Wall Lake Man Found Guilty of Burglary in the 3rd Degree

8/12/2019 Wall Lake Man Found Guilty of Burglary in the 3rd Degree

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Comp la in t

S T A T E OF IOWAV s .J a m e s Pa t r i ck Sex ton

Item :STATE OFIOWA COUNTY OF SAC

Before (Judge, Magistrate),

r oc=>

W A R R E N L . B U SJUDICIALMAGISTR?oI

C / > o

Cr im ina l C a s e N o . 1/1 T= = 0 0f l o e

A d d r e s sDefendant

1 4 T h i r d S t r ee t W a l l Lake I A Complaint C O

Date o f B i r th 05-19-1985 Class D FelonyThe defendant is acc us ed of the crime of Burglary in the 3 r d degree in violation of (Section 713.6A of the Code of lowa) orOrdina nce N o. of the City of , inth tthe defendant on the 22 day of January , 2 0 H , at the 704 Fifth Street inLake View, lowa in Sac County, did :James Sexton committed burglary in the thirddegree upon the residence of Bob and Susa n G reen.

(State acts or omis sions constituting offense)

Statutory R eference 804.1 C ode of lowaS T A T E O F IOWA,C O U N T Y O F S A C , s s .

Dated

ComplainantAddress M/^i St l^;c CcS

I, the undersigned, being duly sworn and under oath, stateth t the following facts known by me or told to me by the otherreliable pers onsformmy beliefth t James Sexton the defendant committed the crime charged.Arielle Henderson was an employee of the Greens and knew the routine th t the bartenders followed after closing atJ e rZees . She knewth t the money from the bar was taken to the Greens house and lefton the kitchen counter. S heknew who wa s going to drop off the m oney bag and s he and Jam es S exton watched for her to leave the G reen s house .Thegirlwho dropped off the m oney bags s aw her vehicle 3 times between the times he wentto the G reen s house andwhen sheleft town. Her foot prints were outside the kitchen window w here s he could se e the money bags . It had snowe dth t Fr iday. The same foot prints lead away from the house for about 100 feet and end behind a pile of snow. The s amefoot prints we re outside of her house in Wa ll Lake. S he lied Her and Jam es being home a sleep allnight she contactedher mother at 2:05 A M on the 2 2 n d . Ariel le or Ja me s entered the house andtook the money bags from the kitchencounter.

Subscr ibed and sworn to before me by the saidthe 3 day o f Q u A * LU r ^ > . 20 / / .Signature

Complainant, on

MagistrateTCId/kor Notary Public in the State of lowa

MagistrateWARREN L B U f HJUDICIALMAG IST R AT E


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In the Iowa District Court in and for SAC County

Case No: 02811 FECR011820 Title: STATE VS JAMES PATRICK SEXTON

NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining

to the Use of the Electronic Document Management System.

What is required of you?You must register to use the Electronic Document Management System (EDMS).

If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at

https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the use of the Electronic Document Management System,available on the Iowa Judicial Branch eFiling website.

Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can begin

filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of

exceptional circumstances, the chief judge of thedistrict in which a case is pending may grant you an exemption

from registering and filing electronically.You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have

questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts

E-FILED 2014 JAN 08 10:53 AM SAC - CLERK OF DISTRICT COURT
https://www.iowacourts.state.ia.us/EFilehttps://www.iowacourts.state.ia.us/EFile


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In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files

to electric documentsAdministrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely

appear on a future court schedule as soon as implementation of EDMS begins in their respective counties.

2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in

each case type. Upon implementation of electronic filing in the County, the security level of

these electronic records shall be as identified by the EDMS Business Advisory Committee.

3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties

appearing pro se.

4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to

protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that

case.

5. After being notified of commencement of the electronic filing in that County, attorneys, parties

appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010

/s/ Kurt L. Wilke

Kurt L. Wilke, Chief Judge of the Second

Judicial District of Iowa



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In the Iowa District Court in and for SAC County

Case No: 02811 FECR011820 Title: STATE VS JAMES PATRICK SEXTON

NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining

to the Use of the Electronic Document Management System.

