E-FILED 2013 OCT 10 9:37 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 10 9:40 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 11:16 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012427 vs. TERRY LEE RANDOL , Defendant. INITIAL APPEARANCE

Charges: 01 - 713.6A(1) - BURGLARY 3RD DEGREE (FELD) 02 - 713.7 - POSSESSION OF BURGLAR'S TOOLS - 1983 (AGMS) 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 7 Years Prison And/Or $fines of not less than $1,375 nor greater 13,750 plus 35% surcharge and court costs

1 of 3

E-FILED 2013 OCT 11 11:16 AM SAC - CLERK OF DISTRICT COURT

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. 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: You must post a cash or surety bond of $7,500

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 10/21/2013 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 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

2 of 3

E-FILED 2013 OCT 11 11:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012427 Type: Case Title STATE VS TERRY LEE RANDOL HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-10-11 11:16:11

3 of 3

1 0 1 3O C T M
IN T H E I O W A DISTRICT C O U R T F O R Sac COUNTY

hS

S T A T E O F I O W A or Plaintiff/Petitioner, No.

Criminal

Civil

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL Defendant/Respondent. itTRes

In support my-application for and under under penalty the undersigned undersigned states pport of ot my-application tor appointment appointment of ot counsel, counsel, and penalty of ot perjury, perjury, tne state: Name Home Phone: Street Address Street/P.O.Box Pending charges: Do you have a job? Apt# City State Zip S P l Cell Phone: Birth Date: E-mail: ? / /

/PUfatofV
Sr-No Job Yes, Full Time Yes, Part Time (List Hours/week:

In Jail? Yes No )

Who do you work for? How much money do you currently make before taxes or deductions? _f_-7) per hour month year

A
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? vL/ per hour month year f 1 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:

A J /JL

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

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

{ A

A 1/ *
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. ^*>~ ~~' ' " s"
! 1 A

/ Date \. t. H . l '13 Signature * ^ i.. ^ UI- / J ^ t f r t U g

Rev. 1/6/12

E-FILED 2013 OCT 12 8:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TERRY LEE RANDOL , DEFENDANT. 02811 FECR012427 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 at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Scott Schleisman, 823 W Main St., Lake City, IA (712) 210-0543, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2013 OCT 12 8:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012427 Type: Case Title STATE VS TERRY LEE RANDOL ORDER APPOINTING So Ordered

Electronically signed on 2013-10-12 08:59:32

2 of 2

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TERRY LEE RANDOL, DOB: 09-13-1955 Defendant. TRIAL INFORMATION CASE NO. FECR012427

COUNT 1 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses defendant, TERRY LEE RANDOL (defendant) of the crime of THIRD DEGREE BURGLARY, a CLASS D FELONY in violation of Iowa Code sections 703.1 and 713.6A committed as follows: On or around October 10, 2013, in Sac County, Iowa, defendant entered the residence at 3705 Wadsley Avenue, Auburn, Iowa 51433 (residence). The residence was an occupied structure as defined by Iowa law. The defendant did not have permission or authority to enter the residence. The residence was not open to the public. The defendant did so with the specific intent to commit a felony and / or a theft. COUNT 2 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 (defendant) of the crime of POSSESSION OF BURGLARS TOOLS, an Aggravated Misdemeanor in violation of Iowa Code section 713.7 committed as follows: On or around October 10, 2013, in Sac County, Iowa, defendant had the following items in his possession: binoculars, facemask, hose, propane torch, flashlight, headlamp, box of zipper bags, large bolt cutters, large knife, wire cutters (collectively, tools). The defendant intended to use the tools to commit a burglary.

A TRUE INFORMATION

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 21 9:10 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012427 Approval of Trial Information Case Title STATE VS TERRY LEE RANDOL

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 2013-10-21 09:10:40

page 3 of 3

E-FILED 2013 OCT 21 9:10 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TERRY LEE RANDOL, Defendant. T&e TRIAL INFOR$ATION and t&e $INUTES OF E'IDENCE in t&i( )atte* &ave +een e,a)ined and f-.nd t- /-ntain (.ffi/ient eviden/e, if .ne,0lained, t1a**ant a /-nvi/ti-n in a t*ial +2 3.*2, t&e*ef-*e, t&i( )atte* (&all +e (et f-* A**ai4n)ent. IT IS HERE%Y ORDERED, t&e defendant (&all 0e*(-nall2 a00ea* f-* A**ai4n)ent at t&e Sa/ C-.nt2 C-.*t&-.(e, Di(t*i/t C-.*t*--), 100 NW State St*eet, Sa/ Cit2, I-1a -n November 4, 2013 at 9:00 a.m. T&e Defendant i( HERE%Y NOTIFIED t&at fail.*e t- a00ea* 1ill *e(.lt in t&e i((.an/e -f an a**e(t 1a**ant. IT IS FURTHER ORDERED, t&e Defendant5( +-nd and /-nditi-n( f-* *elea(e f*-) /.(t-d2 in t&i( )atte* (&all +e6 7Defendant i( *elea(ed -n 0e*(-nal *e/-4ni8an/e. 7%-nd i( (et in t&e a)-.nt -f 9 . 7%-nd )a2 +e .n(e/.*ed. 7%-nd ).(t +e /a(& -* (e/.*ed in t&e a)-.nt -f t&e %-nd. 710: /a(& )a2 +e 0-(ted. X Bond previously set shall continue. Ot&e* C-nditi-n( -f Relea(e6 7T&e Defendant (&all +e -n 0*e;t*ial (.0e*vi(i-n t- t&e Se/-nd <.di/ial Di(t*i/t De0a*t)ent -f C-**e/ti-nal Se*vi/e(. 7T&e Defendant (&all -+e2 all Fede*al, State, and L-/al la1(. Ot&e*6 ORDER SET ARRAI#N$ENT AND %OND CASE NO. FECR01 ! "

State of Iowa Courts Type: Case Number FECR012427 ORDER FOR ARRAIGNMENT Case Title STATE VS TERRY LEE RANDOL So Ordered

Electronically signed on 2013-10-21 09:10:41

page 2 of 2

E-FILED 2013 NOV 04 8:17 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 04 8:47 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TERRY LEE RANDOL , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on November 4, 2013. 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 Scott Schleisman. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/25/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 FECR012427

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY

1 of 2

E-FILED 2013 NOV 04 8:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012427 Type: Case Title STATE VS TERRY LEE RANDOL ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-11-04 08:46:59

2 of 2