]:[email protected]:[email protected]


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THE STATE OF IOWA * NO. FECR012447

VS. *

IAN CARTER SEXTON, * APPLICATION FOR

IMMEDIATE BOND REVIEW

DEFENDANT. *

* * * * * * *

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 SEXTONDefendant

_/ s / Thomas E. Gustafson_

Thomas E. GustafsonGUSTAFSON LAW FIRM36 South 12

thStreet, P.O. Box 57

Denison, Iowa 51442

712-263-6475 telephone712-263-5602 facsimile

[email protected]

Original filed electronicallyCc: Defendant

mailto:[email protected]:[email protected]:[email protected]


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2RCR10


STATE OF IOWA,

PLAINTIFF,

vs.IAN CARTER SEXTON ,

DEFENDANT.


O R D E R

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

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Case Number Case TitleFECR012447 STATE VS IAN CARTER SEXTONType: ORDER SETTING HEARING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE 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 thename and by the authority of the State of Iowa, accuses defendant, IAN CARTER SEXTON(defendant) of the crime ofTHEFT IN THE FIRST DEGREE, a Class C Felony in violation ofIowa 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 orcontrol of a 2001 S10 Chevrolet pickup truck having attached to it a specializeddelivery box, laptop computer, misc. tools, a safe, and over $100.00 cash (collectively,property), the aggregate value of the property exceeding $10,000. The defendanttook 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 inthe name and by the authority of the State of Iowa, accuses defendant, IAN CARTER SEXTON(defendant) of the crime ofBURGLARY 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 occupiedstructure CarQuest-Iowa Automotive Machine and Supply in Sac City, Iowa (1705West Main Street, Sac City, Iowa) (structure), which defendant had permission toenter. The defendant remained in the structure after his right, license, or privilege to bein the structure expired or the defendant did not have permission or authority to breakinto 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 AttorneySac County Attorney, Benjamin John SmithSac County Courthouse,100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791 Fax: 712-662-4123Email: [email protected]

mailto:[email protected]:[email protected]


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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



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Type: Approval of Trial Information

Case Number Case Title

FECR012447 STATE VS IAN CARTER SEXTON

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 2014-09-05 10:48:08 page 3 of 3



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

IAN CARTER SEXTON,Defendant.

CRIMINAL NO. FECR012447

ORDER SETTING ARRAIGNMENTAND APPROVE BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexlained, to !arranta conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment.

IT IS ORDERED, the Defendant shall ersonall" aear for Arr!"#$%#&at theSac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the &&nd da" ofSetember &'() & '(00 .$..

The Defendant is advised that failure to aear !ill result in the issuance of anarrest !arrant.

IT IS FURTHER ORDERED, the Defendant*s bond and conditions for releasefrom custod" in this matter shall be+

Defendant is released on ersonal reco$niance.-ond is set in the amount of ////////////////.-ond ma" be unsecured.-ond must be cash or secured in the amount of the -ond.'(0 cash ma" be osted.

B)#* +r%!)-/ %& // )#&!#-%.%ler1 of %ourt shall issue a summons for Defendant to Aear.%ler1 of %ourt shall issue an arrest !arrant.

Other %onditions of 2elease+Defendant shall obe" all Federal, State, and 3ocal la!s.The Defendant shall have no contact !ith the victim or an" !itness set

forth in the minutes of evidence in this matter.The Defendant shall be on re4trial suervision to the Second 5udicialDistrict Deartment of %orrectional Services.



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Type: ORDER FOR ARRAIGNMENT



So Ordered




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2RCR02


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 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 caseshall commence on November 4, 2014, at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/20/2014at 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 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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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYTHOMAS GUSTAFSONDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleFECR012447 STATE VS IAN CARTER SEXTONType: ORDER SETTING TRIAL

So Ordered


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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 areement between Defendant!s attorne" and the Sac

#ount" Attorne" as reported b" defense counsel$ that the Defendant shall now be released upon

e%ecution b" him of an unsecured Appearance Bond in the amount of &'($)))*))$ and sub+ect to

the Defendant full" compl"in with the followin conditions of release,

'*

-ithin ./ hours of his release from +ail$ the Defendant shall provide to his attorne"

for filin with the #ourt$ the address where he will reside pendin trial of this matter$

and shall also at that same time submit to his attorne"$ his cell phone number and0or

land line number* The Defendant shall not move from that residence nor chane his

cell phone and0or land line number without first obtainin permission from the #ourt

to do so*

1*

2pon his release from +ail pursuant to this Order$ the Defendant shall promptl"

contact his attorne" at 3'1415645.3(*

6*

The Defendant shall maintain contact with his attorne" as his attorne" ma" direct*

.*

The Defendant shall appear before this #ourt at all times he is ordered to do so*

The #ler7 of #ourt shall provide copies of this Order to counsel of record$ to the Sac

#ount" 8ail and to the Sac #ount" Sheriff for personal service upon the Defendant prior to his

release from custod"*

If "ou need assistance to participate in courtdue to a disabilit"$ call the disabilit" coordinatorat 3'1413945)6(* :ersons who are hearin orspeech impaired ma" call Rela" Iowa TTY;'4/))436(419.1


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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.

