Probation Violation Hearing Scheduled For Sac City Man Who Pleaded Guilty To Possesion and Driving While Barred

E-FILED 2013 JUL 01 2:49 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

TYREL LYNN BROUCHOUS ,
Defendant.

Case No: 02811 AGCR012346

INITIAL APPEARANCE
POSSESSION OF A CONTROLLED
SUBSTANCE

Charges:
01 - 124.401(5)C - POSS OF A CONTROLLED SUBSTANCE-MARIJUANA-3RD OR SUBSQ
(AGMS)

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
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
2 Years Prison
And/Or $5000.00
You will lose your driver's license for a period of days.

1 of 3
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:
(1) You must not use any alcohol or illegal drugs during the pendency of this matter.
(2) You must obey all laws of Iowa and the U.S.
(3) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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 at : AM at the .

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
State of Iowa Courts
Case Number Case Title
AGCR012346 STATE VS TYREL LYNN BROUCHOUS
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-07-01 11:02:02
3 of 3
STATE OF IOWA,
Plaintiff,
v.
TYREL LYNN BROUCHOUS,
DOB: 08-05-1991
Defendant.
Case No. AGCR012346
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,
Tyrel Lynn Brouchous (defendant) of the crime of POSSESSION OF A
CONTROLLED SUBSTANCE THIRD OFFENSE, a Class D Felony in violation of
Iowa Code section 124.401(5), committed as follows: On or about July 1, 2013, the
defendant knowingly or intentionally possessed marijuana, which is a controlled
substance, and the defendant knew that the substance he possessed was
marijuana, and defendant has one prior conviction for possession of marijuana, a
controlled substance, and another prior conviction for possession of
methamphetamine, also a controlled substance. (Sac County District Court Case
Nos. AGCR012065, FECR012100)
A TRUE INFORMATION
/s/ Benjamin John Smith
Benjamin John Smith - AT0008834
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Facsimile: 712-662-4123
Email: attorney@saccounty.org
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 2013-07-31 11:43:04 page 2 of 2
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case No. AGCR012346

ATTACHMENT TO TRIAL
INFORMATION: WITNESS LIST

TORY CUDABACK, Deputy, Sac County Sheriffs Office
JOEL BURNS, Deputy, Sac County Sheriffs Office
MARK HEINO, Marijuana Examiner, Carroll Police Department
DONNA GERRY, Clerk of Court, Sac County Iowa District Court


STATE OF IOWA,
Plaintiff,

VS.

Defendant.

CRIMINAL NO. ACR!"#$%&

ORDER SETTIN ARRAINMENT
AND BOND

T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte* 'a+e
,een e-a)ined and f./nd t. 0.ntain (/ffi0ient e+iden0e, if /ne-1lained, t. 2a**ant a
0.n+i0ti.n in a t*ial ,3 4/*3, t'e*ef.*e, t'i( )atte* ('all ,e (et f.* A**ai5n)ent.

IT IS ORDERED, t'e Defendant ('all 1e*(.nall3 a11ea* f.* A**ai5n)ent at t'e Sa0
C./nt3 C./*t'./(e, Di(t*i0t C./*t*..), Sa0 Cit3, I.2a .n t'e 13
th
da3 .f August 2013 at
9:00 a.m..
T'e Defendant i( ad+i(ed t'at fail/*e t. a11ea* 2ill *e(/lt in t'e i((/an0e .f an a**e(t
2a**ant.

IT IS FURTHER ORDERED, t'e Defendant6( ,.nd and 0.nditi.n( f.* *elea(e f*.)
0/(t.d3 in t'i( )atte* ('all ,e7
Defendant i( *elea(ed .n 1e*(.nal *e0.5ni8an0e.
B.nd i( (et in t'e a)./nt .f 9::::::::::::::::.
B.nd )a3 ,e /n(e0/*ed.
B.nd )/(t ,e 0a(' .* (e0/*ed in t'e a)./nt .f t'e B.nd.
"!; 0a(' )a3 ,e 1.(ted.
Bond previously set shall continue.
Cle*< .f C./*t ('all i((/e a (/)).n( f.* Defendant t. A11ea*.
Cle*< .f C./*t ('all i((/e an a**e(t 2a**ant.
Other Conditions of elease:
!efendant shall o"ey all #ederal$ %tate$ and &ocal la's.

