Convicted of Burglary in the 3rd Degree

E-FILED 2013 DEC 06 2:01 PM SAC - CLERK OF DISTRICT COURT

SUMMONS OR CITATION Case no. 02811 FECR012472

TO: TERRY LEE RANDOL 810 CLINTON STREET DES MOINES IA 50313

DOB: 09/13/55 SS/PIN: SA1273844

YOU ARE HEREBY NOTIFIED that you have been charged w i t h the crime of

ONGOING CRIMINAL CONDUCT, THEFT 2ND (2), BURGLARY 3RD (3)

You are, t h e r e f o r e , ORDERED TO APPEAR to answer t h i s charge at

8:30 o'clock AM .M. on the 16th day of December , £©2 013 i n the

Magistrate Courtroom on the 2nd f l o o r of the Courthouse i n the C i t y of

Sac C i t y .

YOU ARE FURTHER NOTIFIED that f a i l u r e t o appear may c o n s t i t u t e a crime

or be punishable as contempt of court.

Date of t h i s mailing:12/06/13

IF YOU DO NOT APPEAR ON THE ABOVE DATE AND TIME, A WARRANT WILL BE ISSUED FOR YOUR ARREST!

Note: I f issued pursuant to S e c t i o n 804.1 of the Code, t h i s n o t i c e may be signed by the Magistrate before whom the complaint was f i l e d ; otherwise i t must be signed by the C l e r k of Court.

SERVICE: Although personal s e r v i c e i s p r e f e r a b l e , t h i s n o t i c e can be served i n the manner of an o r i g i n a l n o t i c e (804.1).

I f you r e q u i r e the a s s i s t a n c e of a u x i l i a r y a i d s or s e r v i c e s to p a r t i c i p a t e i n court because of a d i s a b i l i t y , immediately c a l l your d i s t r i c t ADA coordinator at (641)421-0990. (If you are hearing impaired, c a l l Relay Iowa at 1-800-735-2942.)

i n v i o l a t i o n of S e c t i o n 706.A, 714.1, 713 of the Iowa C r i m i n a l Code./

Donna Geery, Cl e r k of D i s t r i c t Court

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TERRY LEE RANDOL , Defendant.

Case No: 02811 FECR012472

INITIAL APPEARANCE

Charges:01 - 706A.2(4) - ONGOING CRIMINAL CONDUCT - UNLAWFUL ACTIVITY (FELB)02 - 714.10 - FRAUDULENT PRACTICE 2ND DEGREE - 1978 (FELD)03 - 714.10 - FRAUDULENT PRACTICE 2ND DEGREE - 1978 (FELD)04 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD)05 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD)06 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD)Defendant is charged with three counts of burglary in the 3rd degree which are all class D felonies,two counts of theft in the second degree which are also class D felonies, and one count of ongoingcriminal conduct which is a class B felony 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 (5); Class B (1) 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

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E-FILED 2013 DEC 16 10:03 AM SAC - CLERK OF DISTRICT COURT

Each Class D up to 5 years in prison and the class B up to 25 Years Prison And/Or $750.00 to $7,500 plus 35% surcharge and court costs for each of the class Dfelonies 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 in the amount of $50,000 ($5,000 for each class D and $25,000for the class B felony. 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 12/23/2013 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 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 TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-12-16 10:03:55

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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012472 Plaintiff, vs. TRIAL INFORMATION

TERRY LEE RANDOL,DOB: 09/13/1955 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, Terry Lee Randol of

the crime of COMMISSION OF SPECIFIED UNLAWFUL ACTIVITY, a Class B Felony in

violation of Iowa Code Sections 706A.1 and 706A.2(4) committed as follows:

The said Defendant, Terry Lee Randol, on or about March 25, 2013 through October

10, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit Burglary

and Theft, acts for financial gain on a continuing basis, that are punishable as indictable

offenses (Class D Felony).

