Des Moines Man Convicted of Theft in the Third Degree

8/12/2019 Des Moines Man Convicted of Theft in the Third Degree

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E-FILED 2013 OCT 28 10:35 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

CHAD R SEXTONDefendant

Case No. 02811 FECR012446

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:THEFT 1ST DEGREEBURGLARY 3RD DEGREEin violation of Section(s) 714.2(1) AND 713.6A of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on11/04/2013 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 ascontempt of court.

/s/ SHELLEY BASSCLERK 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 Magistratebefore 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 anoriginal notice (804.1).



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs. CHAD R SEXTON , Defendant.

Case No: 02811 FECR012446

INITIAL APPEARANCE

Charges:01 - 714.2(1) - THEFT 1ST DEGREE - 1978 (FELC)02 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class C and 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 15 Years Prison And/Or $Fines of not less than $1,750 nor more than $17,500 plus 35% surcharge andcourt costs

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E-FILED 2013 NOV 04 8:52 AM SAC - CLERK OF DISTRICT COURT


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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:You must obey all laws of Iowa and the United States. You must appear at all scheduled courtappearances.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis: Waived Preliminary Hearing is scheduled on 11/25/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa CourtsCase Number Case TitleFECR012446 STATE VS CHAD RUSSELL SEXTONType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-11-04 08:51:30

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IN T H E I O WA DISTRICT C O U RT F O R Sac

9:03

C O U N T Y

S TAT E O F I O WA orPlaintiff/Petitioner,

Defendant/Respondent.

Criminal CivU

F I N A N C I A L A F F I D AV I T / A P P L I C AT I O NF O R A P P O I N T M E N T O F C O U N S E L

In support of my application for appointment of counsel, and und er penalty of perjury, the undersigned states:

Name: f ^ U b A ^ ^ y l o ^ Birth Date: 0~? - 11 f J 7 2 ,

Home Phone: Cell Phone: $/J~- f ?V - 7f 5*7 E-mail: ^mcf-^uJc Uxs-e^T^+yofav.

Street Address: ?et>0 t4&V llfa^tf A f j - }Street/P.O. Box

Pending charges: 9 / f J*-y 4- tf~h-


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. CHAD R SEXTON ,

DEFENDANT.

02811 FECR012446

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 between 125% and 200% of the guidelines, not appointing would causefinancial hardship.

Attorney Mark J. Rasmussen, 105 E. Lincolnway, PO Box 70, Jefferson, IA 50129 Ph:515-386-3399, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleFECR012446 STATE VS CHAD RUSSELL SEXTONType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.CHAD RUSSELL SEXTON,

DOB: 07-14-1972

Defendant.

CASE NO. FECR012446

TRIAL INFORMATION

COUNT 1

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,Iowa, and in the name and by the authority of the State of Iowa, accusesdefendant, CHAD RUSSELL SEXTON (defendant) of the crime of THEFT INTHE FIRST DEGREE, a Class C Felony in violation of Iowa Code Sections714.1(1), 714.2(1), and 714.3, committed as follows: On or about July 1, 2013, inSac County, Iowa, the defendant took possession or control of a 2001 S10Chevrolet pickup truck having attached to it a specialized delivery box, laptopcomputer, misc. tools, a safe, and over $100.00 cash (collectively, property),the aggregate value of the property exceeding $10,000. The defendant tookpossession of the property with the intent to deprive the victim, Iowa AutomotiveMachine and Supply of Sac City, Iowa (victim), of the same. The property, atthe time of the taking, belonged to, and / or was in the possession of the victim.

COUNT 2

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,Iowa, and in the name and by the authority of the State of Iowa, accusesdefendant, CHAD RUSSELL SEXTON (defendant) of the crime of BURGLARYIN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Sections713.1, 713.3, 713.5, 714.3, and 713.6A, committed as follows: On or about July1, 2013, in Sac County, Iowa, the defendant entered an occupied structure Iowa

Automotive Machine and Supply in Sac City, Iowa (1705 West Main Street, SacCity, Iowa) (structure), which defendant had permission to enter. The defendantremained in the structure after his right, license, or privilege to be in the structureexpired or the defendant did not have permission or authority to break into the

E-FILED 2013 NOV 14 2:26 PM SAC - CLERK OF DISTRICT COURT


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structure The defendant did so with the specific intent to commit a felony and / ortheft once inside the structure.