T'e Defendant ('all ,e .n 1*e=t*ial (/1e*+i(i.n t. t'e Se0.nd >/di0ial Di(t*i0t
De1a*t)ent .f C.**e0ti.nal Se*+i0e(.
Ot'e*7
? @ Defendant i( O*de*ed t. i))ediatel3 .,tain a S/,(tan0e A,/(e E+al/ati.n and
1*.+ide it t. t'e C./*t. Fail/*e t. d. (. )a3 *e(/lt in t'e *e+.0ati.n .f Defendant6( P*e T*ial
Relea(e.

Type: ORDER FOR ARRAIGNMENT
So Ordered
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
2D 13 AUG 13 AM 9: 2!
PLAINTIFF NO
VS. APPLICATION TO WAIVE
ATTORNEY AND PROCEED (PRO SE)
DEFENDANT
In support of my application to waive attorney I state:
1. I know I have a right to be represented by an attorney in this case
and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2. I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3. I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4. Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.
Dated this
Defendant
IN THE IOWA DISTRICT COURT FOR
Sac
DiSTRtCr COUK'J UF |0W/.
SAC COUNTY
FILED
13 AH 9: 2j
. COUNTY
STATE OF IOWA or
Plain tiffyPetitioner,
vs.
Defendant/Respondent.
Criminal CivU
No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: T ^ g l N M h V
s
b M. C ^0 (A 5 Birth Date: .
Home Phone: Cell Phone: 1 1 0 $ 79 0 E-mail:
Street Address:
Street/P.O. Box
Pending charges: j9 6f? 5 <?S'<7A/ O
Apt # City
SOLC. ^A- Wf i
V
Do you have a job? S No Job Yes, Full Time Yes, Part Time (List Hours/week:
Who do you work for?
State Zip
In Jail? ^Yes [ / N O
)
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? 0
How many family members are supported by or live with you? Q ;
If a spouse lives with you, how much money does your spouse make? per 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 $100: .
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date Signature / j K f f l ^ A ^
Rev. 1/6/12
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case Ns. A!CR"#$%&'

ORDER FOR CONTINUANCE AND
APPOINTIN! ATTORNEY
Defendant(s A))ai*n+ent ,ill -e )es./ed0led t A0*0st $1, $"#%, at 23"" a.+. in t/e
Sa. C0nt4 C0)t/0se, Sa. Cit4, I,a. Att)ne4 Pete) !lds+it/ is a55inted t
)e5)esent Defendant. T/e Defendant and /is att)ne4 s/all a55ea) -ef)e t/e C0)t
0nless a W)itten A))ai*n+ent /as -een filed. If t/e Defendant fails t a55ea) -ef)e
t/is C0)t as )de)ed, a ,a))ant +a4 iss0e f) /is a))est.

CLER6 TO FURNISH COPIES TO3

SAC COUNTY ATTORNEY

PETER !OLDS7ITH

E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case Ns. A!CR"#$%&'

ORDER FOR CONTINUANCE AND
APPOINTIN! ATTORNEY
Defendant(s A))ai*n+ent ,ill -e )es./ed0led t A0*0st $1, $"#%, at 23"" a.+. in t/e
Sa. C0nt4 C0)t/0se, Sa. Cit4, I,a. Att)ne4 Pete) !lds+it/ is a55inted t
)e5)esent Defendant. T/e Defendant and /is att)ne4 s/all a55ea) -ef)e t/e C0)t
0nless a W)itten A))ai*n+ent /as -een filed. If t/e Defendant fails t a55ea) -ef)e
t/is C0)t as )de)ed, a ,a))ant +a4 iss0e f) /is a))est.


SAC COUNTY ATTORNEY

PETER !OLDS7ITH

Type: OTHER ORDER
So Ordered
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case N. A!CR"#$%&'

ORDER RESCHEDULIN!
ARRAI!N(ENT

It Is O)de)ed t*at t*e defendant+s a))ai,n-ent is )es.*ed/led t Se0te-1e) #",
$"#%, .--en.in, at 23"" a.-. in t*e ./)t)- f t*e Sa. C/nt4 C/)t*/se, Sa.
Cit4, I5a. If t*e defendant fails t a00ea) f) t*is *ea)in, a 5a))ant 5ill 1e iss/ed f)
*is a))est.


Sa. C/nt4 Att)ne4
Defendant7s Att)ne4 Pete) !lds-it*
Type: ORDER FOR ARRAIGNMENT
So Ordered
E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT
2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.

