E-FILED 2014 JUL 21 8:28 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUL 21 12:23 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 FECR012600
vs.
RANDY GEORGE BARNEY ,
Defendant.

INITIAL APPEARANCE

Charges:
01 - 719.4(1) - ESCAPE FROM CUSTODY - FELON
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 $750.00 to $7,500.00 plus 35% surcharge 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.
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E-FILED 2014 JUL 21 12:23 PM SAC - CLERK OF DISTRICT 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:
Upon completion of all pending jail sentences the defendant shall be released on his promise to
appear.

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

E-FILED 2014 JUL 21 12:23 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
FECR012600
Type:

Case Title
STATE VS RANDY GEORGE BARNEY
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-07-21 12:22:51

3 of 3

DISTRICT CGUifi Or IOWA

SAC COUNTY
FILED

20IUUL2? PM 3:08
Sac

IN T H E I O W A DISTRICT C O U R T F O R

COUNTY
Crimiaal

STATE OF IOWA or
PlainfifSTetitioner,

Civil

No.

vs.

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:

.| \ /j-LA

> ;

Birth Date: ^ y

'/

E-mail:

Cell Phone:

Home Phone:
Street Address:

i" I

^
Apt#

Street/P.O. Box

City

State

InJail?^sYes No

Pending charges:.. J^-'O ('^./^?..-/

Do yoa have a job? ^JjaMoJob

Who do you work for?

Zip

Q Yes. Full Time

Yes. Part Time (List Hours/week:

^.3

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

per hour (B^month year

How much money have you made in the last 12 months from any source, before taxes or deductions?

LoClQ^^

How many family members are supported by or live with you? A''
If a spouse lives with you, how much money does your spouse make?

&

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

per hour month year

/

i t i,$ f'jJL--/

,-

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

foa pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
debts: ^ C ' ) 4 ' ' j'V

'/ ^

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 most 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

/ -'i i4

Signature

r-U

Rev. 1/6/12

E-FILED 2014 JUL 22 3:33 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
RANDY GEORGE BARNEY ,

02811 FECR012600
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

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.

1 of 2

E-FILED 2014 JUL 22 3:33 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
FECR012600
Type:

Case Title
STATE VS RANDY GEORGE BARNEY
ORDER APPOINTING
So Ordered

Electronically signed on 2014-07-22 15:32:16

2 of 2

E-FILED 2014 JUL 23 10:29 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

PLAINTIFF
Vs.
RANDY GEORGE BARNEY
DEFENDANT

)
)
)
Crim No.FECR012600
)
) Appearance and Waiver of
) Preliminary Hear
)
)
)

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884

Original filed
Copy to: County Attorney

E-FILED 2014 JUL 25 10:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

CASE NO. FECR012600

Plaintiff,
v.

TRIAL INFORMATION

RANDY GEORGE BARNEY,

Defendant.

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,
RANDY GEORGE BARNEY (Defendant) of the crime of ATTEMPTED ESCAPE
FROM CUSTODY, a Class D Felony in violation of Iowa Code section 719.4(1),
committed as follows: On or about July 18, 2014, in Sac County, Iowa, Defendant,
arrested for the commission of a felony (THIRD DEGREE BURGLARY) in Calhoun
County Case No. FECR504854, attempted to escape from the Sac County Jail,
which is where Defendant had been committed by reason of his arrest for the
aforementioned felony charge in Calhoun County.

A TRUE INFORMATION

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

E-FILED 2014 JUL 25 10:18 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

Scott Brouwer, Deputy, Sac County Sheriffs Office

Calhoun County (Iowa) Clerk of Court

E-FILED 2014 JUL 25 10:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
FECR012600

Case Title
STATE VS RANDY GEORGE BARNEY

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 2014-07-25 10:18:11

page 3 of 3

E-FILED 2014 JUL 25 10:18 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 FECR012600

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

RANDY GEORGE BARNEY ,

Defendant.

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 08/06/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to 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

E-FILED 2014 JUL 25 10:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
FECR012600

Case Title
STATE VS RANDY GEORGE BARNEY
So Ordered

Electronically signed on 2014-07-25 10:18:12

page 2 of 2

E-FILED 2014 AUG 05 9:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISI{CT COURT FOR SAC COUNTY

S]'ATEOF IOWA.

