Order Scheduling Trial - State v Tyrel Lynn Brouchous - Agcr012346

7/27/2019 Order Scheduling Trial - State v Tyrel Lynn Brouchous - Agcr012346

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E-FILED 2013 JUL 01 2:49 AM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

TYREL LYNN BROUCHOUS ,Defendant.

Case No: 02811 AGCR012346

INITIAL APPEARANCE POSSESSION OF A CONTROLLED

SUBSTANCE

Charges:01 - 124.401(5)C - POSS OF A CONTROLLED SUBSTANCE-MARIJUANA-3RD OR SUBSQ(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 can

and 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

Aggravated MisdemeanorSerious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

2 Years Prison

And/Or $5000.00

You will lose your driver's license for a period of days.

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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:

(1) You must not use any alcohol or illegal drugs during the pendency of this matter.(2) You must obey all laws of Iowa and the U.S.(3) You are ordered to complete a substance abuse evaluation immediately at New

Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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. 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 at : AM at the .

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 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 Courts

Case Number Case TitleAGCR012346 STATE VS TYREL LYNN BROUCHOUS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-01 11:02:02

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

TYREL LYNN BROUCHOUS,

DOB: 08-05-1991

Defendant.

Case No. AGCR012346

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,Tyrel Lynn Brouchous (defendant) of the crime of POSSESSION OF A

CONTROLLED SUBSTANCE THIRD OFFENSE, a Class D Felony in violation of

Iowa Code section 124.401(5), committed as follows: On or about July 1, 2013, the

defendant knowingly or intentionally possessed marijuana, which is a controlled

substance, and the defendant knew that the substance he possessed was

marijuana, and defendant has one prior conviction for possession of marijuana, a

controlled substance, and another prior conviction for possession of

methamphetamine, also a controlled substance. (Sac County District Court Case

Nos. AGCR012065, FECR012100)

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834

Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

AGCR012346 STATE VS TYREL LYNN BROUCHOUS

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 2013-07-31 11:43:04 page 2 of 2



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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. AGCR012346

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

TORY CUDABACK, Deputy, Sac County Sheriffs Office

JOEL BURNS, Deputy, Sac County Sheriffs Office

MARK HEINO, Marijuana Examiner, Carroll Police Department

DONNA GERRY, Clerk of Court, Sac County Iowa District Court



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STATE OF IOWA,Plaintiff,

VS.

TYREL LYNN BROUCHOUS,Defendant.

CRIMINAL NO. AGCR012346

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody 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 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 be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:

[ ] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation andprovide it to the Court. Failure to do so may result in the revocation of Defendants Pre TrialRelease.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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IOWA DISTRICTCOURT FOR SAC COUNTYSTATE OF I O W A , 2D 13 AUG 13 AM 9 :2 !

PLAINTIFF N OV S. APPLICATION T O W A I V E

ATTORNEY A N D PROCEED (PRO SE )DEFENDANT

In support of my applicat ion to waive attorney I state:1. I kno w I have a right to be represented by an attorney in this case

and that ifIcannot af ford to h i re an at torney, the Court would appointcounse l for m e, with ou t any init ial costs on my part . I furthe r real izethat I wo uld u l t imately have to re imburse the S tate for those expense s.

2. I kno w that an at torney would represent my interest in a l l cour tproceedings and would be avai lable to an swe r ques t ions for m e. I ama w a r e that the re may be defens es to the charges against me that I as anon- law yer ma y not be awa re of . I know a lawyer wou ld g ive me theopportuni ty to obtain an independent opin ion on how to proceed anddefend the case against me.

3. I know the C ounty A t torney and his s taf f do not represent me butrather are responsib le for pros ecut ing me. I kno w that I can not relyupon the C ounty A t torney for legal advice.

4 . Having cons idered my right to counsel , t o g e t h e r with the risk anddisadvantages of proceeding wi th ou t an at torney , I wa nt to rep resentmyself and I wa nt to w aive m y right to an at torney.

Dated this

Defendant


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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 R Sac

DiSTRtCr COUK'J UFSAC COUNTYFILED13 AH 9: . C O U N T Y

S T A T E O F I O W A orPlain tiffyPetitioner,

vs .Defendant/Respondent.

Criminal CivUNo .

F I N A N C I A L A F F I D A V I T / A P PL 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

In support of my application fo r appointment of counsel, and under penalty of perjury, the undersigned states:Name: T ^ g l N M h V sb M. C ^0 (A 5 Birth Date: .Home Phone: Cell Phone: 1 1 0 $ 79 0 E-mail:Street Address: Street/P.O. BoxPending charges: j9 6f? 5


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case Nos. AGCR012346

ORDER FOR CONTINUANCE AND

APPOINTING ATTORNEY

Defendant's Arraignment will be rescheduled to August 27, 2013, at 9:00 a.m. in the

Sac County Courthouse, Sac City, Iowa. Attorney Peter Goldsmith is appointed to

represent Defendant. The Defendant and his attorney shall appear before the Court

unless a Written Arraignment has been filed. If the Defendant fails to appear before

this Court as ordered, a warrant may issue for his arrest.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

PETER GOLDSMITH

E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.


