E-FILED 2013 JUN 28 8:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 28 11:14 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012343 vs. ALEX ELLSWORTH MILLER , Defendant. 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 plus 35% surcharge and costs 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 28 11:14 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: You must not use any alcohol or illegal drugs during the pendancy of this matter. You must obey all laws of Iowa and the United States.

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 07/16/2013 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 28 11:14 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-06-28 11:14:06

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o
cn

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plain tiff/Petitioner, vs. . |.

Sac

COUNTY
-J>i rrimi Criminal

Civil

0~>

- n n j=oc
3C.

NO. KC0JL>SH2L

~'c -<

FINANCIAL AFFIDAVIT/APPLICATIOJK FOR APPOINTMENT OF COUNSEBP

^ >

Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: Home Phone: H Z - 3 f a G ' 2 l 5 ^ Cell Phone:
1\Z-U9'^8H

Birth Date: E-mail: M.Dfr City State t r . k r x ./Qtwagg/Wfa/. t& Zip

M

Street Address: 6 < 2 3 - fi^/t Si Street/P.O. Box Pending charges:

Apt #

hr.Wy.-3/>!
No Job Yes, Full Time J-Wry

In Jail? Yes H'fto QJ^Yes, Part Time (List Hours/week: J

Do you have a job?

Who do you work for? S A ] A j { A c j a ^ e l i ^ j ' /-xyr/yf

How much money do you currently make before taxes or deductions?

per hour month year

t

How much money have you made in the last 12 months from any source, before taxes or deductions? "^_ CjT) ? How many family members are supported by or live with you? 0 ) per hour month year

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: Mam

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: G/ftc CTifrriy . T/>^ tko -ftyfyy.^a -ft> A^/ dodnt h\j<> S-for

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

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
Rev. 1/6/12

E-FILED 2013 JUL 16 1:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ALEX ELLSWORTH MILLER , DEFENDANT. 02811 FECR012343 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 Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2013 JUL 16 1:04 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER ORDER APPOINTING So Ordered

Electronically signed on 2013-07-16 13:04:08

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ALEX ELLSWORTH MILLER, DOB: 07-05-1994 Defendant. TRIAL INFORMATION Case No. FECR012343

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, Alex Ellsworth Miller (defendant) of the crime of BURGLARY IN THE THIRD DEGREE, a violation of Iowa Code sections 713.1, 713.2, 713.5, committed as follows: On or about June 23, 2013, the defendant broke into the garage for the residence located at 1855 190th Street, Schaller, Iowa, which is an unoccupied structure, and the defendant did so with the specific intent to commit a felony and / or theft once therein. A TRUE INFORMATION /s/ Benjamin John Smith 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 JUL 31 11:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012343 Approval of Trial Information Case Title STATE VS ALEX ELLSWORTH MILLER

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 2013-07-31 11:41:35

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E-FILED 2013 JUL 31 8:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ALEX ELLSWORTH MILLER, Defendant. ATTACHMENT TO TRIAL INFORMATION: WITNESS LIST Case No. FECR012343

ALAN MOVALL JOSHUA FOWLER SCOTT BROUWER, Chief Deputy, Sac County Sheriffs Office

E-FILED 2013 JUL 31 11:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. FECR !"#$# Plaintiff, ORDER SETTIN% ARRAI%NMENT VS. AND &OND ALEX ELLSWORTH MILLER, Defendant.