COUNT II

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and


the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code

Sections 714.1 and 714.2(2) committed as follows:

The said Defendant, Terry Lee Randol, on or about October 1, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully commit Theft in the Second Degree by taking

property belonging to Mary Broderson from 3975 Dean Avenue, Kiron Iowa; said property

having a value exceeding $1,000 but not exceeding $10,000.

E-FILED 2014 JAN 13 11:15 AM SAC - CLERK OF DISTRICT COURT

2

COUNT III

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 of the

crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code

Sections 714.1 and 714.2(2) committed as follows:


Sac and State of Iowa, did unlawfully and willfully commit Theft in the Second Degree by taking

property belonging to Marlin Gunderson from 2238 390th Street, Kiron Iowa; said property

having a value exceeding $1,000 but not exceeding $10,000.

COUNT IV

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa, and


the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code

Sections 713.1 and 713.6A committed as follows:

The said Defendant, Terry Lee Randol, on or about September 16, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully commit Burglary in the Third

Degree upon the property of Fertig Farms at 2236 390th Street Wall Lake Iowa.

COUNT V





The said Defendant, Terry Lee Randol, on or about September 24, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully commit Burglary in the Third

Degree upon the property of Timothy Gunderson at 1360 390th Street, Kiron Iowa.


3

COUNT VI






Sac and State of Iowa, did unlawfully and willfully commit Burglary in the Third Degree upon the

property of Timothy Gunderson at 1360 390th Street Kiron Iowa.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


mailto:[email protected]

4

THE STATE OF IOWA vs. TERRY LEE RANDOLCriminal Cause: FECR012472COUNT I: Commission of Specified Unlawful ActivityCOUNT II: Theft in the Second DegreeCOUNT III: Theft in the Second DegreeCOUNT IV: Burglary in the Third DegreeCOUNT V: Burglary in the Third DegreeCOUNT VI: Burglary in the Third Degree

NAMES OF WITNESSES:

KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

DARWIN CHAPMAN OR DESIGNATED CRMINALIST, CRIMINALIST, IOWA DEPARTMENT OFPUBLIC SAFETY DCI CRIMINALISTICS LABORATORY

KATHLEEN ROSE HELLER, OCCUPATION UNKNOWN

JAMES KECK, OCCUPATION UNKNOWN

TIMOTHY GUNDERSON, FARMER

MARLIN RALPH GUNDERSON, RETIRED

MARY BRODERSON, OCCUPATION UNKNOWN

RICK BRODERSON, OCCUPATION UNKNOWN

FERTIG FARMS, DALE FERTIG AND SHARON FERTIG, FARMERS

SCOTT JACOBS, FARMER

RAY WILLHOITE, FARMER

FORREST DWAYNE PRESLEY, OCCUPATION UNKNOWN

MARY LOUISE SIEBRECHT, OCCUPATION UNKNOWN

LADON JOHN SIEBRECHT, FARMER


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012472 STATE OF IOWA 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 2014-01-13 11:15:38 page 5 of 5


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, VS. TERRY LEE RANDOL, Defendant.

CRIMINAL NO. FECR012472

ORDER SET ARRAIGNMENT

And APPROVE 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 ORDERED, the Defendant shall personally appear for Arraignment at the

Sac County Courthouse, District Courtroom, Sac City, Iowa on the 27th day of January 2014 at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendant’s 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.

Bond previously set, at the initial appearance, shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws. The Defendant shall have no contact with the victim or any witness set forth in the minutes of evidence in this matter.

The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services.

Other:



Type: ORDER FOR ARRAIGNMENT


So Ordered


•DISTRICT COURT OF IOWA SAC COUNTY

IN THE IOWA DISTRICT COURT FOR Sac 201*1 JAN 15 AM lis 06

COUNTY

STATE OF IOWA or

PlamtiffiTetirioner,

Defendant/Respondent.

