E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

SUMMONS OR TO:

CITATION

Case no. 02811

FECR012472

TERRY LEE RANDOL 810 CLINTON STREET DES MOINES IA 50313 09/13/55 DOB: SS/PIN: SA1273844 YOU ARE HEREBY NOTIFIED t h a t you have been charged w i t h the crime of (2), BURGLARY 3RD 713 (3)

ONGOING CRIMINAL CONDUCT, THEFT 2ND

i n v i o l a t i o n of S e c t i o n 706.A, 714.1,

of the Iowa C r i m i n a l Code./

You 8:30

a r e , t h e r e f o r e , ORDERED TO APPEAR t o answer t h i s charge at .M. on the 16th day of December , 2 013 i n the of

o ' c l o c k AM

Magistrate Sac City. YOU

Courtroom on the 2nd

f l o o r of the Courthouse i n the C i t y

ARE

FURTHER NOTIFIED t h a t f a i l u r e t o appear may court.

c o n s t i t u t e a crime

or be p u n i s h a b l e as contempt of

Donna Geery, C l e r k of D i s t r i c t Court

Date of t h i s m a i l i n g : 1 2 / 0 6 / 1 3 IF YOU DO NOT APPEAR ON THE FOR YOUR ARREST! ABOVE DATE AND TIME, A WARRANT WILL BE ISSUED

Note: I f i s s u e d p u r s u a n t t o S e c t i o n 804.1 of the Code, t h i s n o t i c e may be s i g n e d by the M a g i s t r a t e b e f o r e whom the c o m p l a i n t was f i l e d ; o t h e r w i s e i t must be s i g n e d by the C l e r k of C o u r t . SERVICE: A l t h o u g h p e r s o n a l s e r v i c e i s p r e f e r a b l e , t h i s n o t i c e can be i n the manner of an o r i g i n a l n o t i c e (804.1). served

I f you r e q u i r e the a s s i s t a n c e of a u x i l i a r y a i d s o r s e r v i c e s t o p a r t i c i p a t e i n c o u r t because of a d i s a b i l i t y , i m m e d i a t e l y c a l l y o u r d i s t r i c t ADA c o o r d i n a t o r at (641)421-0990. ( I f you are h e a r i n g i m p a i r e d , c a l l R e l a y Iowa a t 1-800-735-2942.)

E-FILED 2013 DEC 16 10:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012472 vs. TERRY LEE RANDOL , Defendant. INITIAL APPEARANCE

Charges: 01 - 706A.2(4) - ONGOING CRIMINAL CONDUCT - UNLAWFUL ACTIVITY (FELB) 02 - 714.10 - FRAUDULENT PRACTICE 2ND DEGREE - 1978 (FELD) 03 - 714.10 - FRAUDULENT PRACTICE 2ND DEGREE - 1978 (FELD) 04 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD) 05 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD) 06 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD) Defendant is charged with three counts of burglary in the 3rd degree which are all class D felonies, two counts of theft in the second degree which are also class D felonies, and one count of ongoing criminal conduct which is a class B felony The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been 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 attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper 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 (5); Class B (1) 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
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E-FILED 2013 DEC 16 10:03 AM SAC - CLERK OF DISTRICT COURT

Each Class D up to 5 years in prison and the class B up to 25 Years Prison And/Or $750.00 to $7,500 plus 35% surcharge and court costs for each of the class D felonies 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 this Court. 5. (a) You will be released from custody prior to trial on your own promise to appear at all further 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 not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: You must post a cash or surety bond in the amount of $50,000 ($5,000 for each class D and $25,000 for the class B felony.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to 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 hearing is: Waived Preliminary Hearing is scheduled on 12/23/2013 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 at 712-662-4791 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 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. 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 Defendant Defendant Sac County Sheriff
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E-FILED 2013 DEC 16 10:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012472 Type: Case Title STATE OF IOWA VS. TERRY LEE RANDOL HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-12-16 10:03:55

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E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TERRY LEE RANDOL, DOB: 09/13/1955 Defendant. CRIMINAL CAUSE NO. FECR012472

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, Terry Lee Randol of the crime of COMMISSION OF SPECIFIED UNLAWFUL ACTIVITY, a Class B Felony in violation of Iowa Code Sections 706A.1 and 706A.2(4) committed as follows: The said Defendant, Terry Lee Randol, on or about March 25, 2013 through October 10, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Burglary and Theft, acts for financial gain on a continuing basis, that are punishable as indictable offenses (Class D Felony).