T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte* 'a+e ,een e-a)ined and f./nd t. 0.ntain (/ffi0ient e+iden0e, if /ne-1lained, t. 2a**ant a 0.n+i0ti.n in a t*ial ,3 4/*3, t'e*ef.*e, t'i( )atte* ('all ,e (et f.* A**ai5n)ent. IT IS ORDERED, t'e Defendant ('all 1e*(.nall3 a11ea* f.* A**ai5n)ent at t'e Sa0 C./nt3 C./*t'./(e, Di(t*i0t C./*t*..), Sa0 Cit3, I.2a .n t'e 13th da3 .f August 2013 at 9:00 a.m.. T'e Defendant i( ad+i(ed t'at fail/*e t. a11ea* 2ill *e(/lt in t'e i((/an0e .f an a**e(t 2a**ant. IT IS FURTHER ORDERED, t'e Defendant6( ,.nd and 0.nditi.n( f.* *elea(e f*.) 0/(t.d3 in t'i( )atte* ('all ,e7 Defendant i( *elea(ed .n 1e*(.nal *e0.5ni8an0e. &.nd i( (et in t'e a)./nt .f 9::::::::::::::::. &.nd )a3 ,e /n(e0/*ed. &.nd )/(t ,e 0a(' .* (e0/*ed in t'e a)./nt .f t'e &.nd. ! ; 0a(' )a3 ,e 1.(ted. &.nd 1*e+i./(l3 (et ('all 0.ntin/e. Cle*< .f C./*t ('all i((/e a (/)).n( f.* Defendant t. A11ea*. Cle*< .f C./*t ('all i((/e an a**e(t 2a**ant. Ot'e* C.nditi.n( .f Relea(e7 Defendant ('all .,e3 all Fede*al, State, and L.0al la2(. T'e Defendant ('all ,e .n 1*e=t*ial (/1e*+i(i.n t. t'e Se0.nd >/di0ial Di(t*i0t De1a*t)ent .f C.**e0ti.nal Se*+i0e(. Ot'e*7

State of Iowa Courts Type: Case Number FECR012343 ORDER FOR ARRAIGNMENT Case Title STATE VS ALEX ELLSWORTH MILLER So Ordered

Electronically signed on 2013-07-31 11:41:37

page 2 of 2

E-FILED 2013 AUG 13 11:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 13 11:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 13 11:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 13 1:08 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. ALEX ELLSWORTH MILLER , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 13, 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 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. 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 depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall 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 discretionary discovery, the State is ordered to comply with the provisions of I.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 for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 FECR012343

ORDER FOR TRIAL

E-FILED 2013 AUG 13 1:08 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH

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E-FILED 2013 AUG 13 1:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-13 13:08:08

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E-FILED 2013 SEP 18 5:03 PM SAC - CLERK OF DISTRICT COURT

Date:

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

State of Iowa Plaintiff No. fecr012343 vs.

Alex Ellsworth Miller Defendant MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE OF 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. 4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which 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 to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows:

E-FILED 2013 SEP 18 5:03 PM SAC - CLERK OF DISTRICT COURT

ATTORNEYS: PROSECUTOR: Sac County Attorney 701 Main Street Sac City, IA 50583 DEFENSE: Peter Goldsmith 500 2nd St. Ida Grove, IA 51145 PARTIES APPEARING WITHOUT COUNSEL: DISTRICT COURT ADMINISTRATOR: Scott Hand PRESIDING JUDGE: CLERK OF COURT: Donna Gerry WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid. Signature__/s/ Jesse Helling_______________________ Date_9/18/13_______________________ Jesse Helling Media Coordinator, Region 4 Third Judicial District of Iowa Address: Fort Dodge Messenger 713 Central Ave. Fort Dodge, IA 50501 Phone: (800)622-6613 Fax: (515)574-4529

E-FILED 2013 SEP 23 9:50 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. ALEX ELLSWORTH MILLER , DEFENDANT. ORDER Case No. 02811 FECR012343

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.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH MEDIA COORDINATOR

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E-FILED 2013 SEP 23 9:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER OTHER ORDER So Ordered

Electronically signed on 2013-09-23 09:50:07

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E-FILED 2013 SEP 27 1:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ALEX ELLSWORTH MILLER, Defendant. COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial Information in the above entitled matter states to the Court: 1. The amendment will not materially change the issues nor work any hardship on the Defendant. 2. Substantial rights of the defendant are not prejudiced by the attached Amendment. 3. A wholly new and different offense is not being charged. 4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED VEHICLE, an Aggravated Misdemeanor in violation of Iowa Code Section(s) 713.1 and 713.6A(2). 5. A copy of the amended and substituted Trial Information is attached. WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted and amended Trial 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 Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on ____________ ____, ____, by: [ ] U.S. Mail [ ] Fax [ ] Hand Delivered [ x ] electronic mail [ ] Certified Mail [ ] EDMS Signature /s/Norma Hecht

No. FECR012343 REQUEST FOR LEAVE OF COURT TO AMEND TRIAL INFORMATION

E-FILED 2013 SEP 27 1:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ALEX ELLSWORTH MILLER, DOB: 07/05/1994 Defendant. CRIMINAL CAUSE NO. FECR012343