Criminal Civil

NO. rtcmwxL FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

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

N a m e : ^ C ^ B i r t h Date: ? / / ^ A ^ T

Home Phone: Cell Phone: E-mail:

Street Address: \ g / & < Z / J A J T Q I J A f e ^ f ^ J J O g ^ A < - H > $ / £ Street/P.O.Box ^ c I ^ J v Apt# City

Pending charges: J£?t&fy/&t «t / y

State Zip

InJail?^Yes C2No

Do you have a job? /Ef^No Job • Yes, Full Time • Yes, Part Time (List Hours/week: )

Who do you work for? •

How much money do you currently make before taxes or deductions? £ J per • hour • month • year

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

How many family members are supported by or Kve with you? • / )

If a spouse lives with you, how much money does your spouse make? . ^ j r f e t • hour • month • year

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

/) •" • -'• • List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $ 100:

L _ /

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

137

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 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 S / K / < i / Signature . ^ ^ V f

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TERRY LEE RANDOL , DEFENDANT.

02811 FECR012472

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Charles Schulte, a contract attorney, is appointed.

1 of 2


State of Iowa CourtsCase Number Case TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISRICT COURT FOII SAC COUNTY

STATE OF IOWA, CRIMINAL NO FECROI2472

WRITTEN ARITAIGNMENT,

PLEA OF NOT GUILTY

v s .

TERRY LEE RANDOL

DefendantDate Trial Infornatiott llled: 0l/13/2014

COMES NOW the Def'endant in the above-captioned criminal casc and under oath states:

l. I am represented by Attorncl" Charles A. Schulte. whosc address and phone numbcr are

421 Main St. , PO Box 392, Sac City. IA. 50583; (712) 662-4715.

2. M-v current mailing and residence address and phone number are 810 Clinton Ave.,

Dcs Moines. IA 503l3. My phone nunber is: NO PHONE . My date of bir th is 09-13-

1955. I can read and understand the English language and have completed the following

level of education: l2 Years.

4. I have been advised by my attomey and understand that I have a right to arraignment

in open Court, and I voluntarily rvaive that right, choosing instead to sign this Written

Arraignment and Plea of Not Guilty. I understand that times for furthcr proceedings

which are computed liom the date of arraignment rvill be computed from the date of

filing this Written Arraignment and Plea of Not Guilty.

5. I have received a copy of the Trial Intbrmation which charges me with the crimc of

COUNT I: COMMISSION OF SPECIFIED UNLAWFUL ACTIVITY in violation

of Iorva Code Section ?06A.1 and 706A.2(4); COUNT II: THEFT IN THE SECOND

DEGREE in violation of Iowa Code Section 174.1 and714.2(2); COUNT III: THEFT

IN THE SECOND DEGREE in violation of lowa Code Section 71'1.1 and 714.2(2);

COUNT IV: BURGLARY IN THE THIRD DEGREE in violation of lorva Code

Sect ion 713.1 and 713.64; COUNT V: BURGLARY IN THE THIRD DEGREE in

violation of Iowa Codc Section 713.1 and 713.64; COUNT Vl: BUIIGLARY IN

THE THIRD DEGREE in violation of Iorva Code Section 713.1 and 713'64.

6. With regard to the name by which I am charged in the frial Information (either check"a" or check and complete "b"):

-''11t'fne name on the Trial Inlbrmation is my true name. I have been advised

and und6rstand rhar I am nou precluded from objecting to the Trial Inlbrmation upon the

ground that I am improperly named.

( )b. 'l'he

name shorvn on the Trial Information is not my true name My true

name is. i request that an entry be made in the minutes showing my true name. I have


been advised and understand further proceedings will bc had againsl me by that name.thc Trial Information will be amended accordingly, and when the Trial Information is soamended, I will be precluded from objecting upon the grounds I am improperly named.

7. I have been advised and understand that I may plead guilty. not guilty or formerconviction or acquittal.

8. For the purpose of this anaignment. I have had sufficient time to discuss my case withmy attomey. and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charges in paragraph 5 above.

10. I have been advised and understand that I have a right under Rule 2.33(2)(b) o1'1heIowa Rules o.f Criminal Procedure to a trial within ninety days/one ycar after the filing ofthc Trial lnformation and (check either "a" or "b"):

,"tlz{a. I demnd speedy trial pursuant to Rule 2.33(2)(b) and (c).

