E-FILED 2013 SEP 29 6:31 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 29 6:31 AM SAC - CLERK OF DISTRICT COURT

FILED

2013SFP3Q RHM--0U
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, Sac V f\ Criminal COUNTY

Civil

NO. RrCb)?vi& Itfidlc-f

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

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Lynn

d/nt/Respond ident. Defenda

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: G~l V ^ / y Ifjf j ^ j 0 $-1) If BirthDate: E-mail: A 5~ O 5" & J State Zip In Jail? Yes No )

Home Phone: _ Street Address: Pending charges: Do you have a job? MO

Cell Phone: 7 a ^ / 0 - 3 6 /\/ l ^ U Street/P.O. Box Iclfa/ 5a 3*

C G>/ Apt#/ City

\5u\A<^ No Job

u2^efTFull Time (/ ?

Yes, Part Time (List Hours/week:

Who do you work for?

/?i c/f>"

Q Oil S t f H Cf i 0 n

How much money do you currently make before taxes or deductions?^ JlOQ. OO per hour (ZKrnmufTrj year 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? O per hour month year }^ O Yl 0 0 0. Q /

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:

List what you own including money in banks, cars, trucks, other vehicles, land, housesJt>uildings, cash, or anything else worth more than $100: Y ) C t ^ U p S W O> W~ k / , OOP. C C J

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

fjt>vt 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.

Rev. 1/6/12

FILED
IN THE IOWA DISTRICT COURT F O R SAC COUNTY M A G I S T R A T E DIVISION STATEOFIOWA Plaintiff vs. INITIAL A P P E A R A N C E M A G I S T R A T E NO

2013SEP 30 AMU: W

Defendant

On this day of O ^ f ^ t - n r y ^ - J * 20J^ the Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime of B f t / y v g L ^ L U / (^t-> ^ M x - C ^ t f a f ^ being a violation of Section 1 [ 1 . t ~ f c oYeCode of Iowa. r Iowa, The Court ad-vises 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 Inm/her in a Court of law. That he/she has the right to have an attorney present at all stages ofthe proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. , which is-classified as:

2. That he/she is charged with a violation of Section f . Felony-Class Q Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty of conviction ofthe above charge is: One Year County JaH Years Prison ___ And/Or $> 1$Q Fine A I ^ C t i ^ % S[ C \ C<jU 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 (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. Ifyou willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (b) K (If appropriate) Upon consideration of the factors in Section 811-2, the Court is not reasonably assured that you win appear at all court proceedings in the: future and therefore the Court imposes the foHowing conditions op your release: U n i M U i f PftJr* rt

5.

6. Defendant is^fenfttled to'apTeliniiifaryn earmg^uifless waived, which hearing is held to determine whether sxrfBcient 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 Mm/her, or a Trial Information may he filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a prelimmary hearmg and prelm Waived _^ s\ t VI Setforthe day of Q O ( V W J ,20<5Ut W . Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

ft

A M . in the , I f e l& l/D 6A faJU

ikffrl (, uA^jj ft ib - n-i3<3>/o;oU* If a preaminary 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 A T HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (Ifyou are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

NVarren L . Bush/Joseph J. Heidenreich, Judicial Magistrate

Copies to: County Attorney Defendant Sac County Sheriff

SAC COUNTY JUDICIAL MAGISTRATE COURT WARREN L. BUSH, JUDICIAL MAGISTRATE SAC CITY, IOWA 50583 (712) 662-7791 BOND AGREEMENT (PLEASE PRINT), have been charged with the
crime

7/ 3-6 A

and promise to appear in the Sac County Magistrate^Court j dayof Q c , - \ 2013, AT 8 ^ f f A M (CHECK #1 OR #,2 ^of> 1. My appearance bond has been set at Tif-^- and I agree to post all of such bond or 10% as allowed in order to secure my release.
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2. I have been released on my own recognizance pending my appearance at Magistrate Court. j / ^ J I understand I have the right to be represented by an attorney. If I cannot afford one, one will be appointed for me upon application. understand there are severe penalties for failing to honor this agreement. v C?_/y * understand my failure to appear at the designated date will cause this agreement to become null and void and a warrant for my arrest will be issued by the Judicial Magistrate.

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Bond posted by: Address: Amount:

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D a t e d : V ^ A - V?

The party who posted the bond agrees that any fines, surcharges, costs, restitution and other amounts owed may be paid therefrom upon disposition. That party further agrees that, if any sums remain, it may be used for repayment of accrued or accruinsjoom and butuU UidlRe^ dUi ink incarceration

ture of Person Posting Bond (Surety) Received by: Jailer

Clerk of Court/Designee

E-FILED 2013 SEP 30 11:29 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. GARY MOELLER , DEFENDANT. 02811 FECR012425 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 is not eligible for court-appointed counsel. Application denied.