What is required of you?You must register to use the Electronic Document Management System (EDMS).

If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at

https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the use of the Electronic Document Management System,available on the Iowa Judicial Branch eFiling website.

Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can begin

filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of

exceptional circumstances, the chief judge of thedistrict in which a case is pending may grant you an exemption

from registering and filing electronically.You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have

questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts

https://www.iowacourts.state.ia.us/EFilehttps://www.iowacourts.state.ia.us/EFile


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In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files

to electric documentsAdministrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely

appear on a future court schedule as soon as implementation of EDMS begins in their respective counties.

2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in

each case type. Upon implementation of electronic filing in the County, the security level of

these electronic records shall be as identified by the EDMS Business Advisory Committee.

3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties

appearing pro se.

4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to

protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that

case.

5. After being notified of commencement of the electronic filing in that County, attorneys, parties

appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010

/s/ Kurt L. Wilke

Kurt L. Wilke, Chief Judge of the Second

Judicial District of Iowa



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.JAMES PATRICK SEXTON,

Defendant.

Case No. FECR011820

TRIAL INFORMATION

COUNT 1

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, JAMES PATRICK SEXTON (defendant) of the crime of THIRDDEGREE BURGLARY, a CLASS D FELONY in violation of Iowa Code sections

703.1 and 713.6A, committed as follows: On or January 22, 2011, in Sac County,

Iowa, defendant entered the residence of Bob and Susan Green at 107 5 th

Street, Lake View, Iowa 51450 (residence). The residence was an occupied

structure as defined by Iowa law. The defendant did not have permission or

authority to enter the residence. The residence was not open to the public. The

defendant entered the residence with the specific intent to commit a felony and /

or a theft.

COUNT 2

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, JAMES PATRICK SEXTON (defendant) of the crime of THEFT IN

THE SECOND DEGREE, a CLASS D FELONY in violation of Iowa Code

sections 714.1(1) and 714.2, committed as follows: On or about January 22,

2011, the defendant took possession or control of approximately $6,000.00

(property) from inside the home of Bob and Susan Green (collectively,

victims). The defendant did so with intent to deprive the victims of the property.The property, at the time of the taking, belonged to and / or was in the

possession of the victims.

E-FILED 2014 JAN 21 1:42 PM SAC - CLERK OF DISTRICT COURT


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A TRUE INFORMATION

Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791

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



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WITNESS LIST

MICHAEL NORRIS, Peace Officer (retired), City of Lake View Police Department

TED HELMICH, Chief of Police, City of Lake View Police Department

ROYCE KEMMANN, Pace Officer, City of Lake View Police Department

JAYME RIEDELL, Jerzees Employee (former)

BRANDI DROST, Jerzees Employee (former)

ARIELLE HENDERSON, Jerzees Employee (former)

VERIZON WIRELESS, Custodian of Records



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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

FECR011820 STATE VS JAMES PATRICK 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 2014-01-21 13:43:10 page 4 of 4



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

JAMES PATRICK SEXTON ,

Defendant.

Case No: 02811 FECR011820

ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 02/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.

Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall

remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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Request Robert Peterson effel 014IN THE IOWA DISTRICT COURT FOR A c C O U N T Y

STATE OF IOWA orPlaintiff/Petitioner,

1Criminal ivilN o iK 2

VS. J A mes EX -R I P ) FINANCIAL A FFID A VIT/A P P LIC A TIONF O R A P P O I N T M E N T O F C O U N S E LDefendant/Respondent.

In support of m y application for appointm ent of counsel, and under penalty of perjury, the undersigned states:P .5040n Birth Date:Home Phone:Street Address: S i td , L i 4 / - ( 0 0 a 5 f cro.s4cti i 3103 2Do you have a job? \Io Job J Yes, Full Time Yes rt Time (List Hours/week:Pending charges: 8 i y / n iiit fi;ftite =r A e . r a n i . . y t e In Jail? 0 Yes l No

Cell Phone: q l S 3 4 3 0 1 0 E-mail:Street: P.O. B ox pt ity tate ip

W ho do 'ou work for?How much money do you currently make before taxes or deductions? er ou r 21 month - >. earHow much money have you made in the last 12 m onths from any source, before taxes or deductions?How many family members are supported by or live with you? 3If a spouse lives with you, how much money does your spouse make? 0 er hour onth yyearList all other money you, or anyone else living in your household, has coming in:

List what you ow n including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than 100:

1st amounts you8ay monthly for mortgages, rent, car loans, credit cards, child support, or any other d ebts:

I understand 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 thisfinancial affidavit. I promise under penalty of perjury that th statements I ake in this application are trueand that I m unable to pay for an attorney to represent me.

