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E-FILED 2013 OCT 10 9:40 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,
vs.
TERRY LEE RANDOL , Defendant.
Case No: 02811 FECR012427
INITIAL APPEARANCE
Charges:01 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD)02 - 713.7 - POSSESSION OF BURGLAR'S TOOLS - 1983 (AGMS)
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 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
7 Years Prison
And/Or $fines of not less than $1,375 nor greater 13,750 plus 35% surcharge and courtcosts
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E-FILED 2013 OCT 11 11:16 AM 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 forCourt-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 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 post a cash or surety bond of $7,500
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 10/21/2013 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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E-FILED 2013 OCT 11 11:16 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012427 STATE VS TERRY LEE RANDOL
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-10-11 11:16:11
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E-FILED 2013 OCT 11 11:16 AM SAC - CLERK OF DISTRICT COURT
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I N T H EI O W A D I S T R I C TC O U R T F O R1013OCT M h S
Sac C O U N T Y
S T A T E O F I O W A orPlaintiff/Petit ioner,
itTResefendant/Respondent.
C r i m i n a l Civ i lNo.
F I N A N C I A L A F F I D A V I T / A P P L I C A T I O NF O R A P P O I N T M E N T O F C O U N S E L
pport ot my-app lication tor appointm ent ot counsel, and under pena lty ot perjury, tne undersigned state:S P l Birth Date: ? / /
In supportofmy-application fo rappointmentofcounsel,a nd underpenaltyo fperjury,theundersignedstatesNameHome Phone: CellPhone: E-mail:StreetAddress
Street/P.O.Box Apt City State ZipPendingcharges: / P U f a t o f V In Jail? Yes N oDo youhaveajob? Sr -N o Job Y e s ,Full Time Y es,PartTime (ListHours/week: )Who do youworkfor?H owmuchmoneydo youcurrentlymake beforetaxesordeductions? _f_ 7) per hour month year
H o wmuchmoneyhaveyo umadein thelast 12monthsfrom anysource, beforetaxesordeductions? f 1H owmanyfamilymembersaresupportedby or liv e withyou? v L /I faspouse lives with you, howmuchmoneydoesyourspousemake? per hour month yearLis t al lothermoneyyou, oranyone elseliving inyourhousehold,has comingin: A J /JLLis twhatyou ow n includingmoneyinbanks, cars,trucks,othervehicles,land,houses,buildings, cash,oranythingelseworthmore than 100:
A J _ fLis tamountsyou pay monthlyf ormortgages,rent,carloans, creditcards,childsupport,or anyotherdebts:{
A 1/ *I understand I may be required to repay the State for all or part o f 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 the statements I make .in-this application are trueand that I am unable to pay for an attorney to represent me. ^*>~ ~~ '1'A" s"
/\ t H l '13 Signature * i ^ U I / J ^ t f r t U gate . . . - .. - - -
Rev.1/6/12
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,VS.TERRY LEE RANDOL ,
DEFENDANT.
02811 FECR012427
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 Scott Schleisman, 823 W Main St., Lake City, IA (712) 210-0543, a contract attorney, isappointed.The defendant shall contact their attorney within 48 hours.
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E-FILED 2013 OCT 12 8:59 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012427 STATE VS TERRY LEE RANDOL
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2013-10-12 08:59:32
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E-FILED 2013 OCT 12 8:59 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.TERRY LEE RANDOL,
DOB: 09-13-1955
Defendant.
CASE NO. FECR012427
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, TERRY LEE RANDOL (defendant) of the crime of THIRD DEGREE
BURGLARY, a CLASS D FELONY in violation of Iowa Code sections 703.1 and
713.6A committed as follows: On or around October 10, 2013, in Sac County,
Iowa, defendant entered the residence at 3705 Wadsley Avenue, Auburn, Iowa
51433 (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 did so 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, TERRY LEE RANDOL (defendant) of the crime of POSSESSION
OF BURGLARS TOOLS, an Aggravated Misdemeanor in violation of Iowa Code
section 713.7 committed as follows: On or around October 10, 2013, in Sac
County, Iowa, defendant had the following items in his possession: binoculars,
facemask, hose, propane torch, flashlight, headlamp, box of zipper bags, large
bolt cutters, large knife, wire cutters (collectively, tools). The defendant intended
to use the tools to commit a burglary.
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A TRUE INFORMATION
Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
FECR012427 STATE VS TERRY LEE RANDOL
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 2013-10-21 09:10:40 page 3 of 3
E-FILED 2013 OCT 21 9:10 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.TERRY LEE RANDOL,
Defendant.
CASE NO. FECR01!"
ORDER SET ARRAI#N$ENTAND %OND
T&e TRIAL INFOR$ATION and t&e $INUTES OF E'IDENCE in t&i( )atte*
&ave +een ea)ined and f-nd t- /-ntain (ffi/ient eviden/e, if nelained, t-
a**ant a /-nvi/ti-n in a t*ial +2 3*2, t&e*ef-*e, t&i( )atte* (&all +e (et f-*
A**ai4n)ent.
IT IS HERE%Y ORDERED, t&e defendant (&all e*(-nall2 aea* f-*
A**ai4n)ent at t&e Sa/ C-nt2 C-*t&-(e, Di(t*i/t C-*t*--), 100 NW StateSt*eet, Sa/ Cit2, I-a -n November 4, 2013 at 9:00 a.m.
T&e Defendant i( HERE%Y NOTIFIED t&at fail*e t- aea* ill *e(lt in t&e
i((an/e -f an a**e(t a**ant.
IT IS FURTHER ORDERED, t&e Defendant5( +-nd and /-nditi-n( f-* *elea(e
f*-) /(t-d2 in t&i( )atte* (&all +e6
7Defendant i( *elea(ed -n e*(-nal *e/-4ni8an/e.
7%-nd i( (et in t&e a)-nt -f 9 .
7%-nd )a2 +e n(e/*ed.
7%-nd )(t +e /a(& -* (e/*ed in t&e a)-nt -f t&e
%-nd.
710: /a(& )a2 +e -(ted.
X Bond previously set shall continue.
Ot&e* C-nditi-n( -f Relea(e6
7T&e Defendant (&all +e -n *e;t*ial (e*vi(i-n t- t&e Se/-nd
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
FECR012427 STATE VS TERRY LEE RANDOL
So Ordered
Electronically signed on 2013-10-21 09:10:41 page 2 of 2
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E-FILED 2013 NOV 04 8:17 AM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.TERRY LEE RANDOL ,
DEFENDANT.
Case No. 02811 FECR012427
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onNovember 4, 2013.
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 Scott Schleisman.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on December 17, 2013 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/25/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY
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E-FILED 2013 NOV 04 8:47 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012427 STATE VS TERRY LEE RANDOLType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-11-04 08:46:59
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E-FILED 2013 NOV 04 8:47 AM SAC - CLERK OF DISTRICT COURT