Case No. 02811 AGCR012346

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
August 29, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Peter Goldsmith.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on October 2, 2013 at 9 a.m.

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.

CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
1 of 3
E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT
PETER ANDREW GOLDSMITH
DISTRICT COURT ADMINISTRATOR
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA, No: AGCR012346
Plaini!!,

"#$ ORDER SET DATE

FOR PRETRIA% CONFERENCE
D&!&n'an$

THE COURT FINDS T(ial in )& a*o"& +a,ion&' -a&( )a# *&&n #& !o(
O+o*&( 2, 2013. )&(&!o(&,
IT IS THE ORDER OF THIS COURT:
1$ P(&(ial +on!&(&n+& in )i# -a&( /n'&( I$R$C($P$ 10 1ill *& )&l' a 3:00 p.m. on
)& 24th 'a2 o! September 2013, a )& Sa+ Co/n2 Co/()o/#&, Sa+ Ci2,
Io1a, o +on#i'&(:
a$ Po##i*ili2 o! #&l&-&n
an'
*$ 3a&(# o &4,&'i& )& (ial$
2$ Ca#&# 1)i+) a(& 5oin5 o *& #&l&' i! a all ,o##i*l& a o( *&!o(& )& ,(&(ial #o
)a )& (ial a##i5n-&n 1ill no *& +lo55&' 1i) +a#&# 1)i+) a(& no 5oin5 o
*& (i&'$
3$ D&!&n'an #)all ,&(#onall2 a,,&a($
4$ I! )& P(&6T(ial Con!&(&n+& i-& 'o&# no 1o(7 !o( '&!&n#& +o/n#&l, +ona+ )&
Co/n2 Ao(n&2 !o( ano)&( i-&$

O(i5inal !il&' ED3S,
Co,i&# *2 ED3S o: 8&n9a-in :o)n S-i), Sa+ Co/n2 Ao(n&2
P&&( Gol'#-i), D&!&n'an;# Ao(n&2

Type: ORDER FOR PRETRIAL CONFERENCE
So Ordered
Date: 09/18/2013
State of Iowa
Plaintiff
Vs.
No. agcr012346
Tyrel Lynn Brouchous
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA
COVERAGE
OF TRIAL OR PROCEEDING
COMES NOW the undersigned person, who states as follows:
1. Certain representatives of the news media want to use
photographic equipment
(__X__), television cameras (__X__) or electronic sound
recording equipment (__X__) in courtroom coverage in the
above proceeding.
2. This filing is for all pre-trial motions, plea-taking,
trial and sentencing.
3. The request(s) for expanded media coverage are described
as follows: Two video cameras, tripods, videographers; audio
accessibility; two photographers with up to two still cameras
and two lenses each, two tripods.
4. This notice of request(s) for expanded media coverage is
filed at least 14 days in advance of the proceedings for
which expanded media coverage is being requested or grounds
for shorter notice are set out in an attached statement.
5. I sent a copy of this notice by ordinary mail directed to
the last known address of all counsel of record, parties
appearing without counsel, the district court administrator
for this judicial district, and the judicial officer expected
to preside at the trial or proceedings for which expanded
media coverage has been requested, as follows:
E-FILED 2013 SEP 18 4:35 PM SAC - CLERK OF DISTRICT COURT
ATTORNEYS:
PROSECUTOR: Sac County Attorney
701 Main Street
Sac City, IA 50583
DEFENSE: Peter Goldsmith
500 Second St.
Ida Grove, IA 51145
PARTIES APPEARING WITHOUT COUNSEL:
DISTRICT COURT ADMINISTRATOR: Scott Hand
PRESIDING JUDGE:
CLERK OF COURT: Sac County, Iowa
WHEREFORE, the undersigned media coordinator gives notice of
request(s) for expanded media coverage as aforesaid.

Signature_/s/ Jesse Helling________________________
Date__9/18/2013______________________

Jesse Helling
Media Coordinator, Region 4
Third Judicial District of Iowa
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
2RCR15


STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.