( ) b. I waii,e my right to a speedy trial pursuant to Rule 2.33(2)(b) and (c).

l l . I request that atr ia l datcbesetpursuanttoRule8. l of the. lo l ,a Rules t t f Cr iminclProcedure. My attorney and I will be available for trial on the following days: AnyTime.

Original to be filed with Clerk of CourtCopy providcd to:Sac County Attorney

Attorney for Defendant


2RCR02


STATE OF IOWA, PLAINTIFF, vs. TERRY LEE RANDOL , DEFENDANT.

Case No. 02811 FECR012472 ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onJanuary 24, 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 Charles A. Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on April 8, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 03/10/2014at 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 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.

1 of 3

E-FILED 2014 JAN 24 1:17 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE

2 of 3


State of Iowa CourtsCase Number Case TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: ORDER SETTING TRIAL

So Ordered


3 of 3



STATE OF IOWA,

Plaintiff,

v.

TERRY LEE RANDOL,

Defendant.

CASE No. FECR012472

ORDER SETTING PLEA HEARING

This case came before the Court on the parties joint request for an order

scheduling a plea hearing. The Court, after reviewing the record and being

advised in the premises FINDS and ORDERS a plea hearing in this matter shall

be and is scheduled for February 24, 2014, at 1:30 p.m. in the courtroom at the

Sac County Courthouse, Sac City, Iowa 50583.

IT IS FURTHER ORDERED if the defendant fails to personally appear before

this Court at the above-scheduled date and time, a bench warrant may issue for

defendant’s arrest.

E-FILED 2014 FEB 21 1:34 PM SAC - CLERK OF DISTRICT COURT


Type: OTHER ORDER


So Ordered



2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. TERRY LEE RANDOL , Defendant.

Case No. 02811 FECR012472 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: Chuck SchulteOther: Information required by Iowa Rule of Civil Procedure 1.903(3):I, Tara Gibson, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3): 1. The type of proceeding that was reported: guilty plea 2. The date(s) on which the proceeding occurred: February 24, 2014 3. The name of the court reporter who reported the proceeding: Tara Gibson 4. The name of the judge who presided over the proceeding: Gary McMinimee 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10. /s/ Tara Gibson ___________________________________ District Court Reporter

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State of Iowa CourtsCase Number Case TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


2 of 2




Case No. 02811 FECR012472 O R D E R

Date of Hearing: February 24, 2014

Charge: Theft in the Second Degree and Burglary in the Third Degree, in violation of

Iowa Code Section(s) 714.1 and 714.2(2) and 713.1 and 713.6A

1. The Defendant was present with counsel, Charles Schulte. The State of Iowa

was represented by Ben Smith.

2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of

guilty to the above-described charge(s).

3. The conditions of Defendant's release, as previously established, shall remain

in effect pending sentencing.

4. The Court advised the Defendant of his right to file a motion in arrest of

judgment, pursuant to IRCrP 2.24(3), to preserve his right of appeal to the Iowa

Supreme Court based on any defect in the guilty plea proceeding.

The plea agreement was set forth on the record

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

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1. A Sentencing Hearing is scheduled on 03/24/2014 at 11:30 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear

for this hearing.

2. The Department of Correctional Services shall prepare and file a presentence

investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa

Code Chapter 901. The clerk of court shall furnish to the Department of Correctional

Services a copy of the Trial Information and Minutes of Testimony.

3. The Defendant shall contact the Department of Correctional Services by

telephone or in person within 24 hours of the acceptance of the guilty plea to schedule a

presentence investigation interview.

If the Defendant is confined, the sheriff shall transport the Defendant to the

courthouse for this hearing.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

DEPARTMENT OF CORRECTIONAL SERVICES

SAC COUNTY SHERIFF

2 of 3


State of Iowa CourtsCase Number Case TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: OTHER ORDER

So Ordered


3 of 3



STATE OF IOWA CRIMINAL CAUSE NO. FECR012472Plaintiff,

vs. STATEMENT OF PECUNIARY LOSS

TERRY LEE RANDOL,Defendant.

