Wall Lake Man Found Guilty of Burglary in The 3rd Degree

Complaint
STATE OF IOWA
Vs.
James Patrick Sexton
Item#:
STATE OF IOWA, COUNTY OF SAC
Before (Judge, Magistrate),
r-o
c=>
WA R R E N L. BUS
JUDICIAL MAGISTR?
o
I
C/ > o
Criminal Cas e No.
1/1
T
= = 0 0
f l o e
Addres s
Defendant
104 Th i r d St r eet , Wal l Lake IA
Complaint
CO
Date of Birth 05-19-1985
Class D Felony
The defendant is accused of the crime of Burglary in the 3
r d
degree in violation of (Section 713.6A of the Code of lowa) or
Ordinance No. of the City of , in that the defendant on the 22 day of January , 20H, at the 704 Fifth Street in
Lake View, lowa in Sac County, did :
James Sexton committed burglary in the third degree upon the residence of Bob and Susan Green.
(State acts or omissions constituting offense)
Statutory Reference 804.1 Code of lowa
STATE OF IOWA,
COUNTY OF SAC, ss.
Dated
Complainant
Address M/^i St- l^;c-CcS
I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other
reliable persons form my belief that James Sexton the defendant committed the crime charged.
Arielle Henderson was an employee of the Greens and knew the routine that the bartenders followed after closing at
JerZees. She knew that the money from the bar was taken to the Greens' house and left on the kitchen counter. She
knew who was going to drop off the money bag and she and James Sexton watched for her to leave the Green's house.
The girl who dropped off the money bags saw her vehicle 3 times between the time she went to the Green's house and
when she left town. Her foot prints were outside the kitchen window where she could see the money bags. It had snowed
that Friday. The same foot prints lead away from the house for about 100 feet and end behind a pile of snow. The same
foot prints were outside of her house in Wall Lake. She lied Her and James being home a sleep all night she contacted
her mother at 2:05 AM on the 22
n d
. Arielle or James entered the house and took the money bags from the kitchen
counter.
Subscribed and sworn to before me by the said
the 3 ' day of Q u A * LU r ^ >. 20 / / .
Signature
Complainant, on
MagistrateTCId/kor Notary Public in the State of lowa
Magistrate
WARREN LBUf H
JUDICIAL MAGISTRATE
In the Iowa District Court in and for SAC County

Case No: 02811 FECR011820 Title: STATE VS JAMES PATRICK SEXTON

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.
Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining
to the Use of the Electronic Document Management System.

What is required of you?

You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at
https://www.iowacourts.state.ia.us/EFile to register.

You are required to have a current e-mail account for use with EDMS. Registration requires you to understand
and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to
the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website.

Your registration constitutes your request for, and consent to, electronic service of court-generated documents
and documents filed electronically by other parties. When you have completed your registration, you can begin
filing and viewing documents on your case and receiving notifications of filings, and events.

EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of
exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption
from registering and filing electronically.

You must protect private information when using EDMS.
Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System
specifies personal information that is now considered protected by the court, as well as what you must do to
keep protected personal information out of the public documents you eFile.

Training and technical support are available for EDMS.
Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have
questions about court procedures related to electronic filing, contact your county clerk of court office.

We look forward to your comments and suggestions
as we implement electronic filings in the Iowa Courts
E-FILED 2014 JAN 08 10:53 AM SAC - CLERK OF DISTRICT COURT

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files
to electric documents
Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an
electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document
Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending
files that exist at the time a county clerk of court office implements EDMS. Accordingly:

It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely
appear on a future court schedule as soon as implementation of EDMS begins in their respective
counties.
2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in
each case type. Upon implementation of electronic filing in the County, the security level of
these electronic records shall be as identified by the EDMS Business Advisory Committee.
3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties
appearing pro se.
4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to
protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that
case.
5. After being notified of commencement of the electronic filing in that County, attorneys, parties
appearing pro se and all other shall file all future filings on that case electronically.

It is so Ordered:

Dated 3rd day of November, 2010
/s/ Kurt L. Wilke
Kurt L. Wilke, Chief Judge of the Second
Judicial District of Iowa
In the Iowa District Court in and for SAC County

Case No: 02811 FECR011820 Title: STATE VS JAMES PATRICK SEXTON

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.
Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining
to the Use of the Electronic Document Management System.

What is required of you?

You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at
https://www.iowacourts.state.ia.us/EFile to register.

You are required to have a current e-mail account for use with EDMS. Registration requires you to understand
and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to
the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website.

Your registration constitutes your request for, and consent to, electronic service of court-generated documents
and documents filed electronically by other parties. When you have completed your registration, you can begin
filing and viewing documents on your case and receiving notifications of filings, and events.

EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of
exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption
from registering and filing electronically.