COUNT II 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 of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code Sections 714.1 and 714.2(2) committed as follows: The said Defendant, Terry Lee Randol, on or about October 1, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Theft in the Second Degree by taking property belonging to Mary Broderson from 3975 Dean Avenue, Kiron Iowa; said property having a value exceeding $1,000 but not exceeding $10,000.

E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

COUNT III 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 of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code Sections 714.1 and 714.2(2) committed as follows: The said Defendant, Terry Lee Randol, on or about October 8, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Theft in the Second Degree by taking property belonging to Marlin Gunderson from 2238 390th Street, Kiron Iowa; said property having a value exceeding $1,000 but not exceeding $10,000. COUNT IV 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 of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Sections 713.1 and 713.6A committed as follows: The said Defendant, Terry Lee Randol, on or about September 16, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Burglary in the Third Degree upon the property of Fertig Farms at 2236 390th Street Wall Lake Iowa.

COUNT V 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 of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Sections 713.1 and 713.6A committed as follows: The said Defendant, Terry Lee Randol, on or about September 24, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Burglary in the Third Degree upon the property of Timothy Gunderson at 1360 390th Street, Kiron Iowa.

E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

COUNT VI 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 of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Sections 713.1 and 713.6A committed as follows: The said Defendant, Terry Lee Randol, on or about October 4, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Burglary in the Third Degree upon the property of Timothy Gunderson at 1360 390th Street Kiron Iowa. A TRUE INFORMATION

/s/Benjamin John Smith

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. TERRY LEE RANDOL Criminal Cause: FECR012472 COUNT I: Commission of Specified Unlawful Activity COUNT II: Theft in the Second Degree COUNT III: Theft in the Second Degree COUNT IV: Burglary in the Third Degree COUNT V: Burglary in the Third Degree COUNT VI: Burglary in the Third Degree NAMES OF WITNESSES:
KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT DARWIN CHAPMAN OR DESIGNATED CRMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY DCI CRIMINALISTICS LABORATORY KATHLEEN ROSE HELLER, OCCUPATION UNKNOWN JAMES KECK, OCCUPATION UNKNOWN TIMOTHY GUNDERSON, FARMER MARLIN RALPH GUNDERSON, RETIRED MARY BRODERSON, OCCUPATION UNKNOWN RICK BRODERSON, OCCUPATION UNKNOWN FERTIG FARMS, DALE FERTIG AND SHARON FERTIG, FARMERS SCOTT JACOBS, FARMER RAY WILLHOITE, FARMER FORREST DWAYNE PRESLEY, OCCUPATION UNKNOWN MARY LOUISE SIEBRECHT, OCCUPATION UNKNOWN LADON JOHN SIEBRECHT, FARMER

E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012472 Approval of Trial Information Case Title STATE OF IOWA VS. TERRY LEE RANDOL