AMENDED 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, Alex Ellsworth Miller of the crime of BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED VEHICLE, an Aggravated Misdemeanor in violation of Iowa Code Sections 713.1 and 713.6A(2) committed as follows: The said Defendant, Alex Ellsworth Miller, on or about June 23, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree upon the property of Alan Movall, said property being an unoccupied vehicle. 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 SEP 27 2:16 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, "#. ALEX ELLSWORTH MILLER, D%f%n&ant. T'% (att%) of t'% Stat% of Io*a+# R%,-%#t fo) $%a"% of Co-)t to A(%n& T)ial Info)(ation .o(%# on /%fo)% t'% Co-)t an& t'% Co-)t -0on %1a(ination of t'% fil%# an& )%.o)&# '%)%in fin&# t'at t'% a(%n&(%nt *ill not (at%)iall2 .'an3% t'% i##-%# no) *o)4 an2 'a)&#'i0# on t'% D%f%n&ant, an& t'at #ai& T)ial Info)(ation a# a(%n&%& 'a# /%%n %1a(in%& /2 (% an& fo-n& to .ontain #-ffi.i%nt %"i&%n.%, if -n%10lain%&, to *a))ant a .on"i.tion# /2 a t)ial 5-)26 t'% filin3 of t'i# a(%n&%& T)ial Info)(ation i# '%)%/2 a00)o"%&. No. FECR012343 ORDER PER ITTIN! A ENDED TRIA$ INFOR ATION

O)i3inal fil%& ED S, .o02 to7 Co-nt2 Atto)n%2 D%f%n&ant+# Atto)n%28 P%t%) !ol&#(it'

E-FILED 2013 SEP 27 2:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012343 OTHER ORDER Case Title STATE VS ALEX ELLSWORTH MILLER So Ordered

Electronically signed on 2013-09-27 14:16:24

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E-FILED 2013 OCT 11 2:26 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 2:26 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 2:26 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 11 2:57 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA No: FECR012343 Plaintiff vs. ORDER DEFERRING !DG"ENT ALEX ELLSWORTH MILLER, DO#: 0$%0&%1''4 D(f(n)ant. CO!NT I BE IT REMEMBERED t*at t*is +att(, -a+( on fo, s(nt(n-in.. T*( Stat( is ,(/,(s(nt() 01 Sa- Co2nt1 Atto,n(1 #(n3a+in o*n S+it*4 an) t*( D(f(n)ant is ,(/,(s(nt() 01 Atto,n(1 at 5a6 P(t(, Gol)s+it*. T*( /a,ti(s info,+ t*( Co2,t t*at a /l(a a.,((+(nt *as 0((n ,(a-*() 6*(,(in t*( D(f(n)ant (nt(,s *is 6,itt(n /l(a of .2ilt1 to t*( a+(n)() -*a,.( of BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED VEHICLE4 an A..,avat() "is)(+(ano, in violation of Io6a Co)( S(-tions $13.1 an) $13.7A8294 /2,s2ant to t*( /l(a a.,((+(nt. In (:-*an.( fo, t*( /l(a of .2ilt1 to t*( a+(n)() -*a,.(4 t*( Stat( *as a.,(() to a+(n) t*( -*a,.( as +(ntion() a0ov(. T*( Stat(;s "otion to A+(n) is *(,(01 .,ant(). T*( D(f(n)ant *avin. /,(vio2sl1 fil() *(,(in a Waiv(, of Ri.*ts an) A//(a,an-( Pl(a of G2ilt1 to t*( sai) off(ns(4 6*i-* /l(a -ontain() stat(+(nts 01 D(f(n)ant /2,s2ant to t*( ,(<2i,(+(nts of Stat( v. Sis-o4 17' N.W.2) &42 an) #,aina,) v. Stat(4 222 N.W.2) $11. D(f(n)ant;s .2ilt1 /l(a to t*( a+(n)() -*a,.( is a--(/t(). In (nt(,in. *is .2ilt1 /l(a t*( D(f(n)ant a-=no6l().() a6a,(n(ss of *is ,i.*ts an) t*at t*( /l(a 6as vol2nta,il1 (nt(,(). D(f(n)ant 6aiv() a))itional ti+( fo, s(nt(n-in. an) a-=no6l().() t*at *( 6o2l) not 0( in a /osition to fil( a +otion in a,,(st of 32).+(nt if 32).+(nt 6as i+/os() i++()iat(l1 an) t*at D(f(n)ant still 6is*() to *av( s(nt(n-( /,ono2n-() at t*is ti+(. T*( D(f(n)ant *as /l(a) .2ilt1 to t*( -,i+( of BURGLARY IN THE THIRD DEGREE OF UNOCCUPIED VEHICLE4 an A..,avat() "is)(+(ano, in violation of Io6a Co)( S(-tions $13.1 an) $13.7A829. IT IS ORDERED t*at t*( (nt,1 of 32).+(nt an) /,ono2n-(+(nt of s(nt(n-( is )(f(,,() an) D(f(n)ant is /la-() on in>fo,+al /,o0ation to t*( Sa- Co2nt1 P,o0ation Offi-(, fo, a /(,io) of on( 1(a,. !/on s2--(ssf2l -o+/l(tion of /,o0ation4 D(f(n)ant s*all 0( )is-*a,.() 6it*o2t i+/osition of s(nt(n-( o, 32).+(nt. D(f(n)ant;s /,o0ation s*all 0( s203(-t to t*( follo6in. t(,+s an) -on)itions: 1. D(f(n)ant4 6it*in $2 *o2,s of t*is 2).+(nt4 s*all si.n a P,o0ation A.,((+(nt 6it* t*( Sa- Co2nt1 P,o0ation Offi-(, at t*( Sa- Co2nt1 Co2,t*o2s(4 100 NW Stat( St,((t4 2n) Floo,4 Sa- Cit14 Io6a. a. D(f(n)ant s*all o0(1 all F()(,al4 Stat(4 an) lo-al4 la6s an) o,)inan-(s. 0. D(f(n)ant s*all ,(/o,t all n(6 a,,(sts to t*( Sa- Co2nt1 P,o0ation Offi-(, 6it*in s(v(n )a1s of t*( a,,(st.

