Trial Information - State vs Terry Lee Randol - Fecr012427

7/27/2019 Trial Information - State vs Terry Lee Randol - Fecr012427

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E-FILED 2013 OCT 10 9:37 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 OCT 10 9:40 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

TERRY LEE RANDOL ,Defendant.

Case No: 02811 FECR012427

INITIAL APPEARANCE

Charges:01 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD)02 - 713.7 - POSSESSION OF BURGLAR'S TOOLS - 1983 (AGMS)

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 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

7 Years Prison

And/Or $fines of not less than $1,375 nor greater 13,750 plus 35% surcharge and courtcosts

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E-FILED 2013 OCT 11 11:16 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 post a cash or surety bond of $7,500

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 10/21/2013 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 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 THIS

OFFENSE, 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 Courts

Case Number Case TitleFECR012427 STATE VS TERRY LEE RANDOL

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-10-11 11:16:11

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I N T H E I O W A D I S T R I C T C O U R T F O R1013 OCT M h S

Sac C O U N T Y

S T A T E O F I O W A orPla in t i f f /Pe t i t ioner ,

itTResefendant/Respondent.

C r i m i n a l C i v i lN o .

F I N A N C I A L A F F I D A V I T / A PP L I C A T 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

pport ot my-app lication tor appointm ent ot counsel, and under pena lty ot perjury, tne undersigned state:S P l Birth Date: ? / /

In support of my-application fo r appointment of counsel, an d under penalty of perjury, the undersigned statesNameHome Phone: Cell Phone: E-mai l :Street Address

Street/P.O.Box Apt# City State Z ipPending charges: / P U f a t o f V In Jail? Y es N oDo you have a job? Sr -N o Job Y e s , Full Time Y es, Part Time (List Hours/week: )Who do you work for?H ow much money do you currently make before taxes or deductions? _f_ 7) per hour month yearAH o w much money have yo u made in the last 12 months from any source, before taxes or deductions? f 1H ow many family members are supported by or live with you? v L /I f a spouse lives with you, how much money does your spouse make? per hour month yearLis t al l other money you, or anyone else l iving in your household, has coming in : A J /JLLis t what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100:

A J _ f /Lis t amounts you pay monthly fo r mortgages, rent, car loans, credit cards, child support, or any other debts:{ A

A 1/ *I understand I may be required to repay the State for all or part o f my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit. I promise under penalty of perjury that the statements I make .in-this application are trueand that I am unable to pay for an attorney to represent me. ^*>~ !~~ '1'A" s"

/\ t H l '13 Signature * i ^ U I / J ^ t f r t U gate . . . - .. - - -

Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.TERRY LEE RANDOL ,

DEFENDANT.

02811 FECR012427

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Scott Schleisman, 823 W Main St., Lake City, IA (712) 210-0543, a contract attorney, isappointed.The defendant shall contact their attorney within 48 hours.

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Case Number Case TitleFECR012427 STATE VS TERRY LEE RANDOL

Type: ORDER APPOINTING

So Ordered

Electronically signed on 2013-10-12 08:59:32

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.TERRY LEE RANDOL,

DOB: 09-13-1955

Defendant.

CASE NO. FECR012427

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, accuses

defendant, TERRY LEE RANDOL (defendant) of the crime of THIRD DEGREE

BURGLARY, a CLASS D FELONY in violation of Iowa Code sections 703.1 and

713.6A committed as follows: On or around October 10, 2013, in Sac County,

Iowa, defendant entered the residence at 3705 Wadsley Avenue, Auburn, Iowa

51433 (residence). The residence was an occupied structure as defined by

Iowa law. The defendant did not have permission or authority to enter the

residence. The residence was not open to the public. The defendant did so with

the specific intent to commit a felony and / or a theft.

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, accuses

defendant, TERRY LEE RANDOL (defendant) of the crime of POSSESSION

OF BURGLARS TOOLS, an Aggravated Misdemeanor in violation of Iowa Code

section 713.7 committed as follows: On or around October 10, 2013, in Sac

County, Iowa, defendant had the following items in his possession: binoculars,

facemask, hose, propane torch, flashlight, headlamp, box of zipper bags, large

bolt cutters, large knife, wire cutters (collectively, tools). The defendant intended

to use the tools to commit a burglary.


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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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Type: Approval of Trial Information

Case Number Case Title

FECR012427 STATE VS TERRY LEE RANDOL

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 2013-10-21 09:10:40 page 3 of 3



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.TERRY LEE RANDOL,

Defendant.

CASE NO. FECR012427

ORDER SET ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to

warrant a conviction in a trial by jury, therefore, this matter shall be set for

Arraignment.

IT IS HEREBY ORDERED, the defendant shall personally appear for

Arraignment at the Sac County Courthouse, District Courtroom, 100 NW StateStreet, Sac City, Iowa on November 4, 2013 at 9:00 a.m.

The Defendant is HEREBY NOTIFIED that failure to appear will result in the

issuance of an arrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release

from custody in this matter shall be:

_Defendant is released on personal recognizance.

_Bond is set in the amount of $ .

_Bond may be unsecured.

_Bond must be cash or secured in the amount of the

Bond.

_10% cash may be posted.

X Bond previously set shall continue.

Other Conditions of Release:

_The Defendant shall be on pre-trial supervision to the Second

Judicial District Department of Correctional Services.

_The Defendant shall obey all Federal, State, and Local

laws.Other:



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012427 STATE VS TERRY LEE RANDOL

So Ordered

Electronically signed on 2013-10-21 09:10:41 page 2 of 2

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Trial Information - State vs Terry Lee Randol - Fecr012427