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2014-01-13 11:15:38

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E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, VS. TERRY LEE RANDOL, Defendant. T&e TRIAL INFORMATION and t&e MINUTES OF EVIDENCE in t&i' (atte) &a*e +een e,a(ined and f-.nd t- /-ntain '.ffi/ient e*iden/e, if .ne,0lained, t- 1a))ant a /-n*i/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 ORDERED, t&e Defendant '&all 0e)'-nall2 a00ea) f-) Arraignment at t&e Sa/ C-.nt2 C-.)t&-.'e, Di't)i/t C-.)t)--(, Sa/ Cit2, I-1a -n t&e 27th da2 -f Januar 2!"# at $%!! a&m&. T&e Defendant i' ad*i'ed t&at fail.)e t- a00ea) 1ill )e'.lt in t&e i''.an/e -f an a))e't 1a))ant. IT IS FURT'ER ORDERED, t&e Defendant5' +-nd and /-nditi-n' f-) )elea'e f)-( /.'t-d2 in t&i' (atte) '&all +e6 Defendant i' )elea'ed -n 0e)'-nal )e/-4ni7an/e. %-nd i' 'et in t&e a(-.nt -f 89999999999999999. %-nd (a2 +e .n'e/.)ed. %-nd (.'t +e /a'& -) 'e/.)ed in t&e a(-.nt -f t&e %-nd. 0: /a'& (a2 +e 0-'ted. ()n* +re,i)u-. -et, at the initia. a++earan/e, -ha.. /)ntinue& Cle); -f C-.)t '&all i''.e a '.((-n' f-) Defendant t- A00ea). Cle); -f C-.)t '&all i''.e an a))e't 1a))ant. Other C)n*iti)n- )0 Re.ea-e% De0en*ant -ha.. )1e a.. Fe*era., State, an* L)/a. .a2-& T&e Defendant '&all &a*e n- /-nta/t 1it& t&e *i/ti( -) an2 1itne'' 'et f-)t& in t&e (in.te' -f e*iden/e in t&i' (atte). T&e Defendant '&all +e -n 0)e<t)ial '.0e)*i'i-n t- t&e Se/-nd =.di/ial Di't)i/t De0a)t(ent -f C-))e/ti-nal Se)*i/e'. Ot&e)6 CRIMINAL NO. FECR0 !"#! ORDER SET ARRAI$NMENT And APPROVE %OND

State of Iowa Courts Type: Case Number FECR012472 ORDER FOR ARRAIGNMENT Case Title STATE OF IOWA VS. TERRY LEE RANDOL So Ordered

Electronically signed on 2014-01-13 11:15:40

page 2 of 2

DISTRICT C O U R T OF I O W A SAC COUNTY

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or PlamtiffiTetirioner,

Sac

2 0 1 * 1J A N1 5 A M lis 06
COUNTY Criminal Civil

NO. rtcmwxL
FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name:^ Home Phone: Cell Phone:
Q I J
C

^ B i r t h

Date:

^A ^ T

E-mail: ^ f ^ J J O g ^ A ^ cState I ^ J <-H>$ / Zip

v

Street Address: \ g / & < Z / J A J T Street/P.O.Box Pending charges: J?t&fy/&t

A f e Apt# City

t / y Yes, Full Time J Yes, Part Time (List Hours/week:

InJail?^Yes C2No )

Do you have a job? /Ef^No Job Who do you work for?

How much money do you currently make before taxes or deductions?

per hour month year

How much money have you made in the last 12 months from any source, before taxes or deductions? How many family members are supported by or Kve with you? / ) If a spouse lives with you, how much money does your spouse make? . ^ j r f e t hour month year

List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $ 100:
L _

/) " '
/

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

137
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me. Date S / K / < i / Signature . ^ ^ V f
Rev. 1/6/12

E-FILED 2014 JAN 16 8:36 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TERRY LEE RANDOL , DEFENDANT. 02811 FECR012472 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 financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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E-FILED 2014 JAN 16 8:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012472 Type: Case Title STATE OF IOWA VS. TERRY LEE RANDOL ORDER APPOINTING So Ordered