You must protect private information when using EDMS.
Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System
specifies personal information that is now considered protected by the court, as well as what you must do to
keep protected personal information out of the public documents you eFile.

Training and technical support are available for EDMS.
Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have
questions about court procedures related to electronic filing, contact your county clerk of court office.

We look forward to your comments and suggestions
as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files
to electric documents
Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an
electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document
Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending
files that exist at the time a county clerk of court office implements EDMS. Accordingly:

It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely
appear on a future court schedule as soon as implementation of EDMS begins in their respective
counties.
2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in
each case type. Upon implementation of electronic filing in the County, the security level of
these electronic records shall be as identified by the EDMS Business Advisory Committee.
3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties
appearing pro se.
4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to
protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that
case.
5. After being notified of commencement of the electronic filing in that County, attorneys, parties
appearing pro se and all other shall file all future filings on that case electronically.

It is so Ordered:

Dated 3rd day of November, 2010
/s/ Kurt L. Wilke
Kurt L. Wilke, Chief Judge of the Second
Judicial District of Iowa
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
JAMES PATRICK SEXTON,
Defendant.
Case No. FECR011820

TRIAL INFORMATION

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, JAMES PATRICK SEXTON (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 January 22, 2011, in Sac County,
Iowa, defendant entered the residence of Bob and Susan Green at 107 5
th

Street, Lake View, Iowa 51450 (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 entered the residence 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, JAMES PATRICK SEXTON (defendant) 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, committed as follows: On or about January 22,
2011, the defendant took possession or control of approximately $6,000.00
(property) from inside the home of Bob and Susan Green (collectively,
victims). The defendant did so with intent to deprive the victims of the property.
The property, at the time of the taking, belonged to and / or was in the
possession of the victims.

E-FILED 2014 JAN 21 1:42 PM SAC - CLERK OF DISTRICT COURT
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
WITNESS LIST
MICHAEL NORRIS, Peace Officer (retired), City of Lake View Police Department
TED HELMICH, Chief of Police, City of Lake View Police Department
ROYCE KEMMANN, Pace Officer, City of Lake View Police Department
JAYME RIEDELL, Jerzees Employee (former)
BRANDI DROST, Jerzees Employee (former)
ARIELLE HENDERSON, Jerzees Employee (former)
VERIZON WIRELESS, Custodian of Records
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
FECR011820 STATE VS JAMES PATRICK SEXTON
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 2014-01-21 13:43:10 page 4 of 4
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

JAMES PATRICK SEXTON ,

Defendant.

Case No: 02811 FECR011820

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 Hearing is
scheduled on 02/05/2014 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 such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
Request Robert Peterson effel 0014/
IN THE IOWA DISTRICT COURT FOR
5A. c
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
1
NCriminal Civil
No
(iK 2 0
0

VS. JA-mesS EX-R I P % ) FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
P .5040n

Birth Date:

Home Phone:
Street Address: S i t d , L i 4/ -( 001 1 a 5f $cro.s4ct i P i
3103, 2
Do you have a job? \I No Job J Yes, Full Time K Yes, rt Time (List Hours/week: )
Pending charges: 8 u rilw y / ' n iiit, -fi;ftite
- =
r A e. r a n i ,. . y te
In Jail? 0 Yes l'No
Cell Phone: q 1l iS3 14 '3 010 E-mail:
Street: P.O. Box Apt City State Zip
Who do 'ou work for?
How much money do you currently make before taxes or deductions? 0 per hour )21 month - >. ear
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? 3
If a spouse lives with you, how much money does your spouse make? 0 per hour month yyear /
List all other money you, or anyone else living in your household, has coming in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
1st amounts you8ay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be req uired to repay the State for all or part of my attorney fees and costs. I may be
req uired 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 th statements I ake in this application are true
and that I m unable to pay for an attorney to represent me.
Date
/11
Name:
Rev. 1/ 6/ 12
E-FILED 2014 FEB 02 9:16 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

02811 FECR011820

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 Robert Peterson, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2
E-FILED 2014 FEB 03 10:14 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2014-02-03 10:15:17
2 of 2

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 FECR011820

ORDER OF CONTINUANCE

This matter is continued, Arraignment Hearing is scheduled on 02/19/2014 at 11:00 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Type: ORDER FOR CONTINUANCE
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
v.
Defendant.
CASE No. FECR011820
MOTION TO QUASH
ARREST WARRANT
COMES NOW the State of Iowa and for its Motion to Quash Arrest Warrant
states defendant, through his court-appointed attorney, Robert Peterson, has
agreed to voluntarily appear before this Court for his February 19, 2014,
arraignment. Additionally, attorney Peterson is not able to view the EDMS court
file for this case until the warrant is either returned or quashed. Quashing the
arrest warrant would serve the interests of justice. Attorney Peterson joins the
undersigned in this motion.
WHEREFORE, for the foregoing reasons, the State respectfully requests that
the arrest warrant filed herein on or around February 15, 2011, be quashed.
__________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791

STATE OF IOWA,

Plaintiff,

vs.