IAN CARTER SEXTON,

Defendant.

Case No. FECR012447

REPORT OF PRETRIALCONFERENCE

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 victimrestitution 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 SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2014 OCT 15 4:50 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.

IAN CARTER SEXTON ,

Defendant.

02811 FECR012447

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause.IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 11/05/2014 at9:30 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 arrestbeing issued.

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So Ordered


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Date: 10/16/2014


State of Iowa

Plaintiff

No. FECR012447

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 photographicequipment

(__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) forexpanded 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



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2RCR15


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


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 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.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

THOMAS GUSTAFSON

MEDIA COORDINATOR

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So Ordered


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STATE OF IOWA CRIMINAL CAUSE NO. FECR012447Plaintiff,

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; asshown below and/or on the attached sheets.

Joint and Several Co-Defendant: Chad Russell Sexton FECR012446

Victim Name/Address: Amount

CAR QUEST/ IOWA AUTO1705 WEST MAIN STREETSAC CITY IA 50583 Total for this Victim: $1997.12

Type of Loss Amt of Loss Deductible Restitution Amt

Financial Damages $ $ $

Lost Wages $ $ $

Property Damages $ $1500 $1500.00

MiscellaneousDamages

$497.12 $ $ 497.12

Total Restitution to be Ordered: $1,997.12

Benjamin John Smith, Sac County AttorneySac County Courthouse 100 NW State St., Suite 9Sac City IA 50583Phone: (712) 662-4791 Fax: (712) 662-4123Email: [email protected]

copy to: Defendants Attorney

VictimPROOF 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 Elec tronic Mail[x] Attorney of Record by EMDSon October 28, 2014Signature: /s/Norma Hecht



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STATE OF IOWA, No. FECR012447

Plaintiff,

REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIAL

INFORMATION-COUNT I

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 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: 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.

Prosecuting AttorneySac County Attorney, Benjamin John Smith

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 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



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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012447

Plaintiff, AMENDED-Count I

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 of thecrime ofTHEFT 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

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9

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



43/52

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.

IAN CARTER SEXTON,

Defendant.

Case No. FECR0!""#

ORDER

NOW, on t$is !%t$

da& of O'to(e), !0", t$e Co*)t is in )e'ei+t of t$e States

Re-*est fo) eave of Co*)t to A/end T)ial Info)/ationCo*nt I. T$e Re-*est s$o*ld (e1)anted.

IT IS T2EREFORE ORDERED t$at t$e States Re-*est is 1)anted. T$e T)ial

Info)/ation is a/ended to +)ovide t$at Defendant is no3 '$a)1ed in Co*nt I 3it$ T$eft

in t$e T$i)d De1)ee, an A11)avated 4isde/eano), in violation of Io3a Code Se'tions

#".56 and #".!576.

Cle)8 to f*)nis$ 'o+ies to9Co*nt& Atto)ne&Defense Co*nsel



44/52


Type: OTHER ORDER



So Ordered




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E-FILED 2014 NOV 03 2:13 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

IAN CARTER SEXTON,

Defendant.

FECR012447

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: Nve!"e# $, 2014

CHARGE: T%eft in t%e T%i#d Deee, an a&avated !i'de!ean#, in vilatinf I(a Cde ) 714.1*1+ and 714.2*+

Defendant %a' filed a (#itten &-ilt /lea and a (aive# f Defendant' #i&%t t "e/#e'ent f# 'entenin&. Defendant a'' t%at t%e /lea t t%e a"ve %a#&e "e ae/tedand t%at 'entene "e i!/'ed /-#'-ant t t%e /lea a##an&e!ent aeed -/n " t%e/a#tie' (it%-t t%e f#!alit f t%e #e#d #e3-i#ed " R-le' 2. and 2.10 f t%e I(aR-le' f C#i!inal P#ed-#e.

T%e C-#t %e#e" inf#!' Defendant t%at Defendant' /lea f &-ilt t t%ea"ve5#efe#ened %a#&e i' ae/ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i' ad6-diated &-ilt f t%e a"ve5de'#i"ed #i!e and/-#'-ant t I(a Cde Setin 0.1.

2. Defendant i' %e#e" 'entened a' fll('8a. Defendant '%all /a finanial "li&atin' a' fll('8

*1+ a fine in t%e '-! f 9:2$.00;*2+ a $< '-#%a#&e f 921.7$;*+ -#t5a//inted att#ne fee' in a '-! t "e e#tified "

=#. >-'taf'n;*4+ a 912$.00 la( enf#e!ent initiative '-#%a#&e /-#'-ant t

I(a Cde Setin 11.;*$+ #e'tit-tin in fav# f Ca# ?-e't *I(a A-t!tive+ in t%e

a!-nt f 91,7.12 t "e /aid 6intl and 'eve#all (it% 5defendant C%ad R-''ell Se@tn; and

*:+ t%e -#t 't' f t%i' atin.

