State v Tyrel Lynn Brouchous - Agcr012346

8/13/2019 State v Tyrel Lynn Brouchous - Agcr012346

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E-FILED 2013 JUL 01 2:49 AM SAC - CLERK OF DISTRICT COURT


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

vs.

TYREL LYNN BROUCHOUS , Defendant.

Case No: 02811 AGCR012346

INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE

Charges:01 - 124.401(5)C - POSS OF A CONTROLLED SUBSTANCE-MARIJUANA-3RD OR SUBSQ(AGMS)

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

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

2 Years Prison

And/Or $5000.00

You will lose your driver's license for a period of days.

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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.

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:

(1) You must not use any alcohol or illegal drugs during the pendency of this matter. (2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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. 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 at : AM at the .

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 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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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

TYREL LYNN BROUCHOUS,

DOB: 08-05-1991

Defendant.

Case No. AGCR012346

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,Tyrel Lynn Brouchous (defendant) of the crime of POSSESSION OF A

CONTROLLED SUBSTANCE THIRD OFFENSE, a Class D Felony in violation of

Iowa Code section 124.401(5), committed as follows: On or about July 1, 2013, the

defendant knowingly or intentionally possessed marijuana, which is a controlled

substance, and the defendant knew that the substance he possessed was

marijuana, and defendant has one prior conviction for possession of marijuana, a

controlled substance, and another prior conviction for possession of

methamphetamine, also a controlled substance. (Sac County District Court Case

Nos. AGCR012065, FECR012100)

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834

Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

AGCR012346 STATE VS TYREL LYNN BROUCHOUS

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 2013-07-31 11:43:04 page 2 of 2



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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. AGCR012346

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

TORY CUDABACK, Deputy, Sac County Sheriffs Office

JOEL BURNS, Deputy, Sac County Sheriffs Office

MARK HEINO, Marijuana Examiner, Carroll Police Department

DONNA GERRY,Clerk of Court,Sac CountyIowa District Court



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STATE OF IOWA,Plaintiff,

VS.

TYREL LYNN BROUCHOUS,Defendant.

CRIMINAL NO. ACR!"#$%&

ORDER SETTIN ARRAINMENTAND BOND

T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte* 'a+eeen e-a)ined and f/nd t 0ntain (/ffi0ient e+iden0e, if /ne-1lained, t 2a**ant a0n+i0tin 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 Sa0C/nt3 C/*t'/(e, Di(t*i0t C/*t*), Sa0 Cit3, I2a n t'e 13th da3 f August 2013at9:00 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(t2a**ant.

IT IS FURTHER ORDERED, t'e Defendant6( nd and 0nditin( f* *elea(e f*)0/(td3 in t'i( )atte* ('all e7

Defendant i( *elea(ed n 1e*(nal *e05ni8an0e.

Bnd i( (et in t'e a)/nt f 9::::::::::::::::.Bnd )a3 e /n(e0/*ed.Bnd )/(t e 0a(' * (e0/*ed in t'e a)/nt f t'e Bnd."!; 0a(' )a3 e 1(ted.

Bond previously set shall continue.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.Other Conditions of elease:

!efendant shall o"ey all #ederal$ %tate$ and &ocal la's.

T'e Defendant ('all e n 1*e=t*ial (/1e*+i(in t t'e Se0nd >/di0ial Di(t*i0tDe1a*t)ent f C**e0tinal Se*+i0e(.

Ot'e*7

? @ Defendant i( O*de*ed t i))ediatel3 tain a S/(tan0e A/(e E+al/atin and1*+ide it t t'e C/*t. Fail/*e t d ( )a3 *e(/lt in t'e *e+0atin f Defendant6( P*e T*ialRelea(e.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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IOW DISTRICTCOURT FORS CCOUNTYSTATEO FI O WA , 2D 13AUG 13 AM 9 :2

PLAINTIFF N OVS. APPLICATION T O W A I V E

ATTORNEY A N D PROCEED (PRO SE)DEFENDANT

In support of my applicat ion to waive attorney I state:1. I kno w I have aright to be represented by an attorney in this case

andth t ifcannot af ford to h i re an at torney, the Court would appointcounse l for m e, with ou t any init ial costs on m y part . I furthe r real izeth t I wo uld u l t imately have to re imburse the S tate for those expense s.