Defendant.


ORDER CANCELING WARRANT

Upon application of the State.

IT IS ORDERED that the order for warrant of arrest issued by this Court on February 15, 2011, and
the resulting warrant issued by the Clerk are canceled and shall be returned to the Clerk of Court.

Any costs are assessed against the defendant.

Clerk to provide copies to:
County Attorney
Counsel for the defendant/Defendant
SAC County Sheriff (Dispatch)
1 of 2
Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 FEB 07 12:47 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Criminal No. FECR011820
WRITTEN ARRAIGNMENT
AND PLEA OF NOT GUILTY
COMES NOW the above named defendant in the above captioned criminal case and under oath
states:
1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108
West 8th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4425.
2. My current mailing and residence addresses and telephone number are: 5424 Altoona St,
Sarasota, FL 34232 941-539-5640
3. I am 28 years old. I can rei and unqrstand the English language and have completed the
following level of educationt_A t--
4. I have been advised by the above named attorney and understand that I have a right to
arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this
written arraignment and plea of not guilty. I understand that times for fattier proceedings
which are computed from the date of arraignment will be computed from the date of filing this
written arraignment and plea of not guilty.
5. I have received a copy of the indictment/trial information which charges me with the crime(s) of
Burglary 3rd Degree in violation of Iowa Cone section(s) 703.1 713.6A (2011), and Theft in
the 2" Degree in violation of Iowa Code section(s) 714.1 and 714.2 (2011). I have read it, and I
have familiarized myself witn its contents.
6. With regard to the name by which ! am charged in the indictment/trial information (either check
"a" or check and complete "b"):
[ X a. The name shown on the indictment/trial information is my true name. I have been
advised and understand that I am nowprecluded from objecting to the indictment/trial
information upon the ground I am improperly named..
[ b.
The name shown on the indictment/trial information is not my true name. My true name
is
. request that an entry be made in the minutes
I
day of
11. I request that a trial date be promptly set pu ant to rule 2 . 9), attorney and I will be
available for trial on the following days.
Defendant
State of Iowa Carroll County, ss.
Subscribed, sworn to, and acknowledged before me by Ja Sexton this
, 20
ROBERT E. PETERSON
Commission Number
758404
MY COMMISS1QN EXPIR
MAY 21,
[se
4!.-
showing my true name. I have been advised and understand further proceedings will be had
against me by that name, the indictment/trial information will be amended accordingly, and
when the indictment/trial information is so amended I will be precluded from objecting upon the
ground I am improperly named.
7. I have been advised and understand that I may plead guilty, not guilty, or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above
named attorney, and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge(s) of Burglary in 3r d Degree and Theft in the 2n d Degree.
10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90
days after indictment/filing of trial information and {check either "a" or "b"1:
[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).
[ X ] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).
Notary public or other officer authorized to take and
certify acknowledgements and administer oaths.
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 18, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 04/02/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State 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.

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
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 MAR 31 4:07 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 31 4:07 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 FECR011820

ORDER SETTING
GUILTY PLEA

Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing is
scheduled on 04/16/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

1 of 2
E-FILED 2014 APR 01 11:41 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER TO ACCEPT PLEA
So Ordered
2 of 2
IN THE IOWA DISTRICT COURT, IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. FECR011820
Plaintiff,
vs.
STATEMENT OF PECUNIARY LOSS
Defendant.
COMES NOW Benjamin John Smith, Sac County Attorney, as prosecuting attorney for the State of
Iowa, and states to the Court that the victim requests that restitution be ordered in the above-captioned
cause as shown below and/or on the attached sheets.
Victim Name/Address:
SUSAN GREEN
704 FIFTH STREET
LAKE VIEW IA 51450
Type of Loss Amount of Loss Deductible Restitution Amount
Financial Damages $4,998.00 $0.00 $4,998.00
Total Restitution to be Ordered: $4,998.00
Dated this 1
st
day of April 2014.
Benjamin John Smith,
Sac County Attorney
Sac City IA 50583
Telephone: (712) 662-4791
Fax: (712) 662-4123
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served
upon all parties to the above cause by:
[x ] U.S.Mail, postage prepaid, in envelope addressed to the victim
[x ] Attorney of Record by EDMS
on April 1, 2014
by: /s/Norma Hecht
E-FILED 2014 APR 01 12:17 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 APR 01 12:17 PM SAC - CLERK OF DISTRICT COURT
2RCR04

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

Case No. 02811 FECR011820

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 Smith
For the Defendant: Robert Peterson
Other:

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 Civil
Procedure 1.903(3):

1. The type of proceeding that was reported: Guilty Plea
2. The date(s) on which the proceeding occurred: April 16,2 014
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 the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.