E-FILED 2013 OCT 11 2:57 PM SAC - CLERK OF DISTRICT COURT

-. D(f(n)ant s*all =((/ t*( Cl(,= of Co2,t an) t*( Sa- Co2nt1 P,o0ation Offi-(, notifi() as to an1 -*an.( in a)),(ss 2ntil all o0li.ations of t*is -as( *av( 0((n -o+/l(t().

2. D(f(n)ant s*all /a1 a Civil P(nalt1 in t*( a+o2nt of $625.00 to t*( Stat( Co2,t A)+inist,ato,4 t*,o2.* t*( Cl(,= of Co2,t? to 0( /ai) as o,)(,() 01 t*( Co2,t. 3. In a))ition4 D(f(n)ant s*all /a1 t*( 5a6 Enfo,-(+(nt Initiativ( s2,-*a,.( of $125.00 /2,s2ant to S(-tion '11.3. 8Fo, violations 2n)(, Io6a Co)(: -*a/t(,s 1244 1&&A 4&3#4 $134 $144 $1&A4 $174 o, -o)( s(-tions $1'.@4 $2&.14 $2&.2 an) $2&.39? 0( /ai) as o,)(,() 01 t*( Co2,t. 4. D(f(n)ant s*all /a1 -o2,t -osts in t*( a+o2nt of $100.00 to 0( /ai) as o,)(,() 01 t*( Co2,t. &. D(f(n)ant s*all /a1 -o2,t a//oint() atto,n(1 f((s in t*( a+o2nt of $2!".00? to 0( /ai) as o,)(,() 01 t*( Co2,t. 7. IT IS FURTHER ORDERED t*at D(f(n)ant s*all /a1 all a+o2nts o,)(,() 01 t*is 2).+(nt 01 /a1in. $#5.00 $%& '()*+ to t*( S,- C(.)*/ C0%&1 (2 C(.&* 6it* /a1+(nts to 0(.in on t*( 13* 4,/ (2 *+% '()*+ follo6in. t*is o,)(, an) s*all -ontin2( on t*( 1st )a1 of (a-* +ont* 2ntil /ai) in f2ll. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 2" MONTHS OF THE DATE OF THIS 5UDGMENT, THE BALANCE IS DUE AT THAT TIME. D%2%)4,)* 63 ,4763%4 *+,* 62 ()% $,/'%)* 63 '633%4, *+% %)*6&% (8069,*6() 8%-('%3 6''%46,*%0/ 4.%. IT IS FURTHER ORDERED t*at 0on) /,(vio2sl1 s(t in t*is +att(, is (:on(,at(). D(f(n)ant *avin. a//(a,()4 an1 0alan-( of a//(a,an-( 0on) is ,(l(as() aft(, a//li-ation to fin(4 s2,-*a,.(4 -o2,t -osts4 atto,n(1 f((s4 an) ,(stit2tion.

