FECR012701 - Ida Grove Man Pleads Guilty To Burglary in The 3rd Degree PDF

E-FILED 2014 NOV 21 8:37 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 NOV 21 1:20 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR
SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2014-12857
Filed with Court Clerk (cc: CA)
Arrest Date: 11/21/2014
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
TINGLE
JAMES
ANTHONEY
Suffix
Address
City
State
Zip Code
507 ELM STREET
IDA GROVE
IA
51445
Date of Birth
Gender
Race
Ethnicity
2/21/1991
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
State
Height
Weight
Eye Color
Hair Color
IA
6' 00"
205 LBS
BLUE - BLU
BLONDE OR STRAWBERRY - BLN
OFFENSE
State Local
Code Section
Crime Description
Class
714.2(2)
THEFT 2ND DEGREE
FELD
Location Type
28 - FARM BUILDING
Literal Description
GARD AVE AND STATE 175/330TH ST

Address
City
State
1821 330TH STREET
ODEBOLT
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
11/21/2014
Upper Date Range
Incident Time or Low Range
Zip Code
51458
Upper Time Range
00:22
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
take possession or control of the property of another; the property having a value in excess of $1,000 but not exceeding $10,000, with the intent to
deprive the other thereof
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On November 21, 2014 at approximately 12:22AM there was a burglary at 1821 330th Street. The vehicle was then located and stopped. While doing
an inventory of the vehicle, there were tools found in the vehicle. The amount for the tool was greater than $1,000 but less than $10,000.
ERSKINE, KRISTAN
Signature of Complainant or Officer, Officer Name & Number
Printed At
SAC COUNTY SHERIFF'S OFFICE
11/21/2014
1:27 PM
Page 1
of 2
Form #:
2014-12857
81-8
GENERAL PROBABLE CAUSE
Defendant Implicated
09 - NEAR SCENE OF CRIME, 03 - ADMISSION/STATEMENTS
Operating Motor Vehicle in County
STATE OF IOWA,
Other Physical Evidence
Attempted To Inflict Injury
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
KEN MCCLURE
Commission Number
727876
My Commission Expires
04/12/2016
11/21/2014
Signature of Verifying Party
Peace Officer
11/21/2014
1:27 PM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
2014-12857

IN THE IOWA DISTRICT COURT IN AND FOR
SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2014-12857
Filed with Court Clerk (cc: CA)
Arrest Date: 11/21/2014
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
TINGLE
JAMES
ANTHONEY
Suffix
Address
City
State
Zip Code
507 ELM STREET
IDA GROVE
IA
51445
Date of Birth
Gender
Race
Ethnicity
2/21/1991
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
State
Height
Weight
Eye Color
Hair Color
IA
6' 00"
205 LBS
BLUE - BLU
BLONDE OR STRAWBERRY - BLN
OFFENSE
State Local
Code Section
Crime Description
Class
713.7
POSSESSION OF BURGLARS TOOLS
AGMS
Location Type
28 - FARM BUILDING
Literal Description
GARD AVE AND STATE 175/330TH ST