Date 1

Name:

Rev 1/6/12

E-FILED 2014 FEB 02 9:16 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.JAMES PATRICK SEXTON ,

DEFENDANT.

02811 FECR011820

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 Robert Peterson, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 FEB 03 10:14 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-02-03 10:15:17

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STATE OF IOWA,

Plaintiff,vs.


Defendant.

02811 FECR011820

ORDER OF CONTINUANCE

This matter is continued, Arraignment Hearing is scheduled on 02/19/2014 at 11:00 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: ORDER FOR CONTINUANCE

So Ordered


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STATE OF IOWA,

Plaintiff,

v.JAMES PATRICK SEXTON,

Defendant.

CASE No. FECR011820

MOTION TO QUASHARREST WARRANT

COMES NOW the State of Iowa and for its Motion to Quash Arrest Warrant

states defendant, through his court-appointed attorney, Robert Peterson, has

agreed to voluntarily appear before this Court for his February 19, 2014,

arraignment. Additionally, attorney Peterson is not able to view the EDMS court

file for this case until the warrant is either returned or quashed. Quashing the

arrest warrant would serve the interests of justice. Attorney Peterson joins the

undersigned in this motion.

WHEREFORE, for the foregoing reasons, the State respectfully requests that

the arrest warrant filed herein on or around February 15, 2011, be quashed.

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



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STATE OF IOWA,

Plaintiff,

vs.


Defendant.


ORDER CANCELING WARRANT

Upon application of the State.

IT IS ORDERED that the order for warrant of arrest issued by this Court on February 15, 2011, andthe resulting warrant issued by the Clerk are canceled and shall be returned to the Clerk of Court.

Any costs are assessed against the defendant.

Clerk to provide copies to:County AttorneyCounsel for the defendant/DefendantSAC County Sheriff (Dispatch)

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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: OTHER ORDER

So Ordered


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E-FILED 2014 FEB 07 12:47 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWAPlaintiffv .

JAMES PATRICK SEXTON,Defendant.

Criminal No. FECR011820

WRITTEN ARRAIGNMENTAND PLEA OF NOT GUILTY


COMES NOW the above named defendant in the above captioned criminal case and under oathstates:

1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108West 8 th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4425.

2. My current mailing and residence addresses and telephone number are: 424 Altoona St,Sarasota, FL 34232 941-539-5640

3. I am 28 years old I can rei and unqrstand the English language and have completed thefollowing level of educationt_A

4. I have been advised by the above named attorney and understand that I have a right toarraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign thiswritten arraignment and plea of not guilty. I understand that times for fattier proceedingswhich are computed from the date of arraignment will be computed from the date of filing thiswritten arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) ofBurglary 3 r Degree in violation of Iowa Cone section(s) 03.1 713.6A (2011), and Theft in

the 2 Degree in violation of Iowa Code section(s) 714.1 and 714.2 (2011). I have read it, and Ihave familiarized myself witn its contents.

6. With regard to the name by which am charged in the indictment/trial information (either check"a" or check and complete "b"):[ X a. The name shown on the indictment/trial information is my true name. I have beenadvised and understand that I am now precluded from objecting to the indictment/trialinformation upon the ground I am improperly named..

b The name shown on the indictment/trial information is not my true name. My true nameis request that an entry be made in the minutes



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I day of

11. I request that a trial date be promptly set pu nt to rule 2 . 9), attorney and I will beavailable for trial on the following days.

DefendantState of Iowa Carroll County, ss.

