Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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Transcript of Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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8/14/2019 Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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E-FILED 2013 OCT 13 2:52 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff, v. ROBERT GAVIN AUGSPURGER ,
Defendant.
02811 FECR012432
ORDER
This matter comes before the court on the sheriff's request for the issuance of a warrant. It isORDERED that the clerk shall issue a warrant for the defendant's arrest on these charges and that nobond shall be allowed at this time.
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E-FILED 2013 OCT 14 11:08 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012432 STATE VS ROBERT GAVIN AUGSPURGER
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-10-14 11:08:28
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E-FILED 2013 OCT 14 11:08 AM SAC - CLERK OF DISTRICT COURT
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I N T H E I O WA D I S T R I C T C O U R T F O R S A C C O U N T Y
M A G I S T R AT E D I V I S I O N
S TAT E OF I O WA ,
Plaintiff M A G I S T R AT E N O .
m*ig COURT OF MABOUNTY WAFILED
m ^ n P W 3 : 0 3
I N I T I A L A P P E A R A N C E
Defendant
On this day of r>&* , 20 V>, the Defendant herein appears hefore theears hefore tundersigned Magistrate in and for ac County, having been charged with the crime^of ^ C A ^ J
, being a violation of SectionIowa.
The Court advises the Defendant as follows:
of the Code of
That he/she has the right to remain silent. That any statement made by the Defendant can andwould be used against him/her in a Court of law. That he/she has the right to have an attorneypresent at al l stages of the proceeding and, if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.
That he/she is charged with a violation of SectionFelony - ClassAggravated MisdemeanorSerious Misdemeanor
_, which is classified as:
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:One Year County Jail
Years PrisonA n d / O r $ Fine
4. That to obtain the services of an attorney at the expense ofthe State of Iowa, application forCourt-appointed counsel must be completed, reviewed by the Sac County Attorney and filed withthis Court.
(a) You wil l be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you wi l l ful ly fa i l to appear before any court as required, you shall beguilty o f a Class. D felony/serious misdemeanor; or(b) (If appropriate) Upon consideration ofthe factors in Section 811.2, tha Court ia notII II l l l l l l l l l j III MM 111 (l l l l jHIII h i pppar at all cour t prnrgprlinng in ihe. fn tnvf an d thfi-nfrirp the
Court imposes the following conditions on your release:(V) y/ifci y\U fr Ulh n/^ i.
6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justi fy further prosecution of the Defendant as charged. Prior tp apreliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Tr i a l Informationmay 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:
^ Set f or the, day of A . M . in theMagistrate Courtroom, Courthouse. Sac C i tv. Sac r nty Tr '
^ \ ] \ , 1 If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791 J^ f . I before attending this hearing to determine whether or not it wi l l be held. t
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8. IF Y O U H AV E N O T B E E N F I N G E R P RI N T E D A N D PH O T O G R A P H E D F O R THISO F F E N S E , Y O U M U S T R E P O RT TO THE S A C C O U N T Y S H E R I F F S D E PA R T M E N T W I T H I N 10 D AY SF R O M THIS D AT E TO DO SO. IF D E F E N D A N T HAS NOT PR E S E N T E D T H E M S E LV E S W I T H I N 10D AY S F R O M THIS D AT E , THE SAC C O U N T Y S H E R I F F S D E PA R T M E N T IS O R D E R E D AT HISC O N V E N I E N C E TO P I C K U P D E F E N D A N T TO B E P H O T O G R A P H E D A N D F I N G E R P R I N T E D .
I f you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district A D A coordinator at (641) 421-0990. (If you are hearing impaired, call Relay IowaT T Y at 1-800-735-2942.)
Warren L . Bush/Joseph J. Heidenreich, Judicial Magistrate
Copies to:County AttorneyDefendantSac County Sheriff
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8/14/2019 Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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E-FILED 2013 OCT 18 8:55 AM SAC - CLERK OF DISTRICT COURT
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8/14/2019 Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.ROBERT GAVIN AUGSPURGER,
DOB: 08-08-1991
Defendant.