Address
City
State
1821 330TH STREET
ODEBOLT
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
11/21/2014
Upper Date Range
Incident Time or Low Range
Zip Code
51458
Upper Time Range
00:22
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
possess burglar tools or any key, tool, instrument, device or explosive, with the intent to use the same in the perpetration of a burglary
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On November 21, 2014 at approximately 12:22AM there was a burglary at 1821 330th Street. The vehicle was then located and stopped. While doing
an inventory of the vehicle, there were tools found in the vehicle. The amount for the tool was greater than $1,000 but less than $10,000. CH and WE
stated that JT was with them while they burglarized the farm building.
ERSKINE, KRISTAN
Signature of Complainant or Officer, Officer Name & Number
Printed At
11/21/2014
1:37 PM
Page 1
of 2
Form #:
2014-12857
81-8
GENERAL PROBABLE CAUSE
Defendant Implicated
09 - NEAR SCENE OF CRIME, 03 - ADMISSION/STATEMENTS
Operating Motor Vehicle in County
STATE OF IOWA,
Other Physical Evidence
Attempted To Inflict Injury
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
KEN MCCLURE
Commission Number
727876
My Commission Expires
04/12/2016
11/21/2014
Signature of Verifying Party
Peace Officer
11/21/2014
1:37 PM
Page 2
of 2
Notary
Form #:
2014-12857
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 FECR012701
vs.
JAMES ANTHONEY TINGLE ,
Defendant.
INITIAL APPEARANCE
Charges:
01 - 713.6A(1) - BURGLARY 3RD DEGREE
THEFT IN THE SECOND DEGREE and POSSESSION OF BURGLARY TOOLS
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been 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 attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper 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 Two Class Ds
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
Up to five years in prison on the class Ds and up to two years in prison on the aggravated
misdemeanor Years Prison
And/Or $Fines of not less than 750 are greater than $7500 on the class D felonies and
not less than 625 or greater than $6250 on the aggravated misdemeanor
1 of 3
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.
5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
You must post a cash or surety bond in the amount of $12,000.
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. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information 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 hearing
is:
Waived
Preliminary Hearing is scheduled on 12/01/2014 at 10:30 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 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 AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.
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 Defendant
Defendant
Sac County Sheriff
2 of 3
State of Iowa Courts

Case Number
FECR012701
Type:
Case Title
STATE VS JAMES ANTHONY TINGLE
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-11-21 13:39:50
3 of 3
DISTRICT COUHi OF IOWA

SAC COUNTY
FILED
20m NOV 2 f PH 2-UQ

COUNTY
Sac
IN THE IOWA DISTRICT COURT FOR.
Civil
/ Criminal
STATE OF IOWA or
Plaintiff/Petitioner,
02^1ifCM!Z.'7^/
No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
vs.
Defendant/Respondent
3^
In support of my application for appointment of counsel and under penalty of perjury, the undersigned states:
Name: O S t V l C S
\:A < 4 C*
Home Phone:
Birth Date:
CellPhone:
l / t ~ Z < ? /
&
Z / - / < ^ 7 y
Xl^
Street Address:
J Pending charges: uU
State
Citv
Street/P.O. Box
/ V / f ? ^ S e t S - * - s? ^ / i n Jail? / Yes No
V'CA U"2f(A<
S
D o you have a job?
Zip
53 KJo Job >Q Y e s . Full Time

X
Yes, Part Time (List Hours/week:
EL
Who do you work for?

per
How much money do you currently make before taxes or deductions?
hour
month 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?
1 7.S
If a spouse lives with you, how much money does your spouse make?
per
/
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 S100: . \
_
t
J
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
U-'M ,/
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
Signature/fe^-^^-- ^---
^ f - i T ^ ^ ' ^ Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
02811 FECR012701
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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 Peter Goldsmith (712) 364-2421, a contract attorney, is appointed.
1 of 2

Case Number
FECR012701
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2
E-FILED 2014 DEC 01 9:47 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
CRIMINAL CAUSE NO. FECR012701
Plaintiff,
vs.
TRIAL INFORMATION
JAMES ANTHONEY TINIGLE
DOB: 02/21/1991
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, James Anthoney Tingle
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:
The said Defendant, James Anthoney Tingle on or about November 21, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree
upon the property of 1821 330th Street Odebolt Iowa.
COUNT II
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 Anthoney
Tingle 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(2) committed as follows:
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 $1,000 but not exceeding $10,000,
with the intent to deprive the other thereof.
COUNT III
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 Anthoney Tingle
of the crime of POSSESSION OF BURGLAR TOOLS, an Aggravated Misdemeanor in violation
of Iowa Code Section 713.7 committed as follows:
County of Sac and State of Iowa, did unlawfully and willfully possess burglar tools or any key,
tool, instrument, device or explosive, with the intent to use the same in the perpetration of a
burglary.
A TRUE INFORMATION
Sac County Attorney, Benjamin John Smith

Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: [email protected]
THE STATE OF IOWA vs. JAMES ANTHONEY TINGLE