Subscribed, sworn to, and acknowledged before me by Ja exton this20

ROBERT E PETERSONCommission Number 7584 4MY COM MI S S 1 QN E X P IRMA Y 21[se 4 .-

showing my true name. I have been advised and understand further proceedings will be hadagainst me by that name, the indictment/trial information will be amended accordingly, andwhen the indictment/trial information is so amended I will be precluded from objecting upon theground I am improperly named.

7. I have been advised and understand that I may plead guilty, not guilty, or former conviction oracquittal.

8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the abovenamed attorney, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge(s) of Burglary in r Degree and Theft in the 2n Degree.

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90days after indictment/filing of trial information and {check either "a" or "b"1:[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).[ X ] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

Notary public or other officer authorized to take andcertify acknowledgements and administer oaths.



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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.JAMES PATRICK SEXTON ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 18, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 04/02/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled.IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE

DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the

Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling

the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions

are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall

comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the

depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to

I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of

I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,

the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for

discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including

any evidence relating to the credibility of minuted witnesses.

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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2014 MAR 31 4:07 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 MAR 31 4:07 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.


Defendant.

02811 FECR011820

ORDER SETTING

GUILTY PLEA

Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing isscheduled on 04/16/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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E-FILED 2014 APR 01 11:41 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: ORDER TO ACCEPT PLEA

So Ordered


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31/45

IN THE IOWA DISTRICT COURT, IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR011820Plaintiff,

vs. STATEMENT OF PECUNIARY LOSS

JAMES PATRICK SEXTON,Defendant.

COMES NOW Benjamin John Smith, Sac County Attorney, as prosecuting attorney for the State ofIowa, and states to the Court that the victim requests that restitution be ordered in the above-captionedcause as shown below and/or on the attached sheets.

Victim Name/Address:SUSAN GREEN704 FIFTH STREETLAKE VIEW IA 51450

Type of Loss Amount of Loss Deductible Restitution Amount

Financial Damages $4,998.00 $0.00 $4,998.00

Total Restitution to be Ordered: $4,998.00

Dated this 1stday of April 2014.

Benjamin John Smith,Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: (712) 662-4791Fax: (712) 662-4123Email: [email protected]

PROOF OF SERVICE

The undersigned certifies that the foregoing instrument was servedupon all parties to the above cause by:

[x ] U.S.Mail, postage prepaid, in envelope addressed to the victim

[x ] Attorney of Record by EDMSon April 1, 2014by: /s/Norma Hecht

E-FILED 2014 APR 01 12:17 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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E-FILED 2014 APR 01 12:17 PM SAC - CLERK OF DISTRICT COURT


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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,


Defendant.

Case No. 02811 FECR011820

COURT REPORTER MEMORANDUM AND

CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: Robert PetersonOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):

1. The type of proceeding that was reported: Guilty Plea 2. The date(s) on which the proceeding occurred: April 16,2 014 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the

official court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.

/s/ Jessica J. Savits ___________________________________ District Court ReporterThese notes were electronically filed.

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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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STATE OF IOWA,

Plaintiff,

vs.


Defendant.


O R D E R

Date of Hearing: April 16, 2014

Charge: Count I: Third Degree Burglary, a Class D Felony, in violation of Iowa Code

Section(s) 703.1 and 713.6A

1. The Defendant was present with counsel, Robert Peterson. The State of Iowa

was represented by Ben Smith.

2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of

guilty to the above-described charge(s).

3. The conditions of Defendant's release, as previously established, shall remain

in effect pending sentencing.

4. The Court advised the Defendant of his right to file a motion in arrest of

judgment, pursuant to IRCrP 2.24(3), to preserve his right of appeal to the Iowa

Supreme Court based on any defect in the guilty plea proceeding.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

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1. A Sentencing Hearing is scheduled on 05/21/2014 at 10:30 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear

for this hearing.

2. The Department of Correctional Services shall prepare and file a presentence

investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa

Code Chapter 901. The clerk of court shall furnish to the Department of Correctional

Services a copy of the Trial Information and Minutes of Testimony.