A TRUE INFORMATION

Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]



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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012446 STATE VS CHAD RUSSELL SEXTON

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-11-14 14:26:09 page 3 of 3



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STATE OF IOWA,

Plaintiff,

v.

CHAD RUSSELL SEXTON,

Defendant.

CASE NO. FECR012446

ATTACHMENT TO TRIALINFORMATION: WITNESS LIST

JOHN THOMSEN

MARK JANSMA

LEONARD SIMPSON

CRAIG STORK

CUSTODIAN OF RECORDS

VERIZON WIRELESS CUSTODIAN OF RECORDS

CITIZENS BANK CUSTODIAN OF RECORDS

DAVE SCHNOEBELEN



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STATE OF IOWA,

Plaintiff,

v.

CHAD RUSSELL SEXTON,

Defendant.

CASE NO. FECR0 !""#

ORDER APPRO$IN% TRIALINFOR&ATION AND SETTIN%

ARRAI%N&ENT AND 'OND

T(e TRIAL INFOR&ATION and t(e &INUTES OF E$IDENCE in t(i) *atte+(ave een e-a*ined and f /nd t ntain )/ffi ient eviden e, if /ne-1lained, t2a++ant a nvi ti n in a t+ial 3 4/+3, t(e+ef +e, t(i) *atte+ )(all e )et f +

A++ai5n*ent.

IT IS HERE'Y ORDERED, t(e defendant )(all 1e+) nall3 a11ea+ f + A++ai5n*ent at t(e Sa C /nt3 C /+t( /)e, Di)t+i t C /+t+ *, 00 NW StateSt+eet, Sa Cit3, I 2a n t(e DECEMBER 2, 2013, AT 9:00 AM . T(e Defendanti) HERE'Y NOTIFIED t(at fail/+e t a11ea+ 2ill +e)/lt in t(e i))/an e f an a++e)t2a++ant.

IT IS FURTHER ORDERED, t(e Defendant6) nd and nditi n) f + +elea)ef+ * /)t d3 in t(i) *atte+ )(all e7 ' nd 1+evi /)l3 )et )(all ntin/e and t(edefendant )(all e3 all Fede+al, State, and L al la2).



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Type: ORDER FOR ARRAIGNMENT


So Ordered



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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. CHAD R SEXTON ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onNovember 21, 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 Mark Rasmussen. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on January 28, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014at 09:00 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 depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYMARK JAMES RASMUSSEN

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State of Iowa CourtsCase Number Case TitleFECR012446 STATE VS CHAD RUSSELL SEXTONType: ORDER SETTING TRIAL

So Ordered


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. CHAD R SEXTON ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onNovember 21, 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 Mark Rasmussen. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on January 28, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014at 09:00 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 depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYMARK JAMES RASMUSSEN

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State of Iowa CourtsCase Number Case TitleFECR012446 STATE VS CHAD RUSSELL SEXTONType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA CRIMINAL CAUSE NO. FECR012446Plaintiff,

vs. STATEMENT OF PECUNIARY LOSS

CHAD RUSSELL SEXTON,Defendant.

COMES NOW Benjamin John Smith, Sac County Attorney as prosecuting attorney for the State of Iowa,and states to the Court: The victim requests that restitution be ordered in the above-captioned cause; asshown below and/or on the attached sheets.

Joint and Several Co-Defendants: Ian Sexton FECR012447

Victim Name/Address: Amount

CAR QUEST/ IOWA AUTO1705 WEST MAIN STREETSAC CITY IA 50583 Total for this Victim: $1997.12

Type of Loss Amt of Loss Deductible Restitution AmtFinancial Damages $ $ $Lost Wages $ $ $Property Damages $ $1500 $1500.00MiscellaneousDamages

$497.12 $ $ 497.12

Total Restitution to be Ordered: $1,997.12

/s/Benjamin John SmithBenjamin John Smith, Sac County AttorneySac County Courthouse 100 NW State St., Suite 9Sac City IA 50583Phone: (712) 662-4791 Fax: (712) 662-4123Email:[email protected]

copy to: DefendantDefendants AttorneyCorrections/Correctional Services, if applicable

PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon allparties to the above cause by:

[x ] Depos iti ng i n the U.S.Mail , post age p re pai d, i nenvelopes addressed to each of the attorney/s partiesof record as disclosed on the pleadings

