fe cr 012211

In the Iowa District Court in and for SAC County

Case No: 02811 FECR012211 Title: STATE VS ANDREW LEE THOMAS JR (J/SREST)

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 APR 30 1:45 PM SAC - CLERK OF DISTRICT COURT

We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

/s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

E-FILED 2013 APR 30 1:45 PM SAC - CLERK OF DISTRICT COURT

Recipient ListCase ID : 02811 FECR012211 - STATE VS ANDREW LEE THOMAS JR

(J/S REST)Event Cd : NOOT

SARAH LIVINGSTON SMITH filedBENJAMIN JOHN SMITH filedBENJAMIN JOHN SMITH filed

E-FILED 2013 APR 30 1:45 PM SAC - CLERK OF DISTRICT COURT

In the Iowa District Court in and for SAC County

Case No: 02811 FECR012211 Title: STATE VS ANDREW LEE THOMAS JR (J/SREST)

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 APR 30 1:45 PM SAC - CLERK OF DISTRICT COURT

We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

/s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

E-FILED 2013 APR 30 1:45 PM SAC - CLERK OF DISTRICT COURT

Recipient ListCase ID : 02811 FECR012211 - STATE VS ANDREW LEE THOMAS JR

(J/S REST)Event Cd : NOOT

SARAH LIVINGSTON SMITH filedBENJAMIN JOHN SMITH filedBENJAMIN JOHN SMITH filed

E-FILED 2013 APR 30 1:45 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 1:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 1:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 1:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 1:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 21 2:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ANDREW LEE THOMAS, JR.,

Defendant.

Case No. FECR012211

ORDER NUNC PRO TUNC

This matter was raised by the Court, which, upon reviewing the record and being

advised in the premises, FINDS that the amount of restitution should not have

included the $155.44 in cash found in victim Bill Auen’s wallet, which was seized

from defendant’s apartment prior to defendant’s arrest. Said amount ($155.44) was

inadvertently included as part of the restitution defendant was ordered to pay. On

July 23, 13, the Sac City Police Department returned the ($155.44) to victim Bill

Auen.

IT IS THEREFORE ORDERED that the following language shall be added to the

aforementioned order: “IT IS FURTHER ORDERED that amount of restitution for

which defendant is joint and severally liable shall be reduced by $155.44 (see

attached receipt).”

IT IS FURTHER ORDERED that in all other respects, the dispositional order

entered herein on March 13, 2013, shall remain in full force and effect.

E-FILED 2013 JUL 30 10:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012211 STATE VS ANDREW LEE THOMAS JR (J/S REST)

So Ordered

Electronically signed on 2013-07-30 10:53:15 page 2 of 2

E-FILED 2013 JUL 30 10:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

v.

ANDREW LEE THOMAS, JR. Defendant.

CASE No. FECR012211

STATE’S APPLICATION TO REVOKE DEFERRED JUDGMENT AND IMPOSE SENTENCE

COMES NOW the State of Iowa and for its Application to Revoke Defendant’s Deferred Judgment and Impose Sentence states the following:

1. On or about March 26, 2013, defendant pleaded guilty to theft in thesecond degree, but received a deferred judgment and was placed on probation for two years.

2. On February 11, 2014, defendant was charged with disturbing the peace –Clay County Case No. SPSMSM011207.

3. The defendant has not complied with his plan of payment for court-ordered victim restitution.

WHEREFORE, the State respectfully requests the Court set a hearing on this Application and revoke Defendant’s probation / deferred judgment and, after the State establishes Defendant’s violations by a preponderance of the evidence, impose sentence pursuant to Iowa Rule of Criminal Procedure 2.24(3)(d).

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org

E-FILED 2014 FEB 27 12:28 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ANDREW LEE THOMAS JR , Defendant.

02811 FECR012211

Order Setting Initial AppearanceOn Probation Violation

IT IS HEREBY ORERED that an initial appearance on the State's Application for ProbationRevocation will be held as follows: Initial Appearance is scheduled on 03/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa. This order and a copy of the Application