I 2600
C]ITIMINAL
NO I-'ECRO
WRITTENARRAIGNMEN't.

Vs.
RANDY GEORGEBARNEY

PLEAOFNOT GIJIL'IY

Det'endant
DatcTrial Infomrationl1led:0712512014
criminalcaseand underoathstates:
COMES NOW the Del'endantin thc above-captioned
by AttorneyCharlesA. Schuhe.whoseaddressand phonenumberare
1. I arnrepresented
421 Main St..PO Box 392.SacCity. IA. 50583;(712)662-4715.
2. My currentmailing and residenceaddressand phonenumberarc 916 l-akeSt..
RockwellCity.IA 50579.M-vphonenumberis: NO PIIONE.M1'dateof biah is 02-19and havecompletedthe follor"'ing
thc Englishlar.rguage
1954. I canreadand understand
levelofeducation:l2 Years.
4. I have beenadviscd by my attorne.vand understandthat I have a right to atraignment
in openCourt.and I voluntarilywaivethat right. choosinginsteadto sign this Written
that timesfor furtherploceedings
Arraignn,entand Pleaof Not Guilt.v. I understand
u,hicharecomputedfrom the dateof arraignmcntr'villbe computedfrom the dateof
filing this Written Arraignmentand Plcaof Not Guilty.
5. I havercceiveda copy of the Trial lnlbrmationwhich chargesme rvith thc crimeof
COUNT I: ATTEMPTED ESCAPE FROM CUSTODY in violation of Iowa Code
Section719.,1(1).
6. With regardto the nameb-vwhich I am chargedin the Trial lnformation(eithercheck
"a" or checkand complete"b"):

,r'

is my truename.I havc beenadvised

(Vfr. Thenarreon the frial Infbrmation
to theTrial lnfbrmatior.rupon the
liom objecting
thatI amnowprecluded
andunderstand
groundthatI amimproperlynamed.
( )b. Thc nameshorvnon the Trial lnfonnationis not my true name My true
my true name l havc
nameis. I requestthat an entry be madcin the minutesshor'ving
will be had againstme by that name.
beenadvisedand undcrstandfurtherproceedings
and when the Trial Informationis so
accordingly,
the Trial lnformationu'ill be amended
amcnded,I will be precludedfrom objectinguponthe groundsI am irnproperlynamed.
that I ma1'pleadguilty. not guilty or fbrniel'
7. I havebecnadvisedand understand
convictionor acquittal.

E-FILED 2014 AUG 05 9:58 AM SAC - CLERK OF DISTRICT COURT

I havehad sufficienttime to discussmy casewith

8. For thc purposeof this arraignment,
my attorney,and I waive an-vfurthertime in u'hichto entcra plea.
9. I pleadNOT GUILTY to tlie chargcsin paragraph5 above.
that I havea right underRule 2.3i(2Xb) ofthc
10. I havebccnadvisedand understand
Iov,u Rulesol Criminal I'rocedureto a trial within ninetvdays/oneyearafterthe liling of
the l'rial Inlbrmationand (checkeither"a" or "b"):
.tt'

( Lfa. I demandspeedytrial pursuantto Rule 2.33(2)(b)and (c).

trial pursuantto Rule 2.33(2Xb)and (c).
( ) b. I rvaivenr1'rightto a speed.v
11. I requcstthat a trial datebe setpursuantto Rulc 8.1 of the 1ol'a Rulesof ('riminal
Procedure.My attorneyand I u'ill be availablefbr trial on the following da1's:An1
Time,

Attornev lbr Defendan

Original to be filed with Clerk of Court
Copy provided to:
County Attorney

E-FILED 2014 AUG 05 11:06 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
RANDY GEORGE BARNEY ,

Case No: 02811 FECR012600

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

Defendant.
The defendant having filed a written arraignment in this matter on August 5, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 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 09/30/2014 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.
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E-FILED 2014 AUG 05 11:06 AM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2014 AUG 05 11:06 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
FECR012600
Type:

Case Title
STATE VS RANDY GEORGE BARNEY
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-08-05 11:06:05

