Felony Charge Against Denison Man Dismissed

7/27/2019 Felony Charge Against Denison Man Dismissed

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


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

TATE ALLEN SHATTUCK ,Defendant.

Defendant's Correct Address: 1620 Broadway,Denison, IA 51442

Case No: 02811 FECR012329

INITIAL APPEARANCE

Charges:01 - 713.6A(1) - BURGLARY 3RD DEGREE (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 can

and 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 $750.00 to 7,500.00

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:

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 07/09/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney 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 Courts

Case Number Case TitleFECR012329 STATE VS TATE ALLEN SHATTUCK

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

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

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I N T HE IOW A D I ST R IC T C OU R T FOR

DISTRICT COURT UF ISAC COUNTYFILEDSac COIJNT^0I3JUH I9 PH12:

STATE OF IOWA orPlaintiff/Petitioner,vs." FT" v

Defendant/Respondent.

Criminal CivilNO ffcftDl^FINANCIAL AFFIDAVIT/APPLICATIONFOR APPOINTMENT O F COUNSEL

Insupport of my application for appointment of counsel, and under penalty of perjury, the undersigned states:Name; { C - ^ k ^ f c / M > . / . Birth Pate: / 3 J / ~ f ^ f "Home Phone: Cell Phone: ~7 I Z ^ Z C T flyfe-mail:Street Address: \Co Z & B r f i f o J u s l X ^ D ^ I ^ / I F A S I H H

Pending charges:Street/P.O.Box .pt# City State Z ip

Do you have a job? No Job ^ G T Y e s , Full Time Yes, Part Time (List Hours/week:Who do you work for? j Jbf^o*,

In Ja i l?^rY es No. )

Ho w much money do you currently make before taxes or deductions? [K "SlT% per^pfiiour month yearHow much money have you made in the last 12 months from any source, before taxes or deductions?How many family members are supported by or live with you?If a spouse lives with you, how much money does yourspouse make? per hour month yearList all other money you, or anyone else living in your household, has coming in: j H J * (^>^a


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.TATE ALLEN SHATTUCK ,

DEFENDANT.

02811 FECR012329

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income between 125% and 200% of the guidelines, not appointing would causefinancial hardship.

Attorney Peter Goldsmith, a contract attorney, is appointed.

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


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Type: ORDER APPOINTING

So Ordered


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


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012329

Plaintiff,

vs. TRIAL INFORMATION

TATE ALLEN SHATTUCK,

DOB: 10/31/1994

Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and

in the name and by the authority of the State of Iowa, accuses Defendant, Tate Allen Shattuck, of

the crime ofBURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa

Code Section(s) 713.1 and 713.6A committed as follows:

The said Defendant, Tate Allen Shattuck, on or about June 18, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree upon the

property of Amanda Ransom.

A TRUE INFORMATION

/s/Benjamin John Smith

Prosecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse

100 NW State St., Suite 9, Sac City IA 50583Telephone: 712-662-4791 Fax: 712-662-4123

Email: [email protected]
mailto:[email protected]:[email protected]


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Type: Approval of Trial Information

Case Number Case Title

FECR012329 STATE VS TATE ALLEN SHATTUCK

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 2013-07-24 10:30:08 page 2 of 2

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


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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012329

Plaintiff,

vs.TATE ALLEN SHATTUCK,

Defendant.

Attachment to TrialInformation

Witness List

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, Sac County Sheriff's Department

JOEL BURNS, DEPUTY, Sac County Sheriff's Department

COLTON RANSOM, Occupation Unknown

SEAN ANTHONY INGVALL, Occupation Unknown

ETHAN HARTMANN, Occupation Unknown

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


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STATE OF IOWA,Plaintiff,

VS.TATE ALLEN SHATTUCK,

Defendant.

CRIMINAL NO. FECR012329

ORDER SET ARRAIGNMENTAND APPROVE BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to warranta conviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear forArraignment at theSac County Courthouse, District Courtroom, Sac City, Iowa on the 13thday ofAugust2013 at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom custody in this matter shall be:

Defendant is released on personal recognizance.Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.The Defendant shall have no contact with the victim or any witness set

forth in the minutes of evidence in this matter.The Defendant shall be on pre-trial supervision to the Second JudicialDistrict Department of Correctional Services.Other:

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


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.TATE ALLEN SHATTUCK ,

DEFENDANT.

Case No. 02811 FECR012329

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 9, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by .

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall 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

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

PETER ANDREW GOLDSMITHDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case Nos. FECR012292

ORDER CONTINUING PRETRIAL

CONFERENCE

IT IS HEREBY ORDERED that the pretrial conference held September 24, 2013,

shall be and is continued to October 8, 2013, at 9:00 a.m., in the courtroom at the

Sac County Courthouse, Sac City, Iowa. If the defendant fails to appear before this

Court as ordered, a warrant may issue for his arrest.

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


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Type: OTHER ORDER



So Ordered


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


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

CASE NO. FECR012329

ORDER CONTINUING PRETRIAL

CONFERENCE

IT IS HEREBY ORDERED that the Pretrial Conference is rescheduled to October

21, 2013, at 1:30 p.m., at the Sac County Courthouse, Sac City, Iowa, and the Trial

is scheduled for December 17, 2013, at 9:00 a.m., also at the Sac County

Courthouse. The defendant is HEREBY NOTIFIED if he fails to appear before this

Court as ordered, a warrant may issue for his arrest.

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


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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.

CASE NO. FECR012329

MOTION TO DISMISS

COMES NOW State through Sac County Attorney Ben Smith and for its

Motion to Dismiss, states the parties have stipulated that the Trial Information

should be dismissed without prejudice with costs to the defendant. The

undersigned states that its request for dismissal serves the interests of justice.

WHEREFORE for the foregoing reasons, the State respectfully requests that

the Court dismiss this matter with prejudice with court costs assessed to the

defendant.

Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]

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


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

CASE NO: FECR012329

ORDER GRANTING DISMISSAL

This matter came before the Court on the States Motion to Dismiss the Trial

information approved by the Court on July 24, 2013. The Court, upon reviewing

the record and being advised in the premises FINDS and ORDERS that the

aforementioned Trial Information shall be and is dismissed without prejudice.

IT IS FURTHER ORDERED that defendant shall pay court costs in the

amount of $100.00 and court appointed attorney fees in the amount approved bythe State Public Defender. The defendant is HEREBY NOTIFIED that these

costs become past due if not paid within thirty days following the entry of this

Order.



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Type: OTHER ORDER



So Ordered



Documents

Felony Charge Against Denison Man Dismissed