/s/ Jessica J. Savits
___________________________________
District Court Reporter

These notes were electronically filed.
1 of 2
Type: COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2


STATE OF IOWA,

Plaintiff,

vs.


Defendant.


O R D E R

Date of Hearing: April 16, 2014
Charge: Count I: Third Degree Burglary, a Class D Felony, in violation of Iowa Code
Section(s) 703.1 and 713.6A
1. The Defendant was present with counsel, Robert Peterson. The State of Iowa
was represented by Ben Smith.
2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of
guilty to the above-described charge(s).
3. The conditions of Defendant's release, as previously established, shall remain
in effect pending sentencing.
4. The Court advised the Defendant of his right to file a motion in arrest of
judgment, pursuant to IRCrP 2.24(3), to preserve his right of appeal to the Iowa
Supreme Court based on any defect in the guilty plea proceeding.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1 of 3
1. A Sentencing Hearing is scheduled on 05/21/2014 at 10:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear
for this hearing.
2. The Department of Correctional Services shall prepare and file a presentence
investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa
Code Chapter 901. The clerk of court shall furnish to the Department of Correctional
Services a copy of the Trial Information and Minutes of Testimony.
3. The Defendant shall contact the Department of Correctional Services by
telephone or in person within 24 hours of the acceptance of the guilty plea to schedule a
presentence investigation interview.

CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
ROBERT EUGENE PETERSON
DEPARTMENT OF CORRECTIONAL SERVICES

2 of 3
Type: OTHER ORDER
So Ordered
3 of 3
E-FILED 2014 APR 16 11:25 AM SAC - CL ERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff,
vs.
J AMES PATRI CK SEXTON , O R D E R
Defendant.
Date of Hearing: April 16, 2014
Charge: Count I: Third Degree Burglary, a Class D Felony, in violation of lowa Code
Section(s) 703.1 and 713.6A
1. The Defendant was present with counsel, Robert Peterson. The State of lowa
was represented by Ben Smith.
2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of
guilty to the above-described charge(s).
3. The conditions of Defendant's release, as previously established, shall remain
in effect pending sentencing.
4. The Court advised the Defendant of his right to file a motion in arrest of
judgment, pursuant to IRCrP 2.24(3), to preserve his right of appeal to the lowa
Supreme Court based on any defect in the guilty plea proceeding.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1 of 3
1. A Sentencing Hearing is scheduled on 05/21/2014 at 10:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, lowa. The Defendant shall personally appear
for this hearing.
2. The Department of Correctional Services shall prepare and file a presentence
investigation report at least 72 hours before the sentencing hearing, pursuant to lowa
Code Chapter 901. The clerk of court shall furnish to the Department of Correctional
Services a copy ofthe Trial Information and Minutes of Testimony.
3. The Defendant shall contact the Department of Correctional Services by
telephone or in person within 24 hours of the acceptance of the guilty plea to schedule a
presentence investigation interview.
CLERK TO FURNISH COPI ES TO:
SAC COUNTY ATTORNEY
ROBERT EUG ENE PETERSON
DEPARTMENT OF CORRECTI ONAL SERV I CES
2 of 3
Case Title
STATE VS JAMES PATRICK SEXTON
OTHER ORDER
So Ordered
Adria Kester, District Associate Judge,
Second Judicial District of lowa
Case Number
FECRO 11820
Type:
2RCR04

STATE OF IOWA,

Plaintiff,

vs.


Defendant.


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 Smith
For the Defendant: Robert Peterson
Other:

Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Tara Gibson, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):

1. The type of proceeding that was reported: Sentencing
2. The date(s) on which the proceeding occurred: May 21, 2014
3. The name of the court reporter who reported the proceeding: Tara Gibson
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 the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.

/s/ Tara Gibson
___________________________________
District Court Reporter

1 of 2
E-FILED 2014 MAY 21 10:51 AM SAC - CLERK OF DISTRICT COURT
Type: COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2

1

STATE OF IOWA, :
Plaintiff, : FECR011820
v. :
JAMES PAREICK SEXTON, :
: SENTENCING ORDER
!f!n"ant. :
##############################################################################

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IT IS, THEREFORE, THE *UDG+ENT AND SENTENCE OF THE COURT, /+,%+ant t*
I*0a C*"! S!-ti*n% 701.8 an" 701.9 a% f*ll*0%:
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at!": Ma) 21, 201>.

C.ER/ TO FURNISH CO0IES TO1
C*+nt) Att*,n!)
!f!n"antC% Att*,n!)
S!-*n" J+"i-ial i%t,i-t !/a,t&!nt *f C*,,!-ti*nal S!,vi-!%

Type: OTHER ORDER
So Ordered

Wall Lake Man Found Guilty of Burglary in The 3rd Degree

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