3 of 3

E-FILED 2014 AUG 05 11:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,
Plaintiff

)
)
FECR012600
)
) APPLICATION TO SUSPEND
) PROCEEDINGS

Vs.
RANDY GEORGE BARNEY
Defendant
______________________

COMES NOW the defendant by his Attorney, Charles A. Schulte, and hereby
states as follows:
1. On August 4th, 2014, this Court entered an Order For Competency Evaluation in
Calhoun County FECR504850.
2. Pursuant to the order entered in the Calhoun County case, the Defendant is being
transported to the Iowa Medical and Classification Center Forensic Psychiatric
Hospital in Coralville Iowa, to determine whether the Defendant is suffering from
a mental disorder which prevents the Defendant from appreciating the charge,
understanding the proceedings or assisting effectively in his defense.
3. All proceedings in the Calhoun County Case have been suspended pursuant to
Iowa Code Section 812.3.
4. Proceedings in this cause should likewise be suspended since a determination that
the defendant is suffering from such a mental illness would likely affect the
outcome of these proceedings and should be applied to these proceedings.
WHEREFORE: The defendant requests the Court to suspend further proceedings
in this cause pursuant to Section 812.3.
Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net

E-FILED 2014 AUG 05 3:07 PM SAC - CLERK OF DISTRICT COURT

2RCR27

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012600
PLAINTIFF,
vs.
RANDY GEORGE BARNEY ,

ORDER FOR COMPETENCY

EVALUATION;
ORDER FOR RESTORATION TO
COMPETENCY;

DEFENDANT.

On 08/05/14, the Court, pursuant to Iowa Code Chapter 812, finds probable cause
that the defendant is suffering from a mental disorder which may prevent the defendant
from appreciating the charge, understanding the proceedings, or assisting effectively in
his defense.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. These proceedings are suspended, and the defendant shall undergo a
psychiatric competency evaluation pursuant to Iowa Code Section 812.3 by the
State psychiatrist at the Iowa Medical and Classification Center Forensic Psychiatric
Hospital, Coralville, Iowa, to determine whether the defendant is suffering from a mental
disorder which prevents the defendant from appreciating the charge, understanding the
proceedings, or assisting effectively in his defense.
2. The state psychiatrist shall provide any medical treatment necessary to
the defendant in order to complete the evaluation, including the prescribing and
administering of medications.

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E-FILED 2014 AUG 05 3:07 PM SAC - CLERK OF DISTRICT COURT

3. This evaluation shall be performed on an inpatient basis at the Iowa Medical

and Classification Psychiatric Hospital. The sheriff shall transport the defendant to
the IMCC upon notification by the IMCC that they are ready to admit the defendant.
Because the defendant is in custody, there will be no transfer of custody to the
Department of Corrections, except as is necessary to facilitate the evaluation.
4. In the event the defendant is found to be incompetent, restoration to
competency will be performed. Upon conclusion of the restoration treatment, the
defendant will be evaluated for competency. Pursuant to Iowa Code Section 812.6,
reports will be made to the Court every 30 days from the date of admission as to the
defendant's progress in the restoration process.
5. The IMCC shall provide the Court with a written report of the competency
evaluation within 10 days of the evaluation. Copies of the competency evaluation shall
be marked confidential and shall be provided to defense counsel and to the prosecutor.
The report shall be sealed and not available for public inspection.

CLERK TO FURNISH COPIES TO:

County Attorney
Defendant's Attorney
County Sheriff
IMCC Forensic Psychiatric Hospital
2700 Coral Ridge Avenue
Coralville, IA 52242

2 of 3

E-FILED 2014 AUG 05 3:07 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
FECR012600
Type:

Case Title
STATE VS RANDY GEORGE BARNEY
OTHER ORDER
So Ordered

Electronically signed on 2014-08-05 15:07:04

3 of 3

E-FILED 2014 OCT 01 12:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

_______________________________________________________________________________________________

STATE OF IOWA,
Plaintiff,
vs.