COMES NOW Benjamin John Smith Sac County Attorney as prosecuting attorney for the State ofIowa, and states to the Court that the victim requests that restitution be ordered in the above-captionedcause as shown below and/or on the attached sheets.

Victim Name/Address:Mary (Rick) BRODERSON25 N GROVEPO Box 144KIRON IA 51448

Type of Loss Amt of Loss Deductible Restitution AmtFinancial Damages $ $ $Property Damages $ $ $Miscellaneous $ 400.00 $ n/a $ 400.00(Stolen Property)-

Generator

Total Restitution to be Ordered: $400.00

Dated this 12th day of March, 2014.

Benjamin John Smith, Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583(712) 662-4791Fax: (712) [email protected]

PROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by:[x ] Depositing in the U.S.Mail, postage prepaid, in envelopes addressed to the victim[x ] Faxing to a fax machine number provided to our office to DOC

[x ] EDMS to attorney of record

On March 12, 2014

By: /s/Norma Hecht

E-FILED 2014 MAR 12 11:02 AM SAC - CLERK OF DISTRICT COURT



STATE OF IOWA CRIMINAL CAUSE NO. FECR012472Plaintiff,

vs. STATEMENT OF PECUNIARY LOSSTERRY LEE RANDOL,

Defendant.COMES NOW Benjamin John Smith Sac County Attorney as prosecuting attorney for the State of Iowa, and

states to the Court that the victim requests that restitution be ordered in the above-captioned cause as shown belowand/or on the attached sheets.

Victim Name/Address TIMOTHY GUNDERSON, 1393 360th Street , KIRON IA 51448

1992 Chevy Pickup --- recoveredPickup had full tank of gas when stolen but ¼ tank when recovered……cost to refill tank $ 75.00Towing charges from Hardin County Sheriff’s office … 149.80Cost to haul pickup back from Hardin County ………. 620.00(Mr. Gunderson conferred with a local hauling company to compute the cost of retrieving the pickup.)1- 50’ extension cord 65.991- 100’ extension cord 89.99Copper lines (stolen; replaced and stolen again) 269.64Welding cables (stolen; replaced and stolen again) 231.31Bolt cutters 56.99Propane torch – recovered by sheriff 59.992 gallons oil Rotella 15-40 28.98Total loss for Timothy Gunderson $1647.69

Total Restitution to be Ordered: $1,647.69

Dated this 12th day of March 2014.

Benjamin John Smith, Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583(712) 662-4791Fax: (712) [email protected]

PROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon allparties to the above cause by:[x] Depositing in the U.S.Mail, postage prepaid, in envelope addressed to the victim.[x] Faxing to a fax machine number to DOC[ ] Hand Delivery[x ] EDMS to Attorney of record on the 12th day of March 2014,by: /s/Norma Hecht



2RCR25


STATE OF IOWA, PLAINTIFF, vs. TERRY LEE RANDOL , DEFENDANT.

Case No. 02811 FECR012472 ORDER

The State has orally moved to continue the hearing scheduled for March 24, 2014.

That motion should be granted.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. The Motion to Continue is granted.

2. The Hearing is scheduled on 04/07/2014 at 11:00 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

Sheriff

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State of Iowa CourtsCase Number Case TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: ORDER FOR CONTINUANCE

So Ordered


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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012472Plaintiff,

vs. STATEMENT OF PECUNIARY LOSSTERRY LEE RANDOL,

Defendant.

COMES NOW Benjamin John Smith Sac County Attorney, as prosecuting attorney for the State ofIowa, and states to the Court that the victim requests that restitution be ordered in the above-captionedcause as shown below and/or on the attached sheets.

Victim Name/Address: Dale and Sharon Fertig FERTIG FARMS 2217 390TH STREET WALL LAKE IA 51466

Description of Loss:Dewalt tools and batteries $1437.00Electric wire & extension cords 2345.00Copper pipe 1050.00Broken door and knob 250.00 Insurance payment -2438.09

Balance due $2,643.91

Type of Loss Amount of Loss Insurance Payment RestitutionAmount

Property Damages $ 250.00Property Loss $4,832.00Total Loss $5,082.00 -$2,438.09 $2,643.91

Total Restitution for this Victim: $ 2,643.91

Dated this 31st day of March 2014.

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

PROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by:[x ] Depositing in the U.S.Mail, postage prepaid to Victim[x] EDMS- Attorney of Recordon March 31, 2014

by: /s/Norma Hecht

E-FILED 2014 MAR 31 2:33 PM SAC - CLERK OF DISTRICT COURT


2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY


Case No. 02811 FECR012472 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Benjamin SmithFor the Defendant: Charles SchulteOther: Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jackie Thompson Schaffner, am providing the following information as required by Iowa Ruleof Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Sentencing 2. The date(s) on which the proceeding occurred: 04/07/2014 3. The name of the court reporter who reported the proceeding: Jackie ThompsonSchaffner 4. The name of the judge who presided over the proceeding: Kurt J. Stoebe 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10. /s/ Jackie Thompson Schaffner ___________________________________ District Court Reporter

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E-FILED 2014 APR 07 11:38 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012472 STATE OF IOWA VS. TERRY LEE RANDOLType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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E-FILED 2014 APR 07 11:38 AM SAC - CLERK OF DISTRICT COURT

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THE STATE OF IOWA, )

) Criminal No. FECR012472 Plaintiff, )

) JUDGMENT AND SENTENCE

vs. )

) TERRY LEE RANDOL, )

)

Defendant. )

On this 7th day of April, 2014, the State of Iowa appears by Sac County Attorney Benjamin Smith and the defendant appears personally with Attorney Charles Schulte for sentencing. Defendant, having been found guilty, knows of no legal cause why judgment should not now be entered and none appears upon the record. IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the defendant is convicted of Burglary in the Third Degree, in violation of Iowa Code Sections 713.1 and 713.6A and, pursuant to Iowa Code Sections 902.3 and 902.9, it is

ORDERED:

1. Defendant is committed to the custody of the Director of the Department of Corrections for no more than five years. The defendant shall be credited for time served in connection with this offense. 2. Defendant shall pay a fine of $750.00 and the statutory surcharge. The fine and the surcharge are suspended.

IT IS THE FURTHER JUDGMENT AND SENTENCE OF THIS COURT

that the defendant is convicted of Theft in the Second Degree, in violation of Iowa Code Sections 714.1 and 714.2(2) and, pursuant to Iowa Code Sections 902.3 and 902.9, it is

ORDERED: 1. Defendant is committed to the custody of the Director of the Department of Corrections for no more than five years. The defendant shall be given credit for time served in connection with this offense. 2. Defendant shall pay a fine of $750.00 and the statutory surcharge. The fine and surcharge are suspended. 3. The sentences herein shall run consecutively with each other. 4. Defendant shall pay full restitution in accordance with the statement of pecuniary damages filed in the cause.

E-FILED 2014 APR 07 1:19 PM SAC - CLERK OF DISTRICT COURT

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5. The Court finds that the defendant does not have the ability to pay restitution to the State of Iowa for his Court-appointed attorney fees. He shall not be required to pay restitution to the State of Iowa pursuant to Iowa Code Section 815.9. 6. The defendant shall be required to pay two Law Enforcement Initiative Surcharges of $125.00 for a total of $250.00. 7. The defendant shall pay the costs of this action.

Defendant is advised of the right to appeal this judgment and sentence and of the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. Defendant is also advised of the necessity to comply with the statutory requirements in filing a notice of appeal. Defendant’s appearance bond is released, and surety is exonerated. Defendant’s appeal bond is fixed at $5,000.00. Copies to: Counsel of Record Sac County Sheriff Department of Corrections Court Administration



Type: OTHER ORDER


So Ordered



Convicted of Burglary in the 3rd Degree

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