Electronically signed on 2014-01-16 08:36:59

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E-FILED 2014 JAN 24 10:14 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOURT FOII SAC COUNTY STATEOF IOWA, vs. TERRYLEE RANDOL Defendant
DateTrial Infornatiott llled: 0l/13/2014 criminalcascand underoathstates: in the above-captioned COMES NOW the Def'endant whoscaddress and phonenumbcrare A. Schulte. by Attorncl"Charles l. I am represented (712)662-4715. 421 Main St.,PO Box 392,SacCity. IA. 50583; address and phonenumberare 810 Clinton Ave., 2. M-vcurrentmailing and residence IA 503l3. My phonenunberis: NO PHONE. My dateof birthis 09-13Dcs Moines. the following and havecompleted the Englishlanguage 1955. I canreadand understand l2 Years. level of education: that I have a right to arraignment 4. I havebeen advisedby my attomey and understand instead to sign this Written in openCourt,and I voluntarilyrvaivethatright, choosing that times for furthcrproceedings and Pleaof Not Guilty. I understand Arraignment which are computedliom the date of arraignmentrvill be computedfrom the dateof and Pleaof Not Guilty. filing this Written Arraignment me with the crimc of which charges a copy of the Trial Intbrmation 5. I havereceived COUNT I: COMMISSION OF SPECIFIED UNLAWFUL ACTIVITY in violation of Iorva Code Section?06A.1 and 706A.2(4);COUNT II: THEFT IN THE SECOND COUNT III: THEFT DEGREE in violation of Iowa Code Section174.1and714.2(2); and 714.2(2); IN THE SECOND DEGREE in violation of lowa Code Section 71'1.1 COUNT IV: BURGLARY IN THE THIRD DEGREE in violation of lorva Code 713.1and 713.64;COUNT V: BURGLARY IN THE THIRD DEGREE in Section violation of Iowa Codc Section713.1and 713.64; COUNT Vl: BUIIGLARY IN THE THIRD DEGREE in violation of Iorva Code Section713.1and 713'64. in the frial Information(eithercheck to the nameby which I am charged 6. With regard "a" or checkand complete"b"): -'' 11t'fne nameon the Trial Inlbrmationis my true name. I havebeenadvised to the Trial Inlbrmationuponthe from objecting rharI am nou precluded andund6rstand groundthat I am improperly named. ( )b. 'l'he name shorvnon the Trial Information is not my true name My true nameis. i requestthat an entry be madein the minutes showing my true name. I have

NO FECROI2472 CRIMINAL WRITTENARITAIGNMENT, PLEAOFNOT GUILTY

E-FILED 2014 JAN 24 10:14 AM SAC - CLERK OF DISTRICT COURT

furtherproceedings will bc had againslme by that name. and understand beenadvised is so accordingly, and whenthe Trial Information thc Trial Informationwill be amended from objecting uponthe groundsI am improperlynamed. amended, I will be precluded that I may pleadguilty. not guilty or former 7. I havebeenadvisedand understand convictionor acquittal. my casewith I havehad sufficienttime to discuss of this anaignment. 8. For the purpose my attomey. and I waive any further time in which to entera plea. 5 above. in paragraph 9. I pleadNOT GUILTY to the charges o1'1he and understand that I havea right underRule 2.33(2)(b) 10. I havebeenadvised Iowa Ruleso.fCriminal Procedure to a trial within ninety days/oneycar after the filing of thc Trial lnformationand (checkeither"a" or "b"): ," and (c). trial pursuant to Rule 2.33(2)(b) tlz{a. I demnd speedy and (c). ( ) b. I waii,emy right to a speedy to Rule 2.33(2)(b) trial pursuant ttf Crimincl of the.lol,aRules thatatrial datcbesetpursuanttoRule8.l ll. I request for trial on the following days:Any Procedure.My attorneyand I will be available Time.

Attorney for Defendant Original to be filed with Clerk of Court Copy providcd to: Sac County Attorney

E-FILED 2014 JAN 24 1:17 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TERRY LEE RANDOL , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on January 24, 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 Charles A. Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on April 8, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 03/10/2014 at 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 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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Case No. 02811 FECR012472

ORDER FOR TRIAL

E-FILED 2014 JAN 24 1:17 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE

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E-FILED 2014 JAN 24 1:17 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012472 Type: Case Title STATE OF IOWA VS. TERRY LEE RANDOL ORDER SETTING TRIAL So Ordered