O,i.inal fil() ED"S4 Co/i(s to: Co2nt1 Atto,n(1 D(f(n)ant%Atto,n(1> P(t(, Gol)s+it* Co2,t A)+inist,ato,

E-FILED 2013 OCT 11 2:57 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012343 ORDER FOR JUDGMENT Case Title STATE VS ALEX ELLSWORTH MILLER So Ordered

Electronically signed on 2013-10-11 14:57:15

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E-FILED 2014 FEB 27 12:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ALEX ELLSWORTH MILLER, Defendant. CASE No. FECR012343 STATES APPLICATION TO REVOKE DEFERRED JUDGMENT AND IMPOSE SENTENCE

COMES NOW the State of Iowa and for its Application to Revoke Defendants Deferred Judgment and Impose Sentence states the following: 1. On July 31, 2013, defendant, was charged with burglary in the third degree a class D felony. Ultimately, on or around October 7, 2013, defendant pleaded guilty to the amended charge of burglary of an unoccupied motor vehicle, which is an aggravated misdemeanor, and received a deferred judgment. 2. On February 11, 2014, defendant was again charged with burglary in the third degree Sac County Case No. FECR012491. This most recent burglary charge stems from an incident occurring on or around September 29, 2013, which was just days before defendant received the deferred judgment herein. WHEREFORE, the State respectfully requests the Court set a hearing on this Application and revoke Defendants probation / deferred judgment and, after the State establishes Defendants violations by a preponderance of the evidence, impose sentence pursuant to Iowa Rule of Criminal Procedure 2.24(3)(d).

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

E-FILED 2014 FEB 27 1:55 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. ALEX ELLSWORTH MILLER , Defendant. 02811 FECR012343

Order Setting Initial Appearance On Probation Violation

IT IS HEREBY ORERED that an initial appearance on the State's Application for Probation Revocation will be held as follows: Initial Appearance is scheduled on 03/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. This order and a copy of the Application for Revocation of Probation shall be served on the defendant in the manner of an original notice.

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E-FILED 2014 FEB 27 1:55 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER ORDER SETTING INITIAL APPEARANCE So Ordered

Electronically signed on 2014-02-27 13:55:57

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E-FILED 2014 MAR 07 9:36 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 18 11:27 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 19 9:28 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, 02811 FECR012343 Plaintiff, vs.

APPEARANCE ORDER
ALEX ELLSWORTH MILLER , Defendant.

The defendant appears by attorney.

Probation Revocation Hearing is scheduled on 04/02/2014 at 10:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Hearing is scheduled in courtroom 1A.

Court-Appointed Counsel: The defendant did not request Court-Appointed Counsel.

Conditions of Release: The defendant is released without bond.

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E-FILED 2014 MAR 19 9:28 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER OTHER ORDER So Ordered

Electronically signed on 2014-03-19 09:28:42

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E-FILED 2014 MAR 21 1:41 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 31 4:02 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 31 4:02 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 02 9:55 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

vs.

Case No: 02811 FECR012343 ORDER OF DISMISSAL

ALEX ELLSWORTH MILLER , Defendant.

Pursuant to motion of the State. IT IS ORDERED that this case is dismissed with costs to the Defendant. IT IS FURTHER ORDERED that any appearance bond posted is exonerated to the person posting the same. Any companion charges are also dismissed with the costs taxed to the Defendant. Any outstanding warrants are rescinded.

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E-FILED 2014 APR 02 9:55 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012343 Type: Case Title STATE VS ALEX ELLSWORTH MILLER ORDER OF DISPOSITION So Ordered

Electronically signed on 2014-04-02 09:55:52

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