3. The Defendant shall contact the Department of Correctional Services by

telephone or in person within 24 hours of the acceptance of the guilty plea to schedule a

presentence investigation interview.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

ROBERT EUGENE PETERSON

DEPARTMENT OF CORRECTIONAL SERVICES

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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: OTHER ORDER

So Ordered


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E - F I L E D 2014 AP R 16 11:25 AM S AC - C L E R K O F D I S T R I C T C O U R T

IN THE IOWA D ISTRICT C O U R T F O R S A C C O U N T Y

S T A T E OF IOWA,C a s e No. 02811 F E C R 0 1 1 8 2 0Plaintiff,

vs.J A M E S P A T R I C K S E X T O N , O R D E R

Defendant.

Date of Hearing: Apri l 16, 2014Char ge : Coun t I: Third De gree Bu rglary, a C l as s D Felony, in violation of lowa CodeSection(s) 703.1 and 713.6A

1. The Defendant was presentwithcoun se l , Robert Pete rson . T he State of lowawas represented by Ben Smith.

2. The Court , a f ter compl iance with IRCrP 2.8 2) b), accep ted De fendant s plea ofguilty to the above-descr ibed charge(s) .

3. The condit ions of Defenda nt s re lea se , as prev iously esta bl ishe d, sha l l remainin effect pending sentencing.

4. The Court advised the D efendant of h is rightto file a motion in arrest ofjudgment, pursuant to IRC rP 2.24(3), to prese rve hisright of appeal to the lowaSuprem e Court bas ed on any defect in theguilty p lea proceeding.

IT IS,T H E R E F O R E , T H E O R D E R O F T H E C O U R T as fol lows:

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E - F I L E D 2014 AP R 16 11:25 AM SA C - C L E R K O F D I S T R I C T C O U R T1. A Sentencing Hear ing is scheduled on 05/21/2014 at 10:30 AM at the Sac Co.

Courthous e, 100 NW State St., Sa c City, lowa. The De fendant shal l personal ly appea rfor this hearing.

2. The Department of Correct ional Serv ices sha l l prepare and file a presentenceinvestigation report at least 72 hours before the sentencing hearing, pursuant to lowaCode Cha pter 901. The clerk of court shall furnish to the D epartme nt of Correctiona lServ ices a copy ofthe Tr ial Information and Minutes of Test imony.

3. The Defendant shal l contact the Department of Correct ional Serv ices bytelephone or in personwithin 24 hours of the acc epta nce of the guilty p lea to schedule apres ente nce investigation interview.

C L E R K T O F U R N I S H C O P I E S TO :S A C C O U N T Y A T T O R N E YR O B E R T E U G E N E P E T E R S O ND E P A R T M E N T O F C O R R E C T I O N A L S E R V I C E S

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E-FILED 2014 APR 16 11:25 AM SA C - C L E R K OF DISTRICT COURT

StateofIowaCourtsCaseTitleST TEVSJ MES P TRICK SEXTONOTHER ORDER

So Ordered

Adria Kester,DistrictAssociate Judge,Second JudicialDistrictof lowa

Electronicallysigned on 2014 04 16 11:26:07

CaseNumberFECRO1182Type:


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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,


Defendant.


COURT REPORTER MEMORANDUM AND

CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: Robert PetersonOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Tara Gibson, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):

1. The type of proceeding that was reported: Sentencing 2. The date(s) on which the proceeding occurred: May 21, 2014 3. The name of the court reporter who reported the proceeding: Tara Gibson 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the

official court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.

/s/ Tara Gibson ___________________________________ District Court Reporter

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E-FILED 2014 MAY 21 10:51 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleFECR011820 STATE VS JAMES PATRICK SEXTONType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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1


STATE OF IOWA, :

Plaintiff, : FECR011820

v. :

JAMES PAREICK SEXTON, :: SENTENCING ORDER

!f!n"ant. :

##############################################################################

T$i% i% t$! ti&! fi'!" () t$! C*+t f* %!nt!n-in, t$! !f!n"ant $avin /!vi*+%l) !nt!!" a /l!a

*f +ilt) t* t$! *ff!n%! *fBurglary in the Third Degree, a Cla D !el"ny in #i"lati"n "! Se$ti"n %&'(&,

%&'()A, The Code. !f!n"ant a//!a% /!%*nall) an" it$ $i% att*n!), R*(!t P!t!%*n. T$! Stat! *f

I*a a//!a% () !na&in S&it$, Sa- C*+nt) Att*n!).