Electronically signed on 2014-01-24 13:18:31

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E-FILED 2014 FEB 21 1:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TERRY LEE RANDOL, Defendant. T%i& 'a&e 'a(e )efo*e t%e Co+*t on t%e ,a*tie& -oint *e.+e&t fo* an o*de* &'%ed+lin/ a ,lea %ea*in/. T%e Co+*t, afte* *evie0in/ t%e *e'o*d and )ein/ advi&ed in t%e ,*e(i&e& FINDS and ORDERS a ,lea %ea*in/ in t%i& (atte* &%all )e and i& &'%ed+led fo* Fe)*+a*1 !", !0 ", at 230 ,.(. in t%e 'o+*t*oo( at t%e Sa' Co+nt1 Co+*t%o+&e, Sa' Cit1, Io0a 40453. IT IS FURTHER ORDERED if t%e defendant fail& to ,e*&onall1 a,,ea* )efo*e t%i& Co+*t at t%e a)ove6&'%ed+led date and ti(e, a )en'% 0a**ant (a1 i&&+e fo* defendant7& a**e&t. ORDER SETTIN$ PLEA HEARIN$ CASE No. FECR0 !"#!

E-FILED 2014 FEB 21 1:34 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012472 OTHER ORDER Case Title STATE OF IOWA VS. TERRY LEE RANDOL So Ordered

Electronically signed on 2014-02-21 13:34:17

page 2 of 2

E-FILED 2014 FEB 24 3:12 PM SAC - CLERK OF DISTRICT COURT

2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. TERRY LEE RANDOL , Defendant.

Case No. 02811 FECR012472

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 Smith For the Defendant: Chuck Schulte Other: 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 Civil Procedure 1.903(3): 1. The type of proceeding that was reported: guilty plea 2. The date(s) on which the proceeding occurred: February 24, 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: Gary McMinimee 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 the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/ Tara Gibson ___________________________________ District Court Reporter
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E-FILED 2014 FEB 24 3:12 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012472 Type: Case Title STATE OF IOWA VS. TERRY LEE RANDOL COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered

Electronically signed on 2014-02-24 15:12:56

2 of 2

E-FILED 2014 FEB 24 3:20 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 FECR012472 Plaintiff, vs. TERRY LEE RANDOL , Defendant. ORDER

Date of Hearing: February 24, 2014 Charge: Theft in the Second Degree and Burglary in the Third Degree, in violation of Iowa Code Section(s) 714.1 and 714.2(2) and 713.1 and 713.6A 1. The Defendant was present with counsel, Charles Schulte. 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. The plea agreement was set forth on the record IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

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E-FILED 2014 FEB 24 3:20 PM SAC - CLERK OF DISTRICT COURT

1. A Sentencing Hearing is scheduled on 03/24/2014 at 11:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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. If the Defendant is confined, the sheriff shall transport the Defendant to the courthouse for this hearing. The Defendant shall personally appear

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE DEPARTMENT OF CORRECTIONAL SERVICES SAC COUNTY SHERIFF

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E-FILED 2014 FEB 24 3:20 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012472 Type: Case Title STATE OF IOWA VS. TERRY LEE RANDOL OTHER ORDER So Ordered

Electronically signed on 2014-02-24 15:20:44

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E-FILED 2014 MAR 12 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA vs. Plaintiff, CRIMINAL CAUSE NO. FECR012472

STATEMENT OF PECUNIARY LOSS

TERRY LEE RANDOL, Defendant. COMES NOW Benjamin John Smith Sac County Attorney as prosecuting attorney for the State of Iowa, and states to the Court that the victim requests that restitution be ordered in the above-captioned cause as shown below and/or on the attached sheets. Victim Name/Address: Mary (Rick) BRODERSON 25 N GROVE PO Box 144 KIRON IA 51448
Type of Loss Financial Damages Property Damages Miscellaneous (Stolen Property)Generator Amt of Loss $ $ $ 400.00 Deductible $ $ $ n/a Restitution Amt $ $ $ 400.00

Total Restitution to be Ordered: $400.00 Dated this 12th day of March, 2014.