2. I kno wth t an attorney would represent my interest in al l courtproceedings and would be avai lable to an swe r ques t ions for m e. I ama w a r eth t there may be defens es to the charges against meth t I as anon- law yer ma y not be awa re of . I know a lawyer wou ld g ive me theopportuni ty to obtain an independent opin ion on how to proceed anddefend the caseagainst me.

3. I know the County A t torney and his s taf f do not represent me butrather are responsib le for pros ecut ing me. I kno wth t I cannot relyupon the C ounty A t torney for legal advice.

4 . Having cons idered myright to counsel , t o g e t h e rwith the risk anddisadvantages of procee ding wi th ou t an at torney , I wa nt to represen tmyself and I wa nt to w aive m yright to an a t torney .

Datedthis

Defendant


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case Ns. A!CR"#$%&'

ORDER FOR CONTINUANCE AND

APPOINTIN! ATTORNEY

Defendant(s A))ai*n+ent ill -e )es/ed0led t A0*0st $1, $"#%, at 23"" a.+. in t/e

Sa C0nt4 C0)t/0se, Sa Cit4, Ia. Att)ne4 Pete) !lds+it/ is a55inted t

)e5)esent Defendant. T/e Defendant and /is att)ne4 s/all a55ea) -ef)e t/e C0)t

0nless a W)itten A))ai*n+ent /as -een filed. If t/e Defendant fails t a55ea) -ef)e

t/is C0)t as )de)ed, a a))ant +a4 iss0e f) /is a))est.

CLER6 TO FURNISH COPIES TO3

SAC COUNTY ATTORNEY

PETER !OLDS7ITH

E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered




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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case N. A!CR"#$%&'

ORDER RESCHEDULIN!

ARRAI!N(ENT

It Is O)de)ed t*at t*e defendant+s a))ain-ent is )es*ed/led t Se0te-1e) #",

$"#%, --enin at 23"" a.-. in t*e /)t)- f t*e Sa C/nt4 C/)t*/se, Sa

Cit4, I5a. If t*e defendant fails t a00ea) f) t*is *ea)in a 5a))ant 5ill 1e iss/ed f)

*is a))est.

CLER6 TO FURNISH COPIES TO3

Sa C/nt4 Att)ne4

Defendant7s Att)ne4 Pete) !lds-it*



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Type: ORDER FOR ARRAIGNMENT



So Ordered




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E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.TYREL LYNN BROUCHOUS ,

DEFENDANT.

Case No. 02811 AGCR012346

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 29, 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 caseshall commence on October 2, 2013 at 9 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 depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall 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 discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

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E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT


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PETER ANDREW GOLDSMITHDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleAGCR012346 STATE VS TYREL LYNN BROUCHOUS

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-09-03 09:23:52

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STATE OF IOWA, No: AGCR012346

Plaini!!,

"#$ ORDER SET DATE


FOR PRETRIA% CONFERENCE

D&!&n'an$

THE COURT FINDS T(ial in )& a*o"& +aion&' -a&( )a# *&&n #& !o(

O+o*&( 2, 2013. )&(&!o(&,

IT IS THE ORDER OF THIS COURT:

1$ P(&(ial +on!&(&n+& in )i# -a&( /n'&( I$R$C($P$ 1 ill *& )&l' a 3:00 p.m.on)& 24th'a o! September 2013, a )& Sa+ Co/n Co/()o/#&, Sa+ Ci,

Ioa, o +on#i'&(:a$ Po##i*ili o! #&l&-&n

an'

*$ a&(# o &&'i& )& (ial$2$ Ca# )i+) a(& 5oin5 o *& #&l&' i! a all o##i*l& a o( *&!o(& )& (&(ial #o

)a )& (ial a##i5n-&n ill no *& +lo55&' i) +a# )i+) a(& no 5oin5 o

*& (i&'$

3$ D&!&n'an #)all &(#onall a&a($4$ I! )& P(&T(ial Con!&(&n+& i-& 'o no o(7 !o( '&!&n#& +o/n#&l, +ona+ )&

Co/n Ao(n& !o( ano)&( i-&$

O(i5inal !il&' EDS,

Coi * EDS o: 8&n9a-in o)n S-i), Sa+ Co/n Ao(n&P&&( Gol'#-i), D&!&n'an;# Ao(n&



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Type: ORDER FOR PRETRIAL CONFERENCE



So Ordered




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

State of IowaPlaintiff

Vs.