CASE NO. FECR012432
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, ROBERT GAVIN AUGSPURGER (defendant) of the crime ofTHEFT - POSSESSION OF STOLEN PROPERTY, a CLASS C FELONY inviolation of IOWA CODE SECTIONS 714.1, 714.2, and 714.2(1) committed asfollows: On or around September 29, 2013, in Sac County, Iowa, defendantexercised control over stolen property, knowing such property to have beenstolen, or having reasonable cause to believe that such property had beenstolen. The property at issue exceeded $10,000 in value.
A TRUE INFORMATION
Benjamin John Smith - AT0008834
Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
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8/14/2019 Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case TitleFECR012432 STATE VS ROBERT GAVIN AUGSPURGER
On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2013-10-21 09:10:25 page 2 of 2
E-FILED 2013 OCT 21 9:10 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
ROBERT GAVIN AUGSPURGER,
Defendant.
CASE NO. FECR !"#$"
ORDER SET ARRAIGN%ENT AND BOND
T&e TRIA' INFOR%ATION and t&e %INUTES OF EVIDENCE in t&i( )atte*&ave +een e a)ined and f- nd t- /-ntain ( ffi/ient eviden/e, if ne 0lained, t-1a**ant a /-nvi/ti-n in a t*ial +2 3 *2, t&e*ef-*e, t&i( )atte* (&all +e (et f-*
A**ai4n)ent.
IT IS HEREBY ORDERED, t&e defendant (&all 0e*(-nall2 a00ea* f-* A**ai4n)ent at t&e Sa/ C- nt2 C- *t&- (e, Di(t*i/t C- *t*--), ! NW StateSt*eet, Sa/ Cit2, I-1a -n November 4, 2013 at 9:00 a.m. T&e Defendant i(HEREBY NOTIFIED t&at fail *e t- a00ea* 1ill *e( lt in t&e i(( an/e -f an a**e(t1a**ant.
IT IS FURTHER ORDERED, t&e Defendant5( +-nd and /-nditi-n( f-* *elea(ef*-) / (t-d2 in t&i( )atte* (&all +e6 B-nd 0*evi- (l2 (et (&all /-ntin e and t&edefendant (&all -+e2 all Fede*al, State, and '-/al la1(.
E-FILED 2013 OCT 21 9:10 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case TitleFECR012432 STATE VS ROBERT GAVIN AUGSPURGER
So Ordered
Electronically signed on 2013-10-21 09:10:25 page 2 of 2
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8/14/2019 Application for Appointment of Counsel - State vs Robert Gavin Augspurger - Fecr012432
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, * No: FECR012432Plainti , *
*!"# * ORDER TO
* RESCHEDU$E ARRAI%N&ENTROBERT GAVIN AUGSPURGER, *
D' 'n(ant# *
T)' a o!' +att' )a" - '!io."l/ ''n "'t o A ai n+'nt on No!'+ ' 4, 2013#
T)' Co. t in(" t)at t)i" +att' n''(" to ' ontin.'(#
IT IS THEREFORE ORDERED t)at A ai n+'nt in t)i" +att' ill '
'" )'(.l'( to t)' 18 th (a/ o November 2013 at 9:00 o !"o!# A$% #, in t)' Sa Co.nt/
Di"t i t Co. t oo+, Sa Cit/, Io a# D' 'n(ant " -' "onal a--'a an ' i" ' .i '(# In t)'
'!'nt D' 'n(ant ail" to a--'a , an a '"t a ant +a/ i"".'#
O i inal Fil'(Co-i'" to:Co.nt/ Atto n'/D' 'n(ant
E-FILED 2013 NOV 04 8:50 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case TitleFECR012432 STATE VS ROBERT GAVIN AUGSPURGER
So Ordered
Electronically signed on 2013-11-04 08:50:34 page 2 of 2
E-FILED 2013 NOV 04 8:50 AM SAC - CLERK OF DISTRICT COURT
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