Criminal No. FECR012701
COUNT I: Burglary in the Third Degree
COUNT II: Theft in the Second Degree
COUNT III: Possession of Burglar Tools
NAMES OF WITNESSES:
KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
ROBERT MCMILLEN, DEPUTY, IDA COUNTY SHERIFFS DEPARTMENT
LEVI THIES, OCCUPATION UNKNOWN
BRYAN RIEDELL, OCCUPATION UNKNOWN
CONNOR JAMES HEMER, CO-DEFENDANT, OCCUPATION UNKNOWN
WESLEY ARCHIE EUCHNER, CO-DEFENDANT, OCCUPATION UNKNOWN

Type:
Approval of Trial Information
Case Number
FECR012701
Case Title
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
page 4 of 4
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
Defendant.
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 is
scheduled on 12/17/2014 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
Case Number
FECR012701
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
Case No. FECR012701
Plaintiff,
vs.
ORDER
JAMES ANTHONY TINGLE,
Defendant.
NOW, on this 1st day of December, 2014, the court is informed that the parties
have reached an agreement to release the Defendant on his own recognizance.
IT IS THEREFORE ORDERED that pending trial, Defendant is released on his
own recognizance.
Clerk to furnish copies to:
Sac County Attorney
Defense Counsel

Type:
OTHER ORDER
Case Number
FECR012701
Case Title
So Ordered
page 2 of 2
E-FILED 2014 DEC 15 2:10 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
vs.

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on December 15, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 01/27/2015 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

Case Number
FECR012701
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2015 JAN 22 7:19 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
Case No. FECR012701

REPORT OF PRETRIAL
CONFERENCE
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Peter Goldsmith. The parties, through
the undersigned, represent the following to the Court:
1.
A plea agreement has been reached the terms of which are as
follows: The defendant has agreed to plead guilty to Count 1 (Third Degree
Burglary, Class D Felony) of the Trial Information, pay any restitution, and
testify truthfully against his co-conspirators. In consideration, the State has
agreed to do the following: dismiss Counts 1 and 2 of the Trial Information
without prejudice and recommend that defendant receive a suspended prison
sentence and be placed on probation through the Iowa, and recommend that
defendant be ordered to pay the minimum fine.
2.
Defendant intends to enter a guilty plea in court.
Defendant
intends to waive time between plea and sentencing. Defendants counsel plans
to request a pre-plea PSI. Further, the parties request that the Court schedule a
combined plea and sentencing hearing for March 4, 2015, to accommodate the
parties schedules and allow time for the completion of the PSI, if the court is so
inclined to grant defendants request for the same.
__________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
STATE OF IOWA,
Plaintiff,
02811 FECR012701
vs.
ORDER SETTING
GUILTY PLEA
Defendant.
Upon request of the parties, a hearing to accept a guilty plea shall be set, therefore, a Plea Hearing is
scheduled on 02/04/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
1 of 2

Case Number
FECR012701
Type:
Case Title
ORDER TO ACCEPT PLEA
So Ordered
2 of 2
E-FILED 2015 JAN 23 1:46 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
*
PLAINTIFF,
*
CRIMINAL NO. FECR012701
*
vs.
*
*
ORDER REQUIRING PRE-PLEA
JAMES ANTHONEY TINGLE
*
PRELIMINARY SENTENCE
DEFENDANT.
*
INVESTIGATION
***************************************************
Before the Court is the Defendants motion for a pre-plea preliminary sentence
investigation. The Court finds that the motion should be approved.

THEREFORE IT IS ORDERED that the Department of Corrections shall prepare a
pre-plea PSI for the Defendant. Defendant is ordered to cooperate with the investigation. The
Defendant is currently at the Ida County jail, telephone number 712-364-3146.
E-FILED 2015 JAN 23 1:46 PM SAC - CLERK OF DISTRICT COURT

Type:
OTHER ORDER
Case Number
FECR012701
Case Title
So Ordered
page 2 of 2
Date: 1/28/2015
State of Iowa
Plaintiff
FECR012701
No.
vs.
JAMES ANTHONY TINGLE

Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING
COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for

expanded media coverage as aforesaid.
Signature__/S/ Jesse Helling_______________________