T$! /!3%!nt!n-! !/*t i% !-!iv!" () t$! C*+t. T$! C*+t i% inf*&!" t$at -*+n%!l f* t$! Stat!,

-*+n%!l f* t$! !f!n"ant, an" t$! !f!n"ant $av! $a" an *//*t+nit) t* !'a&in! t$! !/*t4 an" it i%

a!!" "+in t$! -*+%! *f t$! $!ain t$at t$i% !/*t -an (! -*n%i"!!" () t$! C*+t f* %!nt!n-in

/+/*%!%. N* !vi"!n-! i% /!%!nt!". T$! C*+t $!a% t$! %tat!&!nt% an" !-*&&!n"ati*n% () -*+n%!l f*

t$! !f!n"ant an" t$! Stat!. T$! !f!n"ant i% iv!n an *//*t+nit) t* &a5! a %tat!&!nt *n $i% *n

(!$alf. T$! C*+t f+ll) -*&/li!% it$ R+l! 2.26 *f t$! I*a R+l!% *f Ci&inal P*-!"+!. T$! !f!n"ant

%tat!% t$at $! $a% n* -a+%! * !a%*n $) +"&!nt %$*+l" n*t n* (! /*n*+n-!" aain%t $i&.

IT IS, THEREFORE, THE *UDG+ENT AND SENTENCE OF THE COURT , /+%+ant t*

I*a C*"! S!-ti*n% 701. an" 701.9 a% f*ll*%:1. T$! !f!n"ant i% +ilt) *f t$! -$a! *f Burglary in the Third Degree, a Cla D !el"ny

in #i"lati"n "! Se$ti"n %&'(&, %&'()A&-, The Code. T$! !f!n"ant i% %!nt!n-!" t* a

t!& *f fiv! ; )!a% it$ t$! !/at&!nt *f C*!-ti*n%, t$at %ai" )!a %!nt!n-! (!

%+%/!n"!" an" t$! !f!n"ant (! /la-!" *n /*(ati*n f* a /!i*" *f t* 2; )!a% t*

t$! S!-*n" J+"i-ial i%ti-t !/at&!nt *f C*!-ti*nal S!vi-!%. T$! !f!n"ant

%$all !/*t t* $i% /*(ati*na) %+/!vi%* it$in %!v!n "a)% *f t$! filin *f t$i% O"!.

2. P*(ati*n %$all in-l+"! t$! f*ll*in t!&% an" -*n"iti*n%:A. O(!) all +l!% an" !+lati*n% t$at a! %!t f*t$ () t$! S!-*n" J+"i-ial i%ti-t

!/at&!nt *f C*!-ti*nal S!vi-!%.

. !f!n"ant i% O"!!" t* /a)


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2

!/at&!nt *f C*!-ti*nal S!vi-!%.

C. !f!n"ant %$all $av! n* f+t$! vi*lati*n% *f t$! la.

. !f!n"ant %$all *(tain an" &aintain f+ll ti&! !&/l*)&!nt.

E. P+%+ant t* ?701.8A;, t$! !f!n"ant %$all /*vi"! a /$)%i-al %/!-i&!n f* t$!

/+/*%!% *f NA /*filin.

6. T$! !f!n"ant %$all /a) t$! -*%t% *f t$i% a-ti*n a% ta'!" () t$! Cl!5 an" %$all /a) tan%-i/t an"

!/*t! f!!% an" -*+t a//*int!" att*n!) f!!% in t$! %+& *f . !f!n"ant %$all /a) !%tit+ti*n in t$! a&*+nt *f ,778.00 a% %!t f*t$ in t$! RESTITUTION

SU++ARY fil!" A/il 1, 201>, all a&*+nt% /a)a(l! t* t$! Cl!5 *f i%ti-t C*+t.

. !f!n"ant i% fin!" t$! %+& *f


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Type: OTHER ORDER



So Ordered



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Wall Lake Man Found Guilty of Burglary in the 3rd Degree

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