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STATE OF IOWA
Plaintiff
vs
Summons or Citation
IAN CARTER SEXTON
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
THEFT 1ST DEGREE
BURGLARY 3RD DEGREE
in 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 on
11/04/2013 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 as
contempt of court.
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).
02811 FECR012447
Plaintiff,
v.
ORDER
IAN CARTER SEXTON ,
Defendant.
Defendant was summoned to appear on this date at 8:30 a.m. but did not. The clerk shall issue a
warrant for his arrest.
1 of 2
Case Title
STATE VS IAN CARTER SEXTON
OTHER ORDER
So Ordered
2 of 2
INITIAL APPEARANCE
Charges:
01 - 714.2(1) - THEFT 1ST DEGREE - 1978 (FELC)
02 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD)
The class C felony carries a penalty of up to 10 years in prison and a fine of not less than 1000 or
greater than $10,000. The class D felony carries a penalty of up to five years in prison and a fine of
not less than 750 or greater than $7500
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 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
Total of up to 15 years Years Prison
And/Or $fines of not less than $1750 or greater than $17,500 +35% surcharge and court
costs.
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:
Defendant must post a cash or surety bond in the amount of $15,000. In the event the defendant is
released on bond he shall obey all laws of the state of Iowa in the United States.
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 09/22/2014 at 10:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
Case Title
STATE VS IAN CARTER SEXTON
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
STATE OF IOWA or
2G!'H SFP -9
COUNTY
Sac
Criminal
PM l-.: |6
Civil
PlaintiflFyPetitioner,
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: _ L . A / N
Home Phone:
T r\
E-mail:
Al /A
A'/Vt
Street/P.O. Box
State
Crfy
C,(/f<{lc^ V
Pending charges:
Do you have a job? ^
No Job
* Zip
In Jail? jSYes No
p....
U J
^/
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: <A)
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 nnder 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 '/'
, . .*
- / /
;j
STATE OF IOWA,
PLAINTIFF,
VS.
IAN CARTER SEXTON ,
02811 FECR012447
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.
1 of 2
Case Title
STATE VS IAN CARTER SEXTON
ORDER APPOINTING
So Ordered
2 of 2
VS.
DEFENDANT.
NO. FECR012447
APPEARANCE OF COUNSEL
FOR DEFENDANT
* * * * * * *
COMES NOW Thomas E. Gustafson, Gustafson Law Firm, 36 South 12th Street,
P.O. Box 57, Denison, Iowa 51442, and enters his Appearance as the Court-appointed
attorney in this matter on behalf of the above-named Defendant, Ian Carter Sexton.
Dated this 4th day of September, 2014.
IAN CARTER SEXTON
Defendant
__/ s / Thomas E. Gustafson__
Thomas E. Gustafson
GUSTAFSON LAW FIRM
ICIS Pin AT0003025
36 South 12th Street, P.O. Box 57
Denison, Iowa 51442
712-263-6475 telephone
712-263-5602 facsimile
guslaw@frontiernet.net
Original filed electronically
VS.
DEFENDANT.
NO. FECR012447
APPLICATION FOR
IMMEDIATE BOND REVIEW
*
* * * * * * *
Defendant
_/ s / Thomas E. Gustafson_
Thomas E. Gustafson
GUSTAFSON LAW FIRM
36 South 12th Street, P.O. Box 57
Denison, Iowa 51442
712-263-6475 telephone
712-263-5602 facsimile
guslaw@frontiernet.net
Original filed electronically
Cc: Defendant
2RCR10
STATE OF IOWA,
PLAINTIFF,
vs.
IAN CARTER SEXTON ,
ORDER
DEFENDANT.
The Defendant has filed an application for bond review. A Bond Review is
scheduled on 09/22/2014 at 11:30 AM at the Sac Co. Courthouse, 100 NW State St.,
Sac City, Iowa.
The sheriff shall deliver the Defendant to the courthouse for this hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS IAN CARTER SEXTON
ORDER SETTING HEARING
So Ordered
2 of 2
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
NAMES OF WITNESSES:
JOHN THOMSEN, CHIEF OF POLICE, SAC CITY POLICE DEPARTMENT
MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT
CHAD RUSSELL SEXTON, OCCUPATION UNKNOWN
LEONARD SIMPSON, OWNER, CAR QUEST-IOWA AUTOMOTIVE, SAC CITY
CRAIG STORK, OWNER, CJ STORK TRANSFER INC.
CUSTODIAN OF RECORDS
VERIZON WIRELESS CUSTODIAN OF RECORDS
CITIZENS BANK CUSTODIAN OF RECORDS
DAVE SCHNOEBELEN, OPERATIONS MANAGER, CARQUEST
Case Number
FECR012447
Case Title
STATE VS IAN CARTER SEXTON
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
page 3 of 3
Case Number
FECR012447
Case Title
STATE VS IAN CARTER SEXTON
So Ordered
page 2 of 2
2RCR02
vs.
IAN CARTER SEXTON ,
DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
September 12, 2014.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Thomas Gustafson.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on November 4, 2014, at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/20/2014
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If the Defendant chooses to take depositions of minuted State's witnesses,
depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions
of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may
depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions
shall be at public expense. Upon Defendant's request, the State is ordered to disclose
evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary
discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the
Defendant opts to request discretionary discovery and the State requests reciprocal
discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).