Date___1/28/2015_____________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
2RCR15
STATE OF IOWA,
PLAINTIFF,
Case No. 02811 FECR012701
vs.
ORDER
DEFENDANT.
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 February 9, 2015. If any objection is filed on or
before February 9, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 9, 2015, 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 A GOLDSMITH
MEDIA COORDINATOR
JAMES ANTHONEY TINGLE
1 of 2

Case Number
FECR012701
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 JAN 29 2:17 PM S A C - C L E R K OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR S A C COUNTY

STATE OF IOWA,
V
2C
ro
Case No. FECR012701
-o
rs.
MOTION TO RESCHEDULE PLEA

AND SENTENCING HEARINGS
Plaintiff,
v.
Defendant.
COMES NOW the State of lowa, by the Sac County Attorney, Ben Smith,
and states the following in support of its motion: The DOC Officer charged with
preparing Defendant's PSI report has asked for additional time to complete said
report.
W H E R E F O R E , the State of lowa respectfully requests that this Court
enter an order rescheduling the plea and sentencing hearing to March 4, 2015.
Benjamin John Smith

Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 FECR012701
ORDER OF CONTINUANCE

Defendant / Respondent.
The County Attorney has filed a Motion to Reschedule Plea and Sentencing Hearing to allow
additional time for the Department of Correctional Services to complete the pre-sentence
investigation. The Motion should be granted.
This matter is continued, Sentencing Hearing is scheduled on 03/04/2015 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

Case Number
FECR012701
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
E-FILED 2015 FEB 03 1:41 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 FEB 03 1:41 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 FEB 04 11:50 AM SAC - CLERK OF DISTRICT COURT

JAMES TINGLE
*
Defendant,
*
CRIMINAL NO. FECR012701
*
vs.
*
*
ORDER TO TRANSPORT
STATE OF IOWA
*
DEFENDANT FOR HEARING
Respondent.
*
***************************************************
Before the Court is the Defendants motion requesting that he be transported to the
courthouse for the March 4 sentencing hearing in this case. The Court finds the motion should be
granted.
WHEREFORE IT IS ORDERED that the Sac County Sheriff is ordered to transport the
Defendant from the Ida County jail to the Sac County courthouse by 10:30 a.m. on March 4, 2015.
IT IS FURTHER ORDERED that the Sheriff shall return the Defendant to the Ida County
courthouse after the hearing in this case.
E-FILED 2015 FEB 04 11:50 AM SAC - CLERK OF DISTRICT COURT

Type:
ORDER FOR TRANSPORTATION
Case Number
FECR012701
Case Title
So Ordered
page 2 of 2
E-FILED 2015 MAR 04 11:49 AM SAC - CLERK OF DISTRICT COURT
2RCR04
STATE OF IOWA,
Case No. 02811 FECR012701
Plaintiff,
vs.
JAMES A TINGLE
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: Peter Goldsmith
Other: Defendant
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: Sentencing
2. The date(s) on which the proceeding occurred: March 4, 2015
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
E-FILED 2015 MAR 04 11:49 AM SAC - CLERK OF DISTRICT COURT

Case Number
FECR012701
Type:
Case Title
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
E-FILED 2015 MAR 04 12:15 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
FECR012701 (Count I)
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER
Defendant.
DATE:
March 4, 2015
CHARGE:
Count I: Burglary in the Third Degree, a class D felony, in violation

of Iowa Code 713.1 and 713.6A
For all proceedings set forth below, Defendant appeared personally and with
counsel Peter Goldsmith.
Upon hearing in open court:
1.
Defendant entered Defendants plea of guilty.
The Court, after
compliance with IRCrP 2.8(2), accepted Defendant's plea of guilty to the abovedescribed charge.
2.
Defendant was advised and stated that Defendant understood the right to
file a Motion in Arrest of Judgment. Defendant waived the fifteen-day period for
sentencing and requested immediate sentencing.
3.
A hearing incidental to the imposition of judgment and sentence was held
on the above date. The Court fully complied with IRCrP 2.23 and all other laws
applicable to the sentencing portion of this criminal prosecution.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the above-described crime and
pursuant to Iowa Code Chapter 902.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay financial obligations as follows:
(1)
a fine in the sum of $750.00;
(2)
a 35% surcharge of $262.50;
(3)
court-appointed attorney fees as certified by Mr. Goldsmith
The Court has determined, by information presented by the
parties, that Defendant is unable to pay court-appointed
attorney fees;
(4)
a $125.00 law enforcement initiative surcharge pursuant to
Iowa Code Section 911.3;
(5)
(6)
restitution in an amount to be determined at a later time.