O R D E R

The media coordinator has filed a Request for Expanded Media Coverage.
If either the State or the Defendant has any objection to this request, they should file
a document so indicating on or before October 1, 2013. If any objection is filed on
or before October 1, 2013, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before October 1, 2013, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

SAC COUNTY ATTORNEY
MEDIA COORDINATOR
1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case Ns. A!CR"#$%&'

ORDER CONTINUIN! PRETRIAL
CONFERENCE
IT IS HEREBY ORDERED t(at t(e )*et*ial +nfe*en+e (eld Se)te,-e* $&, $"#%,
s(all -e and is +ntin.ed t O+t-e* /, $"#%, at 01"" a.,., in t(e +.*t*, at t(e
Sa+ C.nt2 C.*t(.se, Sa+ Cit2, I3a. If t(e defendant fails t a))ea* -ef*e t(is
C.*t as *de*ed, a 3a**ant ,a2 iss.e f* (is a**est.

Type: OTHER ORDER
So Ordered
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case Ns. A!CR"#$%&'

ORDER SCHEDULIN! PRETRIAL
CONFERENCE AND TRIAL
IT IS HEREBY ORDERED t(at t(e P)et)ial Cnfe)en*e is )es*(ed+led t O*t,e)
$#, $"#%, at #-%" ../., at t(e Sa* C+nt0 C+)t(+se, Sa* Cit0, I1a, and t(e T)ial
is s*(ed+led f) De*e/,e) #2, $"#%, at 3-"" a./., als at t(e Sa* C+nt0
C+)t(+se. T(e defendant is HEREBY NOTIFIED if (e fails t a..ea) ,ef)e t(is
C+)t as )de)ed, a 1a))ant /a0 iss+e f) (is a))est.

E-FILED 2013 OCT 08 11:02 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
E-FILED 2013 OCT 08 11:02 AM SAC - CLERK OF DISTRICT COURT
2RCR01

STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial
conference.
IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00
a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.
IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014
at 11:30 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

SAC COUNTY ATTORNEY
1 of 2
E-FILED 2013 DEC 17 1:43 PM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
2RCR01

STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial
conference.
IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00
a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.
IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014
at 11:30 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

SAC COUNTY ATTORNEY
1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 JAN 16 3:25 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA, No. AGCR012346
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 to the charge of:
Count I: POSSESSION OF A SCHEDULE I CONTROLLED SUBSTANCE,
MARIJUANA, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa
Code Section 124.401(5).
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.
/s/Benjamin John Smith
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
AT0008834
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 December 12, 2013
by: [ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ x ] email
[ ] Certified Mail [ ] EDMS
Signature: /s/Norma Hecht
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012346
Plaintiff,
AMENDED
vs.
TRIAL INFORMATION
DOB: 08/05/1991
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, Tyrel Lynn
Brouchous of the crime of POSSESSION OF A SCHEDULE I CONTROLLED SUBSTANCE,
MARIJUANA, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code
Section 124.401(5) committed as follows:
The said Defendant, Tyrel Lynn Brouchous, on or about July 1, 2013, in the County of
Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a Schedule
I Controlled Substance, to-wit: Marijuana, AND Defendant having been previously convicted of a
drug related offense involving Methamphetamine, a Schedule II Controlled Substance.
A TRUE INFORMATION
/s/Benjamin John Smith
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
AT0008834
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.

Case N. A!CR"#$%&'

ORDER

NOW, n t(is #)
t(
da* f +an,a-*, $"#&, t(e C,-t is in -e.ei/t f t(e State0s
1tin t A2end T-ial Inf-2atin and A2ended T-ial Inf-2atin. T(e 1tin t
A2end s(,ld 3e 4-anted.
IT IS THEREFORE ORDERED t(at t(e State0s 1tin t A2end T-ial
Inf-2atin is 4-anted.

Cle-5 t f,-nis( ./ies t6
Sa. C,nt* Att-ne*
Defense C,nsel

E-FILED 2014 JAN 17 8:59 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 AGCR012346

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 02/05/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )
) CRIM. NO. AGCR012346
Plai!i"", )
) ORDER ACCEPTING P#EA
$%. ) AND &UDGMENT ENTRY
)
TYRE# #YNN 'ROUCHOUS, ) C(a)*+ , P-%%+%%i- -" Ma)i./aa, S+0-1 O""+%+,
) a A**)a$a!+1 Mi%1+2+a-), a% a2+1+1
) S+0!i- , 124.40134), C-1+
D+"+1a!. )

NOW - !(+ 25
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%i2ila)l6 %i!/a!+1.
Any bond money previously posted is released and exonerated.
A99+al 7-1 i% %+! i !(+ %/2 -" A2,000.00.