Either party may object to the order for discretionary discovery and have the matter set
for hearing. The State shall disclose any exculpatory evidence, including any evidence
relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS IAN CARTER SEXTON
ORDER SETTING TRIAL
So Ordered
3 of 3
NO. FECR012447
VS.
DEFENDANT.
*
* * * * * * *
Within 48 hours of his release from jail, the Defendant shall provide to his attorney
for filing with the Court, the address where he will reside pending trial of this matter,
and shall also at that same time submit to his attorney, his cell phone number and/or
land line number. The Defendant shall not move from that residence nor change his
cell phone and/or land line number without first obtaining permission from the Court
to do so.
2. Upon his release from jail pursuant to this Order, the Defendant shall promptly
contact his attorney at 712-263-6475.
3. The Defendant shall maintain contact with his attorney as his attorney may direct.
4. The Defendant shall appear before this Court at all times he is ordered to do so.
The Clerk of Court shall provide copies of this Order to counsel of record, to the Sac
County Jail and to the Sac County Sheriff for personal service upon the Defendant prior to his
release from custody.
OTHER ORDER
Case Number
FECR012447
Case Title
STATE VS IAN CARTER SEXTON
So Ordered
page 2 of 2
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On October 15, 2014, the parties conducted a Pretrial Conference as ordered or
in anticipation of the same. The State appeared by the Sac County Attorney,
Ben Smith. The Defendant appeared by his attorney, Tom Gustafson. The
parties, through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to count one amended to theft in the third
degree, an aggravated misdemeanor, with an indeterminate two year sentence
imposed, credit given for time spent in custody, the balance of the sentence
suspended and with Defendant placed on informal probation through the Sac
County Probation Office for two years. Defendant has also agreed to pay a
$625.00 fine together with the applicable surcharges and court costs, along with
victim restitution and restitution for Court-appointed attorney fees, and victim
restitution to be joint and severally with the Co-Defendant. The State has agreed
to recommend the foregoing and dismiss count two in the Trial Information.
Defendant intends to submit a written guilty plea by October 31, 2014.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
__________________________
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
STATE OF IOWA,
02811 FECR012447
Plaintiff,
vs.
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 11/05/2014 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
Case Title
STATE VS IAN CARTER SEXTON
OTHER ORDER
So Ordered
2 of 2
Date: 10/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
FECR012447
No.
vs.
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
IAN CARTER SEXTON ,
ORDER
DEFENDANT.
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 31, 2014. If any objection is filed on or
before October 31, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before October 31, 2014, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS IAN CARTER SEXTON
OTHER ORDER
So Ordered
2 of 2
Victim Name/Address:
CAR QUEST/ IOWA AUTO
1705 WEST MAIN STREET
SAC CITY IA 50583
Type of Loss
Financial Damages
Lost Wages
Property Damages
Miscellaneous
Damages
Amount
Total for this Victim:
Amt of Loss
$
$
$
$497.12
Deductible
$
$
$1500
$
$1997.12
Restitution Amt
$
$
$1500.00
$ 497.12
No. FECR012447
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION-COUNT I
vs.
IAN CARTER SEXTON,
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: THEFT IN THE THIRD DEGREE, an Aggravated Misdemeanor in
violation of Iowa Code Sections 714.1(1) and 714.2(3).
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.
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
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 October 28, 2014by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[ ] Overnight Courier
[ ] Certified Mail
[ x] EDMS
Signature: /s/Norma Hecht
AMENDED-Count I
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, Ian Carter Sexton of the
crime of THEFT IN THE THIRD DEGREE, an Aggravated Misdemeanor in violation of Iowa
Code Sections 714.1(1) and 714.2(3) committed as follows:
The said Defendant, Ian Carter Sexton, on or about July 1, 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 $500 but not exceeding $1,000, with the intent
to deprive the other thereof.
A TRUE INFORMATION
Prosecuting Attorney
OTHER ORDER
Case Number
FECR012447
Case Title
STATE VS IAN CARTER SEXTON
So Ordered
page 2 of 2
FECR012447
Plaintiff,
v.
November 5, 2014
CHARGE:
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the above-described crime and
pursuant to Iowa Code Section 903.1.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $625.00;
(2)
a 35% surcharge of $218.75;
(3)
court-appointed attorney fees in a sum to be certified by
Mr. Gustafson;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
restitution in favor of Car Quest (Iowa Automotive) in the
amount of $1,997.12 to be paid jointly and severally with codefendant Chad Russell Sexton; and
(6)
the court costs of this action.
Defendant shall pay all financial obligations owed to the Clerk of
Court of this county or online at www.iowacourts.gov. All such
(2)
(3)
(4)
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
The Court publicly announced and/or hereby publicly announces that
Defendants term of incarceration may be reduced from the maximum sentence
because of statutory earned time, work credits, and program credits and that
Defendant may be eligible for parole before the sentence is discharged.
5.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
6.
Appeal Bond is set in the sum of $5,000.00, cash or surety.
7.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
8.
IT IS FURTHER ORDERED that Count II of the Trial Information is
dismissed upon motion of the county attorney and pursuant to plea agreement. Costs
are taxed to the Defendant.
OTHER ORDER
Case Number
FECR012447
Case Title
STATE VS IAN CARTER SEXTON
So Ordered
page 4 of 4