The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
the court costs of this action.
Defendant shall pay all financial obligations owed to the Clerk of

Court of this county or online at www.iowacourts.gov. All such
financial obligations shall be paid pursuant to a plan of payment
arranged through Defendants probation supervisor; and
b.
Defendant shall be committed to the Director of Adult Corrections

for a period not to exceed five (5) years. The sentence is
suspended and Defendant is placed on probation for a period of
three (3) years to the Department of Correctional Services (the
DCS) under the terms and conditions the DCS deems appropriate.
In addition to any terms the DCS imposes, the Court specifically
imposes all of the following terms of probation:
(1)
(2)
(3)
(4)
Defendant shall make personal contact with the DCS within

seven (7) days from the date of the filing of this Order to
sign the Probation Agreement;
Defendant shall obey all laws;
Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation; and
Defendant shall comply with all terms of this Order,
including paying all financial obligations and completing all
required tasks in a timely manner.
3.
The Court imposes this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendations of the parties and the circumstances of the case,
including the criminal history, age, employment, and other circumstances pertaining to
Defendant.
4.
6.
Pursuant to Iowa Code Section 901.5(8A) and Chapter 81,
Defendant is ordered to submit to DNA profiling.
5.
The Court publicly announced and/or hereby publicly announces that
Defendants term of incarceration may be reduced from the maximum sentence
because of statutory earned time, work credits, and program credits and that
Defendant may be eligible for parole before the sentence is discharged.
6.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
7.
Appeal Bond is set in the sum of $5,000.00, cash or surety.
8.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
9.
IT IS FURTHER ORDERED that Counts II and III of the Trial Information
are dismissed upon motion of the county attorney and pursuant to plea agreement.
Costs are taxed to the Defendant.
Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
Department of Correctional Services

Type:
OTHER ORDER
Case Number
FECR012701
Case Title
So Ordered
page 4 of 4

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E-FILED 2014 NOV 21 8:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 21 1:20 PM SAC - CLERK OF DISTRICT COURT

This Complaint and Affidavit is to be:

Agency Case Number: 2014-12857

Filed with Court Clerk (cc: CA)

Arrest Date: 11/21/2014

Submitted to County Attorney

THE STATE OF IOWA

507 ELM STREET

NOT OF HISPANIC ORIGIN - N

BLONDE OR STRAWBERRY - BLN

THEFT 2ND DEGREE

GARD AVE AND STATE 175/330TH ST

1821 330TH STREET

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

E-FILED 2014 NOV 21 1:20 PM SAC - CLERK OF DISTRICT COURT

09 - NEAR SCENE OF CRIME, 03 - ADMISSION/STATEMENTS

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2014 NOV 21 1:30 PM SAC - CLERK OF DISTRICT COURT

This Complaint and Affidavit is to be:

Agency Case Number: 2014-12857

Filed with Court Clerk (cc: CA)

Arrest Date: 11/21/2014

Submitted to County Attorney

THE STATE OF IOWA

507 ELM STREET

NOT OF HISPANIC ORIGIN - N

BLONDE OR STRAWBERRY - BLN

POSSESSION OF BURGLARS TOOLS

GARD AVE AND STATE 175/330TH ST

1821 330TH STREET

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

E-FILED 2014 NOV 21 1:30 PM SAC - CLERK OF DISTRICT COURT

09 - NEAR SCENE OF CRIME, 03 - ADMISSION/STATEMENTS

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2014 NOV 21 1:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 NOV 21 1:39 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 21 1:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-11-21 13:39:50