COPIES TOD
C-/!6 A!!-)+6
D+"+%+ C-/%+l
Sa0 C-/!6 &ail
Sa0 C-/!6 P)-7a!i- O""i0+
I-8a D.O.T.
Type: OTHER ORDER
So Ordered
STATE OF IOWA,
Plaintiff,
v.
TYRELL LYNN BROUCHOUS
Defendant.
CASE No. AGCR012346
STATES APPLICATION TO REVOKE
DEFENDANTS PROBATION AND
IMPOSE SENTENCE
COMES NOW the State of Iowa and for its Application to Revoke Defendants
Deferred Judgment and Impose Sentence states the following:
1. On or about January 28, 2014, in Sac County Case No. AGCR012346,
defendant pleaded guilty to possession of a controlled substance second offense
and was placed on probation for one year.
2. On February 3, 2014, defendant was charged with Driving While Barred, an
Aggravated Misdemeanor - Sac County Case No. AGCR012500.
3. Additionally, defendant failed to report to the Sac County Probation Office
following the Courts Judgment Entry made January 29, 2014.
4. By the very nature of defendants new charges, defendant has violated the
terms and conditions of his probation.
WHEREFORE, the State respectfully requests the Court set a hearing on this
Application and revoke Defendants probation and, after the State establishes
Defendants violations by a preponderance of the evidence, impose sentence pursuant
to Iowa Rule of Criminal Procedure 2.24(3)(d).
__________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
E-FILED 2014 MAY 28 10:29 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 FEB 11 2:46 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 28 10:29 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 AGCR012346

ORDER FOR ARREST WARRANT
AND SETTING PROBATION
REVOCATION HEARING

The State has filed an application alleging Defendant has violated the terms and
conditions of Defendant's probation.

Based on the information presented, the Court finds that there is probable cause to believe
Defendant has violated the terms and conditions of probation, that a warrant should be issued
for the arrest of Defendant, and a probation revocation hearing should be set.
IT IS, THEREFORE, ORDERED that a warrant for the arrest of Defendant shall be
issued. Bail shall be set in the amount of $2,000.00, cash or surety.
IT IS FURTHER ORDERED that a Revocation Hearing is scheduled on 07/02/2014 at
11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Defendant shall
personally appear for the hearing.

Clerk to Send Copies to:
County Attorney
Defense Counsel
Sheriff

1 of 2
E-FILED 2014 MAY 28 1:20 PM SAC - CLERK OF DISTRICT COURT
Type: ORDER SETTING HEARING
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 AGCR012346

ORDER FOR ARREST WARRANT
AND SETTING PROBATION
REVOCATION HEARING

The State has filed an application alleging Defendant has violated the terms and
conditions of Defendant's probation.

Based on the information presented, the Court finds that there is probable cause to believe
Defendant has violated the terms and conditions of probation, that a warrant should be issued
for the arrest of Defendant, and a probation revocation hearing should be set.
IT IS, THEREFORE, ORDERED that a warrant for the arrest of Defendant shall be
issued. Bail shall be set in the amount of $2,000.00, cash or surety.
IT IS FURTHER ORDERED that a Revocation Hearing is scheduled on 07/02/2014 at
11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Defendant shall
personally appear for the hearing.

