holstein man pleads guilty to theft in the 4th degree

E-FILED 2014 JAN 29 1:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA

Plaintiff

vs

ALEX ELLSWORTH MILLER Defendant

Case No. 02811 FECR012491

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:BURLARY 3RDin violation of Section(s) 713.6A of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on02/10/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable ascontempt of court.

/s/ SHELLEY BASS

CLERK OF DISTRICT COURTSAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).

E-FILED 2014 JAN 29 2:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR Sac

DISTRICT COUKI OF IOWA SAC COUNTY

' ' FILED

20ll« FEB -3 PM |:28 COUNTY

STATE OF IOWA or

Plaintiff/Petitioner,

Defendant/Respondent.

Criminal Civil

NO. ^cmm) FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

N a m e : / \ l ^ M i j l ^ r Birth Date: 7 A V ^ /

Home Phone: l!?-^[$~7.ftf> Cell Phone: llZ'Zlfi'^ OH E-mail:ryljIer^^^hnSJO^r/l-}^ )j>riH

Street Address: SOft L Park Si Street/P.O. Box

fete; Apt # City

"4TL. State Zip

In Jail? • Yes # N o

Do you have a job? Of No Job • Yes, Full Time • Yes, Part Time (List Hours/week: )

Pending charges: Sw^Ja/y?

Who do you work for? NlPr How much money do you currently make before taxes or deductions? per • hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductions? tJJ) _\QOO ?

How many family members are supported by or live with you? ^ -

Ifa spouse lives with you, how much money does your spouse make? _ P e r CI. hour • month • year

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: ffu/.k -

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

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 llim Signature llf^/lJfkUj^

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ALEX ELLSWORTH MILLER , DEFENDANT.

02811 FECR012491

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 financialhardship. Attorney Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2014 FEB 04 8:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012491 STATE VS ALEX ELLSWORTH MILLERType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-02-04 08:16:21

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E-FILED 2014 FEB 06 3:37 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.

Case No: 02811 FECR012491

INITIAL APPEARANCE

Charges:01 - 713.6(A) - BURGLARY 3RD DEGREE - 1991 (FELD) 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 canand 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 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 $fine of not less than $750 nor greater than $7,500 plus 35% syrcharge and courtcosts 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.

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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: Defendant shall obey all laws of Iowa and the U.S. 6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether 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 03/03/2014 at 9:00 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 at712-662-4791 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 CourtsCase Number Case TitleFECR012491 STATE VS ALEX ELLSWORTH MILLERType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012491 Plaintiff, vs. TRIAL INFORMATION

ALEX ELLSWORTH MILLER,DOB: 07/05/1994 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,

Alex Ellsworth Miller of the crime of BURGLARY IN THE THIRD DEGREE, a Class D

Felony in violation of Iowa Code Section 713.1, and 713.6A committed as follows:

The said Defendant, Alex Ellsworth Miller, on or about September 29, 2013, in

the County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the

third degree upon the property of Warrens Service Inc.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


mailto:[email protected]

THE STATE OF IOWA vs. ALEX ELLSWORTH MILLER WITNESS LISTCriminal No. FECR012491COUNT: Burglary in the Third Degree

NAMES OF WITNESSES:

KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

WARREN EHRP, OWNER, WARREN'S SERVICE

MARK FOWLER, EMPLOYEE, WARREN’S SERVIE


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012491 STATE VS ALEX ELLSWORTH MILLER

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 2014-02-11 15:00:44 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs ALEX ELLSWORTH MILLER , Defendant.

Case No: 02811 FECR012491 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 isscheduled on 02/19/2014 at 11:00 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 suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. ALEX ELLSWORTH MILLER , Defendant.

Case No: 02811 FECR012491 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 14, 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 shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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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

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State of Iowa CourtsCase Number Case TitleFECR012491 STATE VS ALEX ELLSWORTH MILLERType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA CRIMINAL CAUSE NO. FECR012491Plaintiff,

vs. STATEMENT OF PECUNIARY LOSSALEX ELLSWORTH MILLER,

Defendant.

COMES NOW Benjamin John Smith Sac County Attorney as prosecuting attorney forthe State of Iowa, and states to the Court that the victim requests that restitution be ordered in theabove-captioned cause as shown below and/or on the attached sheets.

Victim Name/Address:WARREN EHRPWARREN'S SERVICE2188 DEAN AVENUESCHALLER IA 51053

Type of Loss Amountof Loss

Deductible RestitutionAmount

Financial Damages: (Cash)

$40 $ n/a $40

Miscellaneous: $250.00 $ n/a $250IPOD Touchwith Black and Gold Earbuds

Total Restitution to be Ordered: $290.00

Dated this 28th day of March 2014.

Benjamin John Smith, Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583(712) 662-4791Fax: (712) [email protected]

PROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by:[x ] Depositing in the U.S.Mail, postage prepaid, in envelopes addressed to the victim

[x ] by EDMS to Attorney of Recordon March 28, 2014by: /s/Norma Hecht

E-FILED 2014 MAR 28 10:29 AM SAC - CLERK OF DISTRICT COURT


E-FILED 2014 MAR 31 4:04 PM SAC - CLERK OF DISTRICT COURT


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

02811 FECR012491

ORDER SETTINGGUILTY PLEA

Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing isscheduled on 04/16/2014 at 11:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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E-FILED 2014 APR 01 11:43 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012491 STATE VS ALEX ELLSWORTH MILLERType: ORDER TO ACCEPT PLEA

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ALEX ELLSWORTH MILLER , Defendant.