Benjamin John Smith, Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 (712) 662-4791 Fax: (712) 662-4123 attorney@saccounty.org
PROOF 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 ] Faxing to a fax machine number provided to our office to DOC [x ] EDMS to attorney of record

On March 12, 2014 By: /s/Norma Hecht

E-FILED 2014 MAR 12 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA Plaintiff, vs. TERRY LEE RANDOL, Defendant. CRIMINAL CAUSE NO. FECR012472

STATEMENT OF PECUNIARY LOSS

COMES NOW Benjamin John Smith Sac County Attorney as prosecuting attorney for the State of Iowa, and states to the Court that the victim requests that restitution be ordered in the above-captioned cause as shown below and/or on the attached sheets. Victim Name/Address TIMOTHY GUNDERSON, 1393 360th Street , KIRON IA 51448 1992 Chevy Pickup --- recovered Pickup had full tank of gas when stolen but tank when recoveredcost to refill tank $ 75.00 Towing charges from Hardin County Sheriffs office 149.80 Cost to haul pickup back from Hardin County . 620.00 (Mr. Gunderson conferred with a local hauling company to compute the cost of retrieving the pickup.) 1- 50 extension cord 65.99 1- 100 extension cord 89.99 Copper lines (stolen; replaced and stolen again) 269.64 Welding cables (stolen; replaced and stolen again) 231.31 Bolt cutters 56.99 Propane torch recovered by sheriff 59.99 2 gallons oil Rotella 15-40 28.98 Total loss for Timothy Gunderson $1647.69 Total Restitution to be Ordered: Dated this 12th day of March 2014. $1,647.69

Benjamin John Smith, Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 (712) 662-4791 Fax: (712) 662-4123 attorney@saccounty.org

PROOF 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 envelope addressed to the victim. [x] Faxing to a fax machine number to DOC [] Hand Delivery th [x ] EDMS to Attorney of record on the 12 day of March 2014, by: /s/Norma Hecht

E-FILED 2014 MAR 24 9:18 AM SAC - CLERK OF DISTRICT COURT

2RCR25

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 FECR012472 PLAINTIFF, vs. TERRY LEE RANDOL , DEFENDANT. ORDER

The State has orally moved to continue the hearing scheduled for March 24, 2014. That motion should be granted. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. The Motion to Continue is granted. 2. The Hearing is scheduled on 04/07/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE Sheriff

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E-FILED 2014 MAR 24 9:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012472 Type: Case Title STATE OF IOWA VS. TERRY LEE RANDOL ORDER FOR CONTINUANCE So Ordered

Electronically signed on 2014-03-24 09:19:12

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E-FILED 2014 MAR 31 2:33 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TERRY LEE RANDOL, Defendant. CRIMINAL CAUSE NO. FECR012472

STATEMENT OF PECUNIARY LOSS

COMES NOW Benjamin John Smith Sac County Attorney, as prosecuting attorney for the State of Iowa, and states to the Court that the victim requests that restitution be ordered in the above-captioned cause as shown below and/or on the attached sheets. Victim Name/Address: Dale and Sharon Fertig FERTIG FARMS 2217 390TH STREET WALL LAKE IA 51466

Description of Loss: Dewalt tools and batteries $1437.00 Electric wire & extension cords 2345.00 Copper pipe 1050.00 Broken door and knob 250.00 Insurance payment -2438.09 Balance due $2,643.91
Type of Loss Property Damages Property Loss Total Loss Amount of Loss $ 250.00 $4,832.00 $5,082.00 Insurance Payment Restitution Amount

-$2,438.09

$2,643.91

Total Restitution for this Victim: $ 2,643.91

Dated this 31st day of March 2014.

Benjamin John Smith Sac County Attorney Sac County Courthouse, 100 NW State St., Suite 9 Sac City IA 50583 Phone: (712) 662-4791 Fax: (712) 662-4123 Email: attorney@saccounty.org
PROOF 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 to Victim [x] EDMS- Attorney of Record on March 31, 2014 by: /s/Norma Hecht