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E-FILED 2013 JUN 19 2:35 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 19 11:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012329 vs. TATE ALLEN SHATTUCK , Defendant. Defendant's Correct Address: 1620 Broadway, Denison, IA 51442 INITIAL APPEARANCE

Charges: 01 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD) The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been 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 attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class D Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail 5 Years Prison And/Or $750.00 to 7,500.00 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
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E-FILED 2013 JUN 19 11:54 AM SAC - CLERK OF DISTRICT COURT

5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your 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. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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 hearing is: Waived Preliminary Hearing is scheduled on 07/09/2013 at 11:00 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 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 THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. 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 Defendant Defendant Sac County Sheriff

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E-FILED 2013 JUN 19 11:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012329 Type: Case Title STATE VS TATE ALLEN SHATTUCK HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-06-19 11:54:16

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DISTRICT COURT UF I O W A SAC COUNTY FILED


IN THE IOWA DISTRICT COURT FOR Sac

COIJNT^0I3JUH I9 P H 1 2 : 1 8
Criminal Civil

STATE OF IOWA or Plaintiff/Petitioner, vs." FT" v Defendant/Respondent.

NO. f f c f t D l ^
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; Home Phone: Street Address: Pending charges: Do you have a job? No Job ^GTYes, Full Time jJbf^o*, Yes, Part Time (List Hours/week: { C ^ k ^ f c / M > . / . Birth Pate: /3 J / ~ f ^f "

Cell Phone: ~7 I Z ^ Z C T flyfe-mail:


D ^ I ^ / I F A

\Co Z & BrfifoJuslX^ Street/P.O.Box .pt#

City

State

S Zip

I H H ~<L

In Jail?^rYes No . )

Who do you work for?

How much money do you currently make before taxes or deductions? [K "SlT% per^pfiiour 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 live with you? If a spouse lives with you, how much money does your spouse make? per hour month year (^>^a <^L- ~^

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

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: ffi?..-^ T? r<A r\ l. t*Vv<., ( A

<

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

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 I c r i ^ - ^ Signature .JfJ/.-K. .^/i'.-t&dtdt'S'-^

E-FILED 2013 JUN 21 12:16 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TATE ALLEN SHATTUCK , DEFENDANT. 02811 FECR012329 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income between 125% and 200% of the guidelines, not appointing would cause financial hardship.

Attorney Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2013 JUN 21 12:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012329 Type: Case Title STATE VS TATE ALLEN SHATTUCK ORDER APPOINTING So Ordered

Electronically signed on 2013-06-21 12:15:52

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012329 Plaintiff, vs. TRIAL INFORMATION TATE ALLEN SHATTUCK, DOB: 10/31/1994 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, Tate Allen Shattuck, of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code Section(s) 713.1 and 713.6A committed as follows: The said Defendant, Tate Allen Shattuck, on or about June 18, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree upon the property of Amanda Ransom. A TRUE INFORMATION

/s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9, Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 JUL 24 10:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012329 Approval of Trial Information Case Title STATE VS TATE ALLEN SHATTUCK

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2013-07-24 10:30:08

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E-FILED 2013 JUL 23 3:55 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TATE ALLEN SHATTUCK, Defendant. CRIMINAL CAUSE NO. FECR012329

Attachment to Trial Information Witness List

NAMES OF WITNESSES: MATT BIEDE, DEPUTY, Sac County Sheriff's Department JOEL BURNS, DEPUTY, Sac County Sheriff's Department COLTON RANSOM, Occupation Unknown SEAN ANTHONY INGVALL, Occupation Unknown ETHAN HARTMANN, Occupation Unknown

E-FILED 2013 JUL 24 10:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. FECR012329 STATE OF IOWA, Plaintiff, ORDER SET ARRAIGNMENT AND APPROVE BOND VS. TATE ALLEN SHATTUCK, Defendant.

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 13th day of August 2013 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 Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. 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 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:

State of Iowa Courts Type: Case Number FECR012329 ORDER FOR ARRAIGNMENT Case Title STATE VS TATE ALLEN SHATTUCK So Ordered

Electronically signed on 2013-07-24 10:30:09

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E-FILED 2013 AUG 09 9:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 09 9:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 09 9:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:30 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TATE ALLEN SHATTUCK , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 9, 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 . IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24, 2013, at 9:00 a.m ORDER FOR TRIAL Case No. 02811 FECR012329

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 9:30 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012329 Type: Case Title STATE VS TATE ALLEN SHATTUCK ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-12 09:29:40

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E-FILED 2013 SEP 27 9:32 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TATE ALLEN SHATTUCK, Defendant. 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. ORDER CONTINUING PRETRIAL CONFERENCE Case Nos. FECR012292

E-FILED 2013 SEP 27 9:32 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012329 OTHER ORDER Case Title STATE VS TATE ALLEN SHATTUCK So Ordered

Electronically signed on 2013-09-27 09:32:17

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

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TATE ALLEN SHATTUCK, Defendant. 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. ORDER CONTINUING PRETRIAL CONFERENCE CASE NO. FECR012329

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

State of Iowa Courts Type: Case Number FECR012329 OTHER ORDER Case Title STATE VS TATE ALLEN SHATTUCK So Ordered

Electronically signed on 2013-10-08 11:02:53

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E-FILED 2013 OCT 17 9:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TATE ALLEN SHATTUCK, Defendant. COMES NOW State through Sac County Attorney Ben Smith and for its Motion to Dismiss, states the parties have stipulated that the Trial Information should be dismissed without prejudice with costs to the defendant. The undersigned states that its request for dismissal serves the interests of justice. WHEREFORE for the foregoing reasons, the State respectfully requests that the Court dismiss this matter with prejudice with court costs assessed to the defendant. MOTION TO DISMISS CASE NO. FECR012329

Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 OCT 18 9:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TATE ALLEN SHATTUCK, Defendant. This matter came before the Court on the States Motion to Dismiss the Trial information approved by the Court on July 24, 2013. The Court, upon reviewing the record and being advised in the premises FINDS and ORDERS that the aforementioned Trial Information shall be and is dismissed without prejudice. IT IS FURTHER ORDERED that defendant shall pay court costs in the amount of $100.00 and court appointed attorney fees in the amount approved by the State Public Defender. The defendant is HEREBY NOTIFIED that these costs become past due if not paid within thirty days following the entry of this Order. ORDER GRANTING DISMISSAL CASE NO: FECR012329

E-FILED 2013 OCT 18 9:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012329 OTHER ORDER Case Title STATE VS TATE ALLEN SHATTUCK So Ordered

Electronically signed on 2013-10-18 09:21:45

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