Case No: 02811 FECR012491 Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Orderrequiring parties to conduct a pretrial conference. The following order is entered:

ORDER Written guilty plea shall be filed by noon on May 7, 2014. If the defendant's written guilty plea is notsubmitted at or before said time, an arrest warrant shall issue for the defendant. Clerk to provide notice to counsel of record.

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E-FILED 2014 APR 17 1:28 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012491 STATE VS ALEX ELLSWORTH MILLERType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, No. FECR012491Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONALEX ELLSWORTH MILLER,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

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 guilty to the charge of: Count I - Theft in the Fourth Degree, a Serious Misdemeanor in violation of Iowa CodeSections 714.1(1) and 714.2(4).

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 substitutedand amended Trial Information.

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on April 18, 2014by: [ ] U.S. Mail [ ] Fax

[ ] Hand Delivered [ ] Overnight Courier[ ] Certified Mail [ x] EDMS

Signature: /s/Norma Hecht




STATE OF IOWA, CRIMINAL CAUSE NO. FECR012491 Plaintiff, AMENDED vs. TRIAL INFORMATION

ALEX ELLSWORTH MILLER,DOB: 07/05/1994 Defendant.

COUNT ICOMES 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 THEFT IN THE FOURTH DEGREE, a Serious Misdemeanor in violation of Iowa

Code Sections 714.1(1) and 714.2(4) committed as follows:

The said Defendant, Alex Ellsworth Miller, on or about September 29, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully take possession or control of the

property of another, the property having a value in excess of $200 but not exceeding $500, with

the intent to deprive the other thereof, to wit: Defendant took possession or control of property

belonging to Warren’s Service, and the property is valued at approximately $290.00.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]



IOWA DISTRICT COURT FOR SAC COUNTY

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

Case No. FECR012491

ORDER

NOW, on this 18th day of April, 2014, the Court is in receipt of the State’s Motion

to Amend Trial Information. The Motion to Amend should be granted.

IT IS THEREFORE ORDERED that the State’s Motion to Amend Trial

Information is granted.

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



E-FILED 2014 MAY 05 8:11 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, )

) CRIM. NO. FECR012491 Plaintiff, )

) ORDER ACCEPTING PLEA vs. ) AND JUDGMENT ENTRY

) ALEX ELLSWORTH MILLER, ) Charge – Theft in the Fourth Degree

) Section – 714.1(1) and 714.2(4) Defendant. )

NOW on the 6th day of May, 2014, the defendant submits his verified written Plea of

Guilty. The defendant is charged with Theft in the Fourth Degree, a Serious Misdemeanor, as

amended, in violation of Sections 714.1(1) and 714.2(4) of the Iowa Code. The State appears

by Sac County Attorney, Ben Smith. The Defendant waives his personal appearance and

appears by counsel, Peter Goldsmith.

The written plea of guilty shows that the defendant's plea is voluntary, being freely and

intelligently made, with an understanding of the charge, with knowledge of the penal

consequences of the plea, with full knowledge of his constitutional rights, and that said rights

are waived by a plea of guilty, without any threats, improper inducements or persuasion, and

the Court finds there is a factual basis for the defendant's plea of guilty.

The written plea indicates the defendant's informed understanding of his rights

contemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d

711; and State v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of

guilty, which plea is made a part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.

The defendant indicates his understanding of his right to additional time and the right to

file a Motion in Arrest of Judgment and the necessity of doing so at least five days prior to the

date set for sentencing and indicates his voluntary waiver of those rights and his desire to

proceed immediately to sentencing. The Court, finding the defendant's waivers are voluntary

and made with an understanding of his rights, accepts the waivers and proceeds to entry of

judgment. The defendant's counsel indicates he knows of no legal cause why judgment and

sentence should not be pronounced.

The Defendant is adjudged guilty of the offense of Theft in the Fourth Degree, a Serious

Misdemeanor, as amended, in violation of Sections 714.1(1) and 714.2(4).


The Defendant is sentenced to pay a fine in the sum of $315.00, plus a 35% surcharge,

a $125 Law Enforcement Initiative Surcharge, restitution in favor of Warren’s Service in the sum

of $290.00, the court costs of this action and attorney fees as certified by Mr. Goldsmith.

Defendant shall pay these financial obligations to the Clerk of Court of this county or

online at www.iowacourts.gov. Defendant shall pay the balance due by way of a plan of

payment developed by the probation officer.

Defendant is further sentenced to serve a period of 300 days in the custody of the Sac

County Sheriff, with credit for time served, if any, as certified by the Sheriff. This sentence is

suspended in its entirety and Defendant is placed on probation to the Sac County Probation

Office for a term of one year.

Conditions of probation are as follows:

1. Defendant shall report to the Sac County Probation Office within 7 days of today’s

date.

2. Defendant shall obey all laws.

3. Defendant shall pay the balance due by way of a plan of payment developed by

his probation officer.

The reasons for this sentence include the following: Defendant’s age; prior criminal

history; attitude toward rehabilitation; facts and circumstances of this case; family and

employment circumstances; need for protection of the community and deterrent impact upon

Defendant and others similarly situated.

Any bond money previously posted is released and exonerated.

Appeal bond is set in the sum of $1,000.00.

COPIES TO: County Attorney Defense Attorney



Type: OTHER ORDER


So Ordered



E-FILED 2014 MAY 07 4:13 PM SAC - CLERK OF DISTRICT COURT

holstein man pleads guilty to theft in the 4th degree

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