[x ] Electronic Mail[x] EMDS on January 28, 2014by /s/Norma Hecht

E-FILED 2014 JAN 28 6:43 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012446 Plaintiff, AMENDED

vs. TRIAL INFORMATION- Count I

CHAD RUSSELL SEXTON,DOB: 07/14/1972 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, Chad Russell Sexton of the crime of THEFT IN THE THIRD DEGREE , -- EXERCISE CONTROL OVER STOLEN

PROPERTY EXCEEDS $500 UNDER $1000 an Aggravated Misdemeanor in violation of

Iowa Code Sections 714.1(4), and 714.2(3) committed as follows:

The said Defendant, Chad Russell Sexton, on or about July 1, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully exercise control over stolen property, to-wit:

Property belonging to Iowa Auto in Sac City, having a value in excess of $500 but less than

$1,000; while knowing or having reasonable cause to believe that the property was stolen.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

mailto:[email protected]:[email protected]


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STATE OF IOWA, No. FECR012446Plaintiff,

ORDER PERMITTINGvs. AMENDED TRIAL

INFORMATION Co!nt ICHAD RUSSELL SEXTON,

D"f"n#ant.

T$" %att"& of t$" Stat" of Io'a() R"*!")t fo& L"a+" of Co!&t to A%"n# T&ial

Info&%ation o%") on -"fo&" t$" Co!&t an# t$" Co!&t ! on "/a%ination of t$" fil") an#&" o) $"&"in fin#) t$at t$" a%"n#%"nt 'ill not %at"&iall $an " t$" i))!") no& 'o&

an $a)$i ) on t$" D"f"n#ant, an# t$at )ai# T&ial Info&%ation a) a%"n#"# $a) -""n

"/a%in"# - %" an# fo!n# to ontain )!ffi i"nt "+i#"n ", if !n"/ lain"#, to 'a&&ant a

on+i tion) - a t&ial 3!& t$" filin of t$i) a%"n#"# T&ial Info&%ation i) $"&"-

a &o+"#.



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Type: OTHER ORDER


So Ordered




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E-FILED 2014 FEB 19 9:30 AM SAC - CLERK OF DISTRICT COURT


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T'* D* *n ant i$ $*nt*n/* t 8a a in* in t'* $ - 62=.00, 8l $ a =B $ (/'a( *,

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S*(#i/*$ ( a t*(- t7 *a($. C n iti n$ 8( 5ati n a(* a$ ll 7$

1. D* *n ant $'all (*8 (t t t'* S*/ n % i/ial Di$t(i/t D*8a(t-*nt C ((*/ti nal

S*(#i/*$ 7it'in a $ t a G$ at* t $i n 8 ( 8( 5ati n $ 8*(#i$i n.

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/ $t$ an **$ 5 7a a 8lan 8a -*nt *#*l 8* 5 'i$ 8( 5ati n i/*(.

. D* *n ant $'all 5* all la7$.

4. D* *n ant $'all ll 7 an t'*( 8( 5ati n ( l*$ *#*l 8* 5 'i$ 8( 5ati n

$ 8*(#i$ (.

T'* (*a$ n$ ( t'i$ $*nt*n/* in/l * t'* ll 7in D* *n antG$ a *> 8(i ( /(i-inal'i$t ( > attit * t 7a( (*'a5ilitati n> a/t$ an /i(/ -$tan/*$ t'i$ /a$*> a-il an

*-8l -*nt /i(/ -$tan/*$> n** ( 8( t*/ti n t'* / -- nit an *t*((*nt i-8a/t 8 n

D* *n ant an t'*($ $i-ila(l $it at* .

Any bond money previously posted is released and exonerated.

A88*al 5 n i$ $*t in t'* $ - 2,000.00.

IT IS FURTHER ORDERED t'at C nt II t'* T(ial In (-ati n i$ i$-i$$* 8 n - ti n

t'* / nt att (n* an 8 ($ ant t 8l*a a (**-*nt. C $t$ a(* ta * t D* *n ant an $'all

5* 8ai t t'* Cl*(: C (t.

COPIES TOC nt Att (n*D* *n$* Att (n*S*/ n % i/ial Di$t(i/t D*8a(t-*nt C ((*/ti nal S*(#i/*$



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Type: OTHER ORDER


So Ordered



Documents

Des Moines Man Convicted of Theft in the Third Degree