Case No. FECR012600

ADDITIONAL ORDER FOR OUTPATIENT
COMPETENCY EVALUATION

RANDY GEORGE BARNEY,

Defendant,
On this date the parties requested that the Court add additional language to its August 5
2014 order to allow an outpatient evaluation. The parties advise that if the Defendant qualifies
for the evaluation as an outpatient, that the evaluation could be completed sooner than an
inpatient evaluation. The Court FINDS that form of the evaluation is not objected to by either
party and that it would be proper to include the ability to conduct the competency evaluation on
an outpatient basis if the Defendant qualifies.
IT IS THEREFORE THE ORDER OF THE COURT as follows:
1. These proceedings are suspended, and the Defendant shall undergo a psychiatric
competency evaluation pursuant to Iowa Code Section 812.3 by the State Psychiatrist at the Iowa
Medical and Classification Center Forensic Psychiatric Hospital, Coralville, Iowa, to determine
whether the Defendant is suffering from a mental disorder which prevents the Defendant from
appreciating the charge, understanding the proceedings or assisting effectively in his defense.

2. The State Psychiatrist shall provide any medical treatment necessary to the Defendant
in order to complete the evaluation, including the prescribing and administering of medications.

3. This evaluation shall be performed on an inpatient or outpatient basis at the Iowa

Medical and Classification Psychiatric Hospital. The sheriff shall transport the Defendant to the
IMCC upon notification by the IMCC that they are ready to evaluate the Defendant. Because the
Defendant is in custody, there will be no transfer of custody to the Department of Corrections,
except necessary to facilitate the evaluation.

E-FILED 2014 OCT 01 12:56 PM SAC - CLERK OF DISTRICT COURT

4. In the event the Defendant is found to be incompetent, restoration to competency will

be performed. Upon conclusion of the restoration treatment, the Defendant will be evaluated for
competency. Pursuant to Iowa Code Section 812.6 reports will be made to the Court every 30
days from the date of admission as to the Defendants progress in the restoration process.

5. The IMCC shall provide the Court with a written report of the competency evaluation
within 10 days of the evaluation. Copies of the competency evaluation shall be marked
confidential and shall be provided to Defense counsel and to the Prosecutor. The report shall be
sealed and not available for public inspection.

Original filed, EDMS copy to:

County Attorney
Defendants Attorney

E-FILED 2014 OCT 01 12:56 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 01 12:56 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
FECR012600

Case Title
STATE VS RANDY GEORGE BARNEY
So Ordered

Electronically signed on 2014-10-01 12:56:12

page 4 of 4

E-FILED 2015 JAN 29 12:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Case No. FECR012600

Plaintiff,
v.
RANDY GEORGE BARNEY,

MOTION TO DISMISS PURSUANT TO

IOWA R. CRIM. P. 2.33

Defendant.
COMES NOW the State of Iowa, through Sac County Attorney Ben Smith,
and states the following in support of its Motion to Dismiss:
1.

On or around October 7, 2014, Defendant was found not competent

to stand trial in State v. Barney, Calhoun County Case No. FECR504821.

2.

Defendant incurred the charge in the instant matter while in the Sac

County Jail awaiting trial in the aforementioned Calhoun County case.

3.

The State was informed Defendant is homeless, destitute, and has

a terminal illness.
4.

The interests of justice and judicial economy would best be served

by dismissing the case with costs to the State of Iowa.

WHEREFORE, based on the foregoing, the State respectfully requests
that the Court dismiss this case without prejudice, with costs to the State of Iowa
and order such other reliefs the Court deems just and equitable in the premises.

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

E-FILED 2015 JAN 30 11:00 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. FECR012600
Plaintiff,
vs.
ORDER
RANDY GEORGE BARNEY,
Defendant.
NOW, on this 29th day of January, 2015, the court is in receipt of the States
Motion to Dismiss this case. The Motion states good cause and should be granted.
IT IS THEREFORE ORDERED that the States Motion to Dismiss is granted.
This case is dismissed and costs are taxed to the State of Iowa.
Clerk to furnish copies to:
Sac County Attorney
Defense Counsel

E-FILED 2015 JAN 30 11:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
FECR012600

Case Title
STATE VS RANDY GEORGE BARNEY
So Ordered

Electronically signed on 2015-01-30 11:00:41

page 2 of 2