Defendant '%all /a all finanial "li&atin' (ed t t%e Cle# fC-#t f t%i' -nt # nline at (((.i(a-#t'.&v. All '-%



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finanial "li&atin' '%all "e /aid /-#'-ant t a /lan f /a!enta##an&ed t%#-&% Defendant' /#"atin '-/e#vi'#;and

". Defendant '%all "e !!itted t t%e Di#et# f Ad-lt C##etin'f# a /e#id nt t e@eed t( *2+ ea#'. T%e 'entene i'

'-'/ended and Defendant i' /laed n /#"atin f# a /e#id ft( *2+ ea#' t t%e Sa C-nt P#"atin Offie -nde# t%e te#!'and nditin' t%e /#"atin ffie# dee!' a//#/#iate. In additint an te#!' t%e /#"atin ffie# i!/'e', t%e C-#t '/eifialli!/'e' all f t%e fll(in& te#!' f /#"atin8

*1+ Defendant '%all !ae /e#'nal ntat (it% t%e Sa C-ntP#"atin Offie (it%in 'even *7+ da' f#! t%e date f t%efilin& f t%i' O#de# t 'i&n t%e P#"atin Aee!ent;

*2+ Defendant '%all "e all la(';*+ Defendant '%all "e e!/led f-ll5ti!e, attendin& '%l f-ll5

ti!e, # en&a&ed in a f-ll5ti!e !"inatin f e!/l!entand '%l attendane d-#in& t%e /e#id f /#"atin; and

*4+ Defendant '%all !/l (it% all te#!' f t%i' O#de#,inl-din& /ain& all finanial "li&atin' and !/letin& all#e3-i#ed ta'' in a ti!el !anne#.

. T%e C-#t ant' t%i' 'entene "ea-'e it /#vide' f# Defendant'#e%a"ilitatin and t%e /#tetin f t%e !!-nit. T%e C-#t %a' n'ide#ed t%e'entenin& #e!!endatin f t%e /a#tie'.

4. T%e C-#t /-"lil ann-ned and# %e#e" /-"lil ann-ne' t%atDefendant' te#! f ina#e#atin !a "e #ed-ed f#! t%e !a@i!-! 'entene

"ea-'e f 'tat-t# ea#ned ti!e, (# #edit', and /#a! #edit' and t%atDefendant !a "e eli&i"le f# /a#le "ef#e t%e 'entene i' di'%a#&ed.

$. Defendant %a' a 'tat-t# #i&%t t a//eal " filin& (#itten ntie f a//eal(it% t%e Cle# f C-#t f t%i' -nt (it%in 0 da' f t%e date f t%e'e /#eedin&'.If Defendant i' -na"le t /a t%e 't' f a//eal, Defendant !a a//l t t%e C-#t f#a//int!ent f -n'el and t%e f-#ni'%in& f a t#an'#i/t f t%e evidene a' /#vided inI(a Cde Setin' 14. and 14.11. Filin& a ntie f a//eal (it%in t%e ti!e and int%e !anne# '/eified in I(a R-le f A//ellate P#ed-#e :.101 i' 6-#i'ditinal andfail-#e t !/l (it% t%e'e /#vi'in' '%all /#el-de Defendant' #i&%t f a//eal.

:. A//eal Bnd i' 'et in t%e '-! f 9$,000.00, a'% # '-#et.

7. An a'% "ail /'ted " Defendant # n Defendant' "e%alf " a t%i#d/a#t t%at %a' an(led&ed # aeed t%at t%e !ne /'ted an "e a//lied t(a#dDefendant' finanial "li&atin' '%all "e a//lied t(a#d Defendant' finanial"li&atin'. All a'% "ail #e!ainin&, if an, afte# /a!ent f Defendant' finanial"li&atin' and all a'% "ail /'ted " a t%i#d /a#t t%at %a' nt an(led&ed #aeed t%at t%e !ne /'ted an "e a//lied t(a#d Defendant' finanial "li&atin'i' %e#e" e@ne#ated and '%all "e #et-#ned t t%e /e#'n /'tin& t%e a'% "ail. All nn5a'% "ail "nd' /'ted, if an, a#e %e#e" e@ne#ated.



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. IT IS FRTER ORDERED t%at C-nt II f t%e T#ial Inf#!atin i'di'!i''ed -/n !tin f t%e -nt att#ne and /-#'-ant t /lea aee!ent. C't'a#e ta@ed t t%e Defendant.

Clerk Shall Furnish Coies To:C-nt Att#neDefen'e C-n'elC-nt S%e#iff



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Type: OTHER ORDER



So Ordered



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