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E-FILED 2013 SEP 30 11:29 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012425 Type: Case Title STATE VS GARY LYNN MOELLER ORDER APPOINTING So Ordered

Electronically signed on 2013-09-30 11:28:09

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. GARY LYNN MOELLER, DOB 07-15-1964 Defendant. TRIAL INFORMATION Case No. FECR012425

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, GARY LYNN MOELLER (defendant) of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa Code sections 713.1 and 713.6A, committed as follows: On or about September 29, 2013, the defendant broke into the residence located at 806 High Street, Lake View, Iowa, which was / is an occupied structure as defined by Iowa law. The defendant did not have permission or authority to break into the residence. The defendant broke into the residence with the specific intent to commit a felony and / or theft.

/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 OCT 04 3:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012425 Approval of Trial Information Case Title STATE VS GARY LYNN MOELLER

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 2013-10-04 15:37:24

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E-FILED 2013 OCT 04 3:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. FECR012425 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. GARY LYNN MOELLER, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 21st day of October 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release previously set shall continue as ordered.

State of Iowa Courts Type: Case Number FECR012425 ORDER FOR ARRAIGNMENT Case Title STATE VS GARY LYNN MOELLER So Ordered

Electronically signed on 2013-10-04 15:37:24

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E-FILED 2013 OCT 09 12:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, Plaintiff, Case No. FECR012425 v. GARY MOELLER, Defendant. NOTICE OF APPEARANCE

COMES NOW, Attorney Robert E. Peterson and hereby enters his appearance in the above captioned matter, on behalf of the Defendant, Gary Moeller. Respectively Submitted, ______/s/ Robert Peterson_______ Robert E. Peterson AT0009773 Robert E. Peterson, Attorney at Law 108 West 8th St. PO Box 1144 Carroll, IA 51401 Telephone: 712-792-4485 Facsimile: 712-792-4124 Email: RobertPetersonLaw@gmail.com ATTORNEY FOR DEFENDANT

E-FILED 2013 OCT 09 8:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. GARY LYNN MOELLER, Defendant.

Criminal No. FECR012425

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 a, P.O. Box 1144, Carroll, IA 51401, 712-792-4485. 2. My current mailing and residence addresses and telephone number are: IA 50583 r7 -3o (t,

110 N 12 th , Sac City,

3.

I am 49 years old. I can read and understand the English language and have completed the following level of education: 5

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 further 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 Third Degree in violation of Iowa Code section(s) 713.6A (2013). I have read it, and I have familiarized myself with its contents. With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"): [\)6 a. The name shown on the indictment/trial information is my true name. I have been advised and understand that I am now precluded 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 . I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had

6.

E-FILED 2013 OCT 09 8:12 PM SAC - CLERK OF DISTRICT COURT

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. 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. I plead NOT GUILTY to the charge(s) of Burglary Third Degree

8.

9.

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"]: [ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b). pe4 b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b). 11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be available for trial on the following days:

State of Iowa Carroll County, ss. Subscribed, sworn to, and acknowledged before me by Gary Moeller this , 20(5 . CDC7(

day of

Notary public mother officer authorized to take and certify acknowledgements and administer oaths. [seal]
ROBERT E. PETERSON Commission Number 758404 MY COMMISSION EXPAES MAY 21 ,2

E-FILED 2013 OCT 16 10:45 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. GARY MOELLER , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 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 Robert E. Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/25/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 FECR012425

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON

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E-FILED 2013 OCT 16 10:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012425 Type: Case Title STATE VS GARY LYNN MOELLER ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-16 10:45:21

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E-FILED 2013 OCT 16 10:45 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. GARY MOELLER , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 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 Robert E. Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/25/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 FECR012425

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON

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E-FILED 2013 OCT 16 10:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012425 Type: Case Title STATE VS GARY LYNN MOELLER ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-16 10:45:21

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E-FILED 2013 OCT 18 9:22 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. GARY MOELLER, Defendant.

) ) ) ) ) ) )

Case No. FECR012425

ORDER FOR BOND CORRECTION

NOW, the Court having reviewed the Court file, the Order for Initial Appearance, and the bond posted in this case FINDS that the bond ordered in this case was cash or surety bond in the amount of $5000 and that the bond mistakenly posted by Liederman Bonds was $7500. IT IS THEREFORE ORDERED that the excess bond amount be returned to Liederman Bonds and that Liederman adjust its fees to the Defendant.

E-FILED 2013 OCT 18 9:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012425 OTHER ORDER Case Title STATE VS GARY LYNN MOELLER So Ordered

Electronically signed on 2013-10-18 09:22:28

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