Holstein Man Pleads Guilty To Theft in The 4th Degree

E-FILED 2014 JAN 29 1:10 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA
Plaintiff

vs

ALEX ELLSWORTH MILLER
Defendant

Case No. 02811 FECR012491

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
BURLARY 3RD
in violation of Section(s) 713.6A of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
02/10/2014 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 as
contempt of court.

/s/ SHELLEY BASS
CLERK 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 Magistrate
before 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 an
original notice (804.1).
E-FILED 2014 JAN 29 2:02 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR
Sac
DISTRICT COUKI OF IOWA
SAC COUNTY
' ' FILED
20l
l
FEB -3 PM |:28
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
Defendant/Respondent.
Criminal Civil
NO. ^cmm)
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
N a me : / \ l ^ M i j l ^ r Birth Date: 7 A V ^ /
Home Phone: l!?-^[$~7.ftf> Cell Phone: llZ'Zlfi'^ OH E-mail:ryljIer^^^hnSJO^r/l-}^ )j>ri
H
Street Address: SOft L Park Si
Street/P.O. Box
fete;
Apt # City
"4TL.
State Zip
In Jail? Yes #N o
Do you have a job? Of No Job Yes, Full Time Yes, Part Time (List Hours/week: )
Pending charges: Sw^Ja/y?
Who do you work for? NlPr
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?
t
JJ) _\QOO ?
How many family members are supported by or live with you? ^ -
I fa spouse lives with you, how much money does your spouse make? _ P
e r
CI. 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: ffu/.k -
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: Trying
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 llim Signature llf^/lJfkUj^
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.

ALEX ELLSWORTH MILLER ,

DEFENDANT.

02811 FECR012491

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 Peter Goldsmith, a contract attorney, is appointed.

1 of 2
E-FILED 2014 FEB 04 8:15 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
FECR012491 STATE VS ALEX ELLSWORTH MILLER
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2014-02-04 08:16:21
2 of 2
E-FILED 2014 FEB 06 3:37 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

Defendant.

Case No: 02811 FECR012491

INITIAL APPEARANCE

Charges:
01 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD)

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
Aggravated Misdemeanor
Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
5 Years Prison
And/Or $fine of not less than $750 nor greater than $7,500 plus 35% syrcharge and court
costs

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.
1 of 3

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:
Defendant shall obey all laws of Iowa and the U.S.

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 03/03/2014 at 9:00 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
2 of 3
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
STATE OF IOWA, CRIMINAL CAUSE NO. FECR012491
Plaintiff,
vs. TRIAL INFORMATION
ALEX ELLSWORTH MILLER,
DOB: 07/05/1994
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,
Alex Ellsworth Miller of the crime of BURGLARY IN THE THIRD DEGREE, a Class D
Felony in violation of Iowa Code Section 713.1, and 713.6A committed as follows:
The said Defendant, Alex Ellsworth Miller, on or about September 29, 2013, in
the County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the
third degree upon the property of Warrens Service Inc.
A TRUE INFORMATION
/s/Benjamin John Smith
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
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
THE STATE OF IOWA vs. ALEX ELLSWORTH MILLER WITNESS LIST
Criminal No. FECR012491
COUNT: 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
SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
WARREN EHRP, OWNER, WARREN'S SERVICE
MARK FOWLER, EMPLOYEE, WARRENS SERVIE
Type: Approval of Trial Information
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 2014-02-11 15:00:44 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled on 02/19/2014 at 11:00 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 such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause 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 Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


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

The defendant having filed a written arraignment in this matter on February 14, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as 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 shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior 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 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the 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.

1 of 3
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
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA CRIMINAL CAUSE NO. FECR012491
Plaintiff,
vs. STATEMENT OF PECUNIARY LOSS
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:
WARREN EHRP
WARREN'S SERVICE
2188 DEAN AVENUE
SCHALLER IA 51053
Type of Loss Amount
of Loss
Deductible Restitution
Amount
Financial Damages:
(Cash)
$40 $ n/a $40
Miscellaneous: $250.00 $ n/a $250
IPOD Touch
with Black and Gold Earbuds
Total Restitution to be Ordered: $290.00
Dated this 28
th
day of March 2014.
Benjamin John Smith, Sac County Attorney
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 ] by EDMS to Attorney of Record
on March 28, 2014
by: /s/Norma Hecht
E-FILED 2014 MAR 28 10:29 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 31 4:04 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 31 4:04 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 FECR012491

ORDER SETTING
GUILTY PLEA

Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing is
scheduled on 04/16/2014 at 11:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

1 of 2
E-FILED 2014 APR 01 11:43 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER TO ACCEPT PLEA
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

vs.


Defendant.


Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:

ORDER

Written guilty plea shall be filed by noon on May 7, 2014. If the defendant's written guilty plea is not
submitted at or before said time, an arrest warrant shall issue for the defendant.

Clerk to provide notice to counsel of record.
1 of 2
E-FILED 2014 APR 17 1:28 PM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, No. FECR012491
Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION
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 the
Defendant.
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 guilty to the charge of:
Count I - Theft in the Fourth Degree, a Serious Misdemeanor in violation of Iowa Code
Sections 714.1(1) and 714.2(4).
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.
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Copy to: PROOF OF SERVICE
The 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 April 18, 2014
by: [ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ ] Overnight Courier
[ ] Certified Mail [ x] EDMS
Signature: /s/Norma Hecht
STATE OF IOWA, CRIMINAL CAUSE NO. FECR012491
Plaintiff,
AMENDED
vs.
TRIAL INFORMATION
DOB: 07/05/1994
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, Alex Ellsworth Miller of
the crime of THEFT IN THE FOURTH DEGREE, a Serious Misdemeanor in violation of Iowa
Code Sections 714.1(1) and 714.2(4) committed as follows:
The said Defendant, Alex Ellsworth Miller, on or about September 29, 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 $200 but not exceeding $500, with
the intent to deprive the other thereof, to wit: Defendant took possession or control of property
belonging to Warrens Service, and the property is valued at approximately $290.00.
A TRUE INFORMATION
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
STATE OF IOWA,

Plaintiff,

vs.


Defenant.

Case N!. FECR"#$%&#

ORDER

NOW, !n t'is #(
t'
a) !f A*+il, $"#%, t'e C!,+t is in +e-ei*t !f t'e State.s M!ti!n
t! A/en T+ial Inf!+/ati!n. T'e M!ti!n t! A/en s'!,l 0e 1+ante.
IT IS THEREFORE ORDERED t'at t'e State.s M!ti!n t! A/en T+ial
Inf!+/ati!n is 1+ante.

Cle+2 t! f,+nis' -!*ies t!3
C!,nt) Att!+ne)
Defense C!,nsel

Type: OTHER ORDER
So Ordered
E-FILED 2014 MAY 05 8:11 AM SAC - CLERK OF DISTRICT COURT
THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )
) CRIM. NO. FECR012491
Plainti, )
) ORDER ACCEPTIN! P"EA
#$. ) AND %UD!MENT ENTRY
)
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COPIES TOD
C,-nt3 Att,(n*3
D**n$* Att,(n*3
Type: OTHER ORDER
So Ordered
E-FILED 2014 MAY 07 4:13 PM SAC - CLERK OF DISTRICT COURT

Holstein Man Pleads Guilty To Theft in The 4th Degree

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Holstein Man Pleads Guilty To Theft in The 4th Degree

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E-FILED 2014 JAN 29 1:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

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