Clerk to Send Copies to:
County Attorney
Defense Counsel
Sheriff

1 of 2
Type: ORDER SETTING HEARING
So Ordered
2 of 2
E-FILED 2014 MAY 29 8:40 AM SAC - CLERK OF DISTRICT COURT
CONTINENTAL HERITAGE
insurance Company
Continental Heritage Insurance Company
6140 Parkland Blvd., Ste 321
Cleveland, OH 44124
440.229.3420 FAX 440.229.3421
Mark W. Holtan
A 1 Bail Bonds
PO Box 12
Thor, IA 50591
Office 515-378-3286
Fax 515-576-3276
(PLACE BAIL AGENT'S ADDRESS STAMP HERE)
I N T HE
S AC COUNTY DIS TRICT
COURT
S AC
CO U N T Y , ST AT E OF
IOWA
T HE ST AT E OF
IOWA
Plaintiff
O
i
TO
V S .
Know Al l Men By These Presents: <
}
3 2
I
TO
i />c
3>-
No. A
O C :
Defendant
That we, * rc2~l
rs:
co
ro
?M5 as Principal, and Continental Heritage Insurance Company^
as Surety (Identified by attached Power of Attorney No.
u u , , , u , u SAC COUNTY DISTRICT
are held and firmly bound unto th
in the sum of
Uy Douna unto tne
C o u r t , C i t y , C o u n t y , o r S t a t e
Dollars ($
i .
^> O Q
for the payment whereof well and truly to be made we bind ourselves, ourbeirs, executors, administrators, successors, and assigns,
jointly and severally. "~S \ 1 \\ \
The condition of this obligation is such that if the said
r
^ L . V / r ^ l ^ c K o K*j , Principal, shall
S AC COUNTY DIS TRICT
appear at thamext regular or special term ot the
j k-Tsi i J-^t f k ^)
Nam
? , lo f .
Court
and term tc
to answer a charge of
and shall appear from day to day and term to term of said court and not depart the jurisdiction of the Court without leave then this
obligation shall be void, otherwise it shall remain in full force and effect.
\
Signed and Sealed this
Taken before and approved by me:
Day of jy AP I ' S .
Name
Title
CORPORATE' . ^ i
' ' if)
SEAL
I ' Principal
CO N T I N E N T A L : HE RIT T AGE I N S CE COMPANY
omo
Attorney-ii
MARK W. HOLTAN BAIL BONDS
THIS BOND IS VOID IF WRITTEN FOR A N AMOUNT
GREATER THAN THE POWER OF ATTORNEY
ATTACHED HERETO, IF MORE THAN ONE SUCH
POWER IS ATTACHED, OR IF WRITTEN AFTER THE
EXPIRATION DATE SPECIFIED ON THE ATTACHED
POWER OF ATTORNEY.
Agency Name
PO BOX 12
Address
THOR, IA 50591
City, State, Zip Code
CH 013 (10 05)
Continental Heritage Insurance Co.
POWER OF ATTORNEY
POWER No. WC30-01111561
6140 Parkland Blvd., Ste 321
Mayfield Hts.. OH 44124
(440) 229-3420 (866) 489-6639
POWER AMOUNT
30,000.00
KNOW AL L ME N BY THESE PRESENTS that the Continental Heritage Insurance Company, a corporation duly organized and existing under the laws of the State of Florida and by the
authority of the Resolution adopted by the Board of Directors by unanimous written consent on January 26, 1993, which said Resolution has not been amended or rescinded, does constitute and
appoint and by these presents does make, constitute and appoint the named agent its true and lawful Attorney-in-Fact for it and in its name, place and stead, to execute, seal and deliver for and
on its behalf and as its act and deed, as surety, a bail bond only. Authority of such Attorney-in-Fact is limited to appearance bonds and cannot be construed to guarantee defendant's future lawful
conduct, adherence to travel limitations, fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance.
This Power-of-Attorney is for use with Bail Bonds only. Not valid if used in connection with Federal or Immigration Bonds. This power is void if altered or erased, void if used with other
powers of this company or in combination with powers from any other surety company, and void if used to furnish bail in excess of the stated face amount of this power, and can only be
used once.
The obligation of the company shall not exceed the sum of: T HI R T Y T HO U S A N D D O L L A R S
and provided this Power-of-Attomey is filed with the bond and retained as a part of the court records. The said Attorney-in-Fact is hereby authorized to insert in this Power-of-Attorney the
name of the person on whose behalf this bond was given.
IN WITNESS WHEREOF, THE CONTINENTAL HERITAGE INSURANCE COMPANY has caused these presents to be signed by it's duly authorized officers, proper for the purpose and its
corporate seal to be hereunto affixed this ^ of ^ ^ 7 ^ U \ ^4
X I
BLUE - ORIGINAL FOR COURT PINK - COPY FOR COMPANY
By:
By:
FOR STATE USE ONLY
NOT VALID IF ISSUED IN FEDERAL COURT
VOID IF NOT ISSUED BY:
David A. Can2onc. Chief Financial Officer
3/ 13/ 2015
YELLOW - COPY FOR AGENT WHITE - COPY FOR INDEMNITOR Form* CHI-01 (9/12)
E-FILED 2014 JUN 02 10:37 AM SAC - CLERK OF DISTRICT COURT

Probation Violation Hearing Scheduled For Sac City Man Who Pleaded Guilty To Possesion and Driving While Barred

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Probation Violation Hearing Scheduled For Sac City Man Who Pleaded Guilty To Possesion and Driving While Barred

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E-FILED 2013 JUL 01 2:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

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