ORDER FOR CONTINUANCE AND

APPOINTING ATTORNEY

Defendant's Arraignment will be rescheduled to August 27, 2013, at 9:00 a.m. in the

Sac County Courthouse, Sac City, Iowa. Attorney Peter Goldsmith is appointed to

represent Defendant. The Defendant and his attorney shall appear before the Court

unless a Written Arraignment has been filed. If the Defendant fails to appear before

this Court as ordered, a warrant may issue for his arrest.


SAC COUNTY ATTORNEY

PETER GOLDSMITH



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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. AGCR012346

ORDER RESCHEDULING

ARRAIGNMENT

It Is Ordered that the defendant's arraignment is rescheduled to September 10,

2013, commencing at 9:00 a.m. in the courtroom of the Sac County Courthouse, Sac

City, Iowa. If the defendant fails to appear for this hearing a warrant will be issued for

his arrest.


Sac County Attorney

Defendants Attorney Peter Goldsmith



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Type: ORDER FOR ARRAIGNMENT



So Ordered




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E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.TYREL LYNN BROUCHOUS ,

DEFENDANT.

Case No. 02811 AGCR012346

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 29, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Peter Goldsmith.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.

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 disclose

evidence 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.CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

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E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT


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PETER ANDREW GOLDSMITHDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, No: AGCR012346

Plaintiff,

vs. ORDER SET DATE


FOR PRETRIAL CONFERENCE

Defendant.

THE COURT FINDS Trial in the above captioned matter has been set for

October 2, 2013; therefore,

IT IS THE ORDER OF THIS COURT:

1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 3:00 p.m. onthe 24th day ofSeptember 2013, at the Sac County Courthouse, Sac City,

Iowa, to consider:a. Possibility of settlement

and

b. Matters to expedite the trial.2. Cases which are going to be settled if at all possible at or before the pretrial so

that the trial assignment will not be clogged with cases which are not going to

be tried.

3. Defendant shall personally appear.4. If the Pre-Trial Conference time does not work for defense counsel, contact the

County Attorney for another time.

Original filed EDMS,

Copies by EDMS to: Benjamin John Smith, Sac County AttorneyPeter Goldsmith, Defendants Attorney



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Type: ORDER FOR PRETRIAL CONFERENCE



So Ordered




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Date: 09/18/2013IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

Vs.

No. agcr012346Tyrel Lynn Brouchous

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIACOVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to usephotographic equipment(__X__), television cameras (__X__) or electronic soundrecording equipment (__X__) in courtroom coverage in theabove proceeding.

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

trial and sentencing.

3. The request(s) for expanded media coverage are describedas follows: Two video cameras, tripods, videographers; audio

accessibility; two photographers with up to two still camerasand two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage isfiled at least 14 days in advance of the proceedings forwhich expanded media coverage is being requested or grounds

for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed tothe last known address of all counsel of record, partiesappearing without counsel, the district court administratorfor this judicial district, and the judicial officer expected

to preside at the trial or proceedings for which expandedmedia coverage has been requested, as follows:

E-FILED 2013 SEP 18 4:35 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main StreetSac City, IA 50583

DEFENSE: Peter Goldsmith500 Second St.Ida Grove, IA 51145

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE:

CLERK OF COURT: Sac County, Iowa

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

Signature_/s/ Jesse Helling________________________Date__9/18/2013______________________

Jesse Helling

Media Coordinator, Region 4Third Judicial District of IowaAddress: Fort Dodge Messenger713 Central Ave.

Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529



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2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.TYREL LYNN BROUCHOUS ,

DEFENDANT.

Case No. 02811 AGCR012346

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 October 1, 2013. If any objection is filed on

or before October 1, 2013, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before October 1, 2013, the pending Request for

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

IT IS SO ORDERED.


SAC COUNTY ATTORNEY

PETER ANDREW GOLDSMITH

MEDIA COORDINATOR

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Type: OTHER ORDER

So Ordered


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STATE OF IOWA,

Plaintiff,

v.


Defendant.


ORDER CONTINUING PRETRIAL

CONFERENCE

IT IS HEREBY ORDERED that the pretrial conference held September 24, 2013,

shall be and is continued to October 8, 2013, at 9:00 a.m., in the courtroom at the

Sac County Courthouse, Sac City, Iowa. If the defendant fails to appear before this

Court as ordered, a warrant may issue for his arrest.



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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.


ORDER SCHEDULING PRETRIAL

CONFERENCE AND TRIAL

IT IS HEREBY ORDERED that the Pretrial Conference is rescheduled to October

21, 2013, at 1:30 p.m., at the Sac County Courthouse, Sac City, Iowa, and the Trial

is scheduled for December 17, 2013, at 9:00 a.m., also at the Sac County

Courthouse. The defendant is HEREBY NOTIFIED if he fails to appear before this

Court as ordered, a warrant may issue for his arrest.

E-FILED 2013 OCT 08 11:02 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered


E-FILED 2013 OCT 08 11:02 AM SAC - CLERK OF DISTRICT COURT

Order Scheduling Trial - State v Tyrel Lynn Brouchous - Agcr012346

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