No. agcr012346Tyrel Lynn Brouchous

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIACOVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to usephotographic equipment(__X__), television cameras (__X__) or electronic soundrecording equipment (__X__) in courtroom coverage in theabove proceeding.

2. This filing is for all pre-trial motions, plea-taking,

trial and sentencing.

3. The request(s) for expanded media coverage are describedas follows: Two video cameras, tripods, videographers; audio

accessibility; two photographers with up to two still camerasand two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage isfiled at least 14 days in advance of the proceedings forwhich 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 tothe last known address of all counsel of record, partiesappearing without counsel, the district court administratorfor this judicial district, and the judicial officer expected

to preside at the trial or proceedings for which expandedmedia coverage has been requested, as follows:

E-FILED 2013 SEP 18 4:35 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Peter Goldsmith500 Second St.

Ida Grove, IA 51145

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE:

CLERK OF COURT: Sac County, Iowa

WHEREFORE, the undersigned media coordinator gives notice ofrequest(s) for expanded media coverage as aforesaid.

Signature_/s/ Jesse Helling________________________Date__9/18/2013______________________

Jesse Helling

Media Coordinator, Region 4Third Judicial District of IowaAddress: Fort Dodge Messenger713 Central Ave.

Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529



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2RCR15


STATE OF IOWA,

PLAINTIFF,

vs.TYREL LYNN BROUCHOUS ,

DEFENDANT.


O R D E R

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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Case Number Case TitleAGCR012346 STATE VS TYREL LYNN BROUCHOUS

Type: OTHER ORDER

So Ordered


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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case Ns. A!CR"#$%&'

ORDER CONTINUIN! PRETRIAL

CONFERENCE

IT IS HEREBY ORDERED t(at t(e )*et*ial +nfe*en+e (eld Se)te-e* $&, $"#%,

s(all -e and is +ntined t O+t-e* /, $"#%, at 01"" a.., in t(e +*t* at t(e

Sa+ Cnt2 C*t(se, Sa+ Cit2, I3a. If t(e defendant fails t a))ea* -ef*e t(is

C*t as *de*ed, a 3a**ant a2 isse f* (is a**est.



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Type: OTHER ORDER



So Ordered




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STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case Ns. A!CR"#$%&'

ORDER SCHEDULIN! PRETRIAL

CONFERENCE AND TRIAL

IT IS HEREBY ORDERED t(at t(e P)et)ial Cnfe)en*e is )es*(ed+led t O*te)

$#, $"#%, at #-%" ./., at t(e Sa* C+nt0 C+)t(+se, Sa* Cit0, I1a, and t(e T)ial

is s*(ed+led f) De*e/e) #2, $"#%, at 3-"" a./., als at t(e Sa* C+nt0

C+)t(+se. T(e defendant is HEREBY NOTIFIED if (e fails t aea) ef)e t(is

C+)t as )de)ed, a 1a))ant /a0 iss+e f) (is a))est.

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


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Type: OTHER ORDER



So Ordered


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


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2RCR01


STATE OF IOWA,

PLAINTIFF,

vs.

TYREL LYNN BROUCHOUS ,

DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial

conference.

IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00

a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014

at 11:30 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.


SAC COUNTY ATTORNEY


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E-FILED 2013 DEC 17 1:43 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleAGCR012346 STATE VS TYREL LYNN BROUCHOUSType: OTHER ORDER

So Ordered


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2RCR01


STATE OF IOWA,

PLAINTIFF,

vs.

TYREL LYNN BROUCHOUS ,

DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial

conference.

IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00

a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014

at 11:30 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.


SAC COUNTY ATTORNEY


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Case Number Case TitleAGCR012346 STATE VS TYREL LYNN BROUCHOUSType: OTHER ORDER

So Ordered



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State v Tyrel Lynn Brouchous - Agcr012346