FECR012701 - Ida grove man pleads guilty to Burglary in the 3rd Degree.pdf

E-FILED 2014 NOV 21 8:37 AM SAC - CLERK OF DISTRICT COURT

SAC COUNTY

2014-12857Agency Case Number:

11/21/2014Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

TINGLE

Last

JAMES

First

ANTHONEY

Middle Suffix

507 ELM STREET

Address

IDA GROVE

City

IA

State

51445

Zip Code

2/21/1991

Date of Birth

MALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

6' 00"

Height

205 LBS

Weight

BLUE - BLU

Eye Color

BLONDE OR STRAWBERRY - BLN

Hair Color

OFFENDER

State Local

714.2(2)

Code Section

THEFT 2ND DEGREE

Crime Description

FELD

Class

28 - FARM BUILDING

Location Type

GARD AVE AND STATE 175/330TH ST

Literal Description

1821 330TH STREET

Address

ODEBOLT

City

IA

State

51458

Zip Code

YES

Is Date and Time of Incident Known?

11/21/2014

Incident Date or Low Range Upper Date Range

00:22

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

take possession or control of the property of another; the property having a value in excess of $1,000 but not exceeding $10,000, with the intent to deprive the other thereof

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

take possession or control of the property of another; the property having a value in excess of $1,000 but not exceeding $10,000, with the intent to deprive the other thereof



NARRATIVE

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

On November 21, 2014 at approximately 12:22AM there was a burglary at 1821 330th Street. The vehicle was then located and stopped. While doing an inventory of the vehicle, there were tools found in the vehicle. The amount for the tool was greater than $1,000 but less than $10,000. On November 21, 2014 at approximately 12:22AM there was a burglary at 1821 330th Street. The vehicle was then located and stopped. While doing an inventory of the vehicle, there were tools found in the vehicle. The amount for the tool was greater than $1,000 but less than $10,000.

ERSKINE, KRISTAN 81-8

Signature of Complainant or Officer, Officer Name & Number

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2014-128571 211/21/2014 1:27 PM

E-FILED 2014 NOV 21 1:20 PM SAC - CLERK OF DISTRICT COURT

09 - NEAR SCENE OF CRIME, 03 - ADMISSION/STATEMENTS

Defendant Implicated

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

SAC COUNTY

11/21/2014

KEN MCCLURENotary Name Signature of Verifying Party

727876Commission Number

04/12/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form #:PagePrinted At of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2014-128572 211/21/2014 1:27 PM 2 211/21/2014 1:27 PM


SAC COUNTY

2014-12857Agency Case Number:

11/21/2014Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

TINGLE

Last

JAMES

First

ANTHONEY

Middle Suffix

507 ELM STREET

Address

IDA GROVE

City

IA

State

51445

Zip Code

2/21/1991

Date of Birth

MALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

6' 00"

Height

205 LBS

Weight

BLUE - BLU

Eye Color

BLONDE OR STRAWBERRY - BLN

Hair Color

OFFENDER

State Local

713.7

Code Section

POSSESSION OF BURGLARS TOOLS

Crime Description

AGMS

Class

28 - FARM BUILDING

Location Type

GARD AVE AND STATE 175/330TH ST

Literal Description

1821 330TH STREET

Address

ODEBOLT

City

IA

State

51458

Zip Code

YES

Is Date and Time of Incident Known?

11/21/2014

Incident Date or Low Range Upper Date Range

00:22

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

possess burglar tools or any key, tool, instrument, device or explosive, with the intent to use the same in the perpetration of a burglary



NARRATIVE

possess burglar tools or any key, tool, instrument, device or explosive, with the intent to use the same in the perpetration of a burglary



NARRATIVE

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

On November 21, 2014 at approximately 12:22AM there was a burglary at 1821 330th Street. The vehicle was then located and stopped. While doing an inventory of the vehicle, there were tools found in the vehicle. The amount for the tool was greater than $1,000 but less than $10,000. CH and WE stated that JT was with them while they burglarized the farm building.

On November 21, 2014 at approximately 12:22AM there was a burglary at 1821 330th Street. The vehicle was then located and stopped. While doing an inventory of the vehicle, there were tools found in the vehicle. The amount for the tool was greater than $1,000 but less than $10,000. CH and WE stated that JT was with them while they burglarized the farm building.

ERSKINE, KRISTAN 81-8

Signature of Complainant or Officer, Officer Name & Number

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2014-128571 211/21/2014 1:37 PM


09 - NEAR SCENE OF CRIME, 03 - ADMISSION/STATEMENTS

Defendant Implicated

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

SAC COUNTY

11/21/2014

KEN MCCLURENotary Name Signature of Verifying Party

727876Commission Number

04/12/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form #:PagePrinted At of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2014-128572 211/21/2014 1:37 PM 2 211/21/2014 1:37 PM


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JAMES ANTHONEY TINGLE , Defendant.

Case No: 02811 FECR012701

INITIAL APPEARANCE

Charges:01 - 713.6A(1) - BURGLARY 3RD DEGREETHEFT IN THE SECOND DEGREE and POSSESSION OF BURGLARY TOOLS 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 Two Class Ds 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 Up to five years in prison on the class Ds and up to two years in prison on the aggravatedmisdemeanor Years Prison And/Or $Fines of not less than 750 are greater than $7500 on the class D felonies andnot less than 625 or greater than $6250 on the aggravated misdemeanor

1 of 3


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 $12,000. 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 12/01/2014 at 10:30 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

2 of 3


State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-11-21 13:39:50

3 of 3


DISTRICT COUHi OF IOWA SAC COUNTY

FILED

20m NOV 2 f PH 2-UQ

IN THE IOWA DISTRICT COURT FOR.

STATE OF IOWA or

Plaintiff/Petitioner,

vs.

Defendant/Respondent 3^

Sac

/

COUNTY

Criminal Civil

No. 02^1if£CM!Z.'7^/ FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

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

Name: O S t V l C S \ : A < 4 C * Birth Date: & ^ Z / - / < ^ 7 y

Home Phone: J

Street Address: I J Pending charges: uU V'CA U"2f(A<

CellPhone: l / t ~ Z < ? / % Xl^

Street/P.O. Box Citv State Zip

/ V / f ? ^SetS-*- «• s? ^ / i n Jail? / • Yes • No S

Do you have a job? 53 KJo Job X>Q Yes . Ful l Time • Yes, Part Time (List Hours/week: EL Who do you work for?

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

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

1 7.S How many family members are supported by or live with you?

If a spouse lives with you, how much money does your spouse make?

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

/ per • hour • month • year

J /

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than S100: . \ t _

J

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

U- 'M , /

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 Signature/fe^-^^--1^--- ^ f - i T ^ ^ ' ^ -

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JAMES ANTHONEY TINGLE , DEFENDANT.

02811 FECR012701

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 Peter Goldsmith (712) 364-2421, a contract attorney, is appointed.

1 of 2


State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: ORDER APPOINTING

So Ordered


2 of 2


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. FECR012701 Plaintiff, vs. TRIAL INFORMATION

JAMES ANTHONEY TINIGLEDOB: 02/21/1991 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, James Anthoney Tingle

of 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, James Anthoney Tingle on or about November 21, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree

upon the property of 1821 330th Street Odebolt Iowa.

COUNT II

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, James Anthoney

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

Code Sections 714.1(1) and 714.2(2) committed as follows:


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 $1,000 but not exceeding $10,000,

with the intent to deprive the other thereof.

E-FILED 2014 DEC 01 9:47 AM SAC - CLERK OF DISTRICT COURT

COUNT IIICOMES 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, James Anthoney Tingle

of the crime of POSSESSION OF BURGLAR TOOLS, an Aggravated Misdemeanor in violation

of Iowa Code Section 713.7 committed as follows:


County of Sac and State of Iowa, did unlawfully and willfully possess burglar tools or any key,

tool, instrument, device or explosive, with the intent to use the same in the perpetration of a

burglary.

A TRUE INFORMATION

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


mailto:[email protected]

THE STATE OF IOWA vs. JAMES ANTHONEY TINGLECriminal No. FECR012701COUNT I: Burglary in the Third DegreeCOUNT II: Theft in the Second DegreeCOUNT III: Possession of Burglar Tools

NAMES OF WITNESSES:

KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

ROBERT MCMILLEN, DEPUTY, IDA COUNTY SHERIFF’S DEPARTMENT

LEVI THIES, OCCUPATION UNKNOWN

BRYAN RIEDELL, OCCUPATION UNKNOWN

CONNOR JAMES HEMER, CO-DEFENDANT, OCCUPATION UNKNOWN

WESLEY ARCHIE EUCHNER, CO-DEFENDANT, OCCUPATION UNKNOWN


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLE

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 2014-12-01 09:48:06 page 4 of 4


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs JAMES ANTHONEY TINGLE , Defendant.

Case No: 02811 FECR012701 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment isscheduled on 12/17/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. JAMES ANTHONY TINGLE, Defendant.

Case No. FECR012701

ORDER

NOW, on this 1st day of December, 2014, the court is informed that the parties

have reached an agreement to release the Defendant on his own recognizance.

IT IS THEREFORE ORDERED that pending trial, Defendant is released on his

own recognizance.

Clerk to furnish copies to: Sac County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



E-FILED 2014 DEC 15 2:10 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. JAMES ANTHONEY TINGLE , Defendant.

Case No: 02811 FECR012701 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on December 15, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

1 of 3


Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

2 of 3


State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: ORDER SETTING TRIAL

So Ordered


3 of 3



STATE OF IOWA, Plaintiff, v. JAMES ANTHONY TINGLE, Defendant.

Case No. FECR012701

REPORT OF PRETRIAL CONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 21, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Peter Goldsmith. The parties, through

the undersigned, represent the following to the Court:

1. A plea agreement has been reached the terms of which are as

follows: The defendant has agreed to plead guilty to Count 1 (Third Degree

Burglary, Class “D” Felony) of the Trial Information, pay any restitution, and

testify truthfully against his co-conspirators. In consideration, the State has

agreed to do the following: dismiss Counts 1 and 2 of the Trial Information

without prejudice and recommend that defendant receive a suspended prison

sentence and be placed on probation through the Iowa, and recommend that

defendant be ordered to pay the minimum fine.

2. Defendant intends to enter a guilty plea in court. Defendant

intends to waive time between plea and sentencing. Defendant’s counsel plans

to request a pre-plea PSI. Further, the parties request that the Court schedule a

combined plea and sentencing hearing for March 4, 2015, to accommodate the

parties’ schedules and allow time for the completion of the PSI, if the court is so

inclined to grant defendant’s request for the same.

E-FILED 2015 JAN 22 7:19 AM SAC - CLERK OF DISTRICT COURT

__________________________ Benjamin John Smith

Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. JAMES ANTHONEY TINGLE , Defendant.

02811 FECR012701

ORDER SETTINGGUILTY PLEA

Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing isscheduled on 02/04/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

1 of 2


State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: ORDER TO ACCEPT PLEA

So Ordered


2 of 2



STATE OF IOWA, *

PLAINTIFF, * CRIMINAL NO. FECR012701

*

vs. *

* ORDER REQUIRING PRE-PLEA

JAMES ANTHONEY TINGLE * PRELIMINARY SENTENCE

DEFENDANT. * INVESTIGATION

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Before the Court is the Defendant’s motion for a pre-plea preliminary sentence

investigation. The Court finds that the motion should be approved.

THEREFORE IT IS ORDERED that the Department of Corrections shall prepare a

pre-plea PSI for the Defendant. Defendant is ordered to cooperate with the investigation. The

Defendant is currently at the Ida County jail, telephone number 712-364-3146.

E-FILED 2015 JAN 23 1:46 PM SAC - CLERK OF DISTRICT COURT


Type: OTHER ORDER


So Ordered



Date: 1/28/2015 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. FECR012701 vs.

JAMES ANTHONY TINGLEDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________ Date___1/28/2015_____________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15


STATE OF IOWA, PLAINTIFF, vs. JAMES ANTHONEY TINGLE , DEFENDANT.

Case No. 02811 FECR012701 O R D E R

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 February 9, 2015. If any objection is filed on or

before February 9, 2015, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before February 9, 2015, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

PETER A GOLDSMITH

MEDIA COORDINATOR

JAMES ANTHONEY TINGLE

1 of 2


State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: OTHER ORDER

So Ordered


2 of 2



IN THE IOWA DISTRICT COURT FOR SAC COUNTY V 2 C

ro

-o rs.

MOTION TO RESCHEDULE PLEA — AND SENTENCING HEARINGS

STATE OF IOWA,

Plaintiff,

v.

JAMES ANTHONY TINGLE,

Defendant.

Case No. FECR012701

COMES NOW the State of lowa, by the Sac County Attorney, Ben Smith,

and states the following in support of its motion: The DOC Officer charged with

preparing Defendant's PSI report has asked for additional time to complete said

report.

WHEREFORE, the State of lowa respectfully requests that this Court

enter an order rescheduling the plea and sentencing hearing to March 4, 2015.

Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff / Petitioner, vs. JAMES ANTHONEY TINGLE , Defendant / Respondent.

02811 FECR012701

ORDER OF CONTINUANCE

The County Attorney has filed a Motion to Reschedule Plea and Sentencing Hearing to allowadditional time for the Department of Correctional Services to complete the pre-sentenceinvestigation. The Motion should be granted. This matter is continued, Sentencing Hearing is scheduled on 03/04/2015 at 11:00 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

1 of 2


State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: ORDER FOR CONTINUANCE

So Ordered


2 of 2


E-FILED 2015 FEB 03 1:41 PM SAC - CLERK OF DISTRICT COURT


JAMES TINGLE *

Defendant, * CRIMINAL NO. FECR012701

*

vs. *

* ORDER TO TRANSPORT

STATE OF IOWA * DEFENDANT FOR HEARING

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Before the Court is the Defendants motion requesting that he be transported to the

courthouse for the March 4 sentencing hearing in this case. The Court finds the motion should be

granted.

WHEREFORE IT IS ORDERED that the Sac County Sheriff is ordered to transport the

Defendant from the Ida County jail to the Sac County courthouse by 10:30 a.m. on March 4, 2015.

IT IS FURTHER ORDERED that the Sheriff shall return the Defendant to the Ida County

courthouse after the hearing in this case.

E-FILED 2015 FEB 04 11:50 AM SAC - CLERK OF DISTRICT COURT


Type: ORDER FOR TRANSPORTATION


So Ordered


E-FILED 2015 FEB 04 11:50 AM SAC - CLERK OF DISTRICT COURT

2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. JAMES A TINGLE Defendant.

Case No. 02811 FECR012701 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: Peter GoldsmithOther: Defendant Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3): 1. The type of proceeding that was reported: Sentencing 2. The date(s) on which the proceeding occurred: March 4, 2015 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 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/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.

1 of 2

E-FILED 2015 MAR 04 11:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012701 STATE VS JAMES ANTHONY TINGLEType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


2 of 2

E-FILED 2015 MAR 04 11:49 AM SAC - CLERK OF DISTRICT COURT

1


STATE OF IOWA, Plaintiff, v. JAMES ANTHONY TINGLE, Defendant.

FECR012701 (Count I)

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: March 4, 2015

CHARGE: Count I: Burglary in the Third Degree, a class D felony, in violation of Iowa Code § 713.1 and 713.6A

For all proceedings set forth below, Defendant appeared personally and with

counsel Peter Goldsmith.

Upon hearing in open court:

1. Defendant entered Defendant’s plea of guilty. The Court, after compliance with IRCrP 2.8(2), accepted Defendant's plea of guilty to the above-described charge.

2. Defendant was advised and stated that Defendant understood the right to file a Motion in Arrest of Judgment. Defendant waived the fifteen-day period for sentencing and requested immediate sentencing.

3. A hearing incidental to the imposition of judgment and sentence was held on the above date. The Court fully complied with IRCrP 2.23 and all other laws applicable to the sentencing portion of this criminal prosecution.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant is adjudicated guilty of the above-described crime and

pursuant to Iowa Code Chapter 902. 2. Defendant is hereby sentenced as follows:

a. Defendant shall pay financial obligations as follows: (1) a fine in the sum of $750.00; (2) a 35% surcharge of $262.50;

(3) court-appointed attorney fees as certified by Mr. Goldsmith The Court has determined, by information presented by the

parties, that Defendant is unable to pay court-appointed attorney fees;

(4) a $125.00 law enforcement initiative surcharge pursuant to Iowa Code Section 911.3;

E-FILED 2015 MAR 04 12:15 PM SAC - CLERK OF DISTRICT COURT

2

(5) restitution in an amount to be determined at a later time. The State shall file a statement of pecuniary damages within 30 days of today’s date, or no restitution shall be ordered. Upon filing of such a statement, the amount claimed in the statement shall be considered to be ordered to be paid unless Defendant objects to the claimed amount by filing an objection within 10 days of the filing of the statement. In that event, the Court shall issue an order establishing the restitution amount, with or without a hearing as the Court deems appropriate; 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 financial obligations shall be paid pursuant to a plan of payment arranged through Defendant’s probation supervisor; and

b. Defendant shall be committed to the Director of Adult Corrections

for a period not to exceed five (5) years. The sentence is suspended and Defendant is placed on probation for a period of three (3) years to the Department of Correctional Services (“the DCS”) under the terms and conditions the DCS deems appropriate. In addition to any terms the DCS imposes, the Court specifically imposes all of the following terms of probation:

(1) Defendant shall make personal contact with the DCS within seven (7) days from the date of the filing of this Order to sign the Probation Agreement;

(2) Defendant shall obey all laws; (3) Defendant shall be employed full-time, attending school full-

time, or engaged in a full-time combination of employment and school attendance during the period of probation; and

(4) Defendant shall comply with all terms of this Order, including paying all financial obligations and completing all required tasks in a timely manner.

3. The Court imposes this sentence because it provides for Defendant’s rehabilitation and the protection of the community. The Court has considered the sentencing recommendations of the parties and the circumstances of the case, including the criminal history, age, employment, and other circumstances pertaining to Defendant. 4. 6. Pursuant to Iowa Code Section 901.5(8A) and Chapter 81, Defendant is ordered to submit to DNA profiling. 5. The Court publicly announced and/or hereby publicly announces that Defendant’s term of incarceration may be reduced from the maximum sentence


3

because of statutory earned time, work credits, and program credits and that Defendant may be eligible for parole before the sentence is discharged.

6. 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 Defendant’s right of appeal.

7. Appeal Bond is set in the sum of $5,000.00, cash or surety. 8. Any cash bail posted by Defendant or on Defendant’s behalf by a third party that has acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations shall be applied toward Defendant’s financial obligations. All cash bail remaining, if any, after payment of Defendant’s 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 Defendant’s financial obligations is hereby exonerated and shall be returned to the person posting the cash bail. All non-cash bail bonds posted, if any, are hereby exonerated. 9. IT IS FURTHER ORDERED that Counts II and III of the Trial Information are dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defense Counsel Department of Correctional Services



Type: OTHER ORDER


So Ordered



FECR012701 - Ida grove man pleads guilty to Burglary in the 3rd Degree.pdf

Documents

Transcript of FECR012701 - Ida grove man pleads guilty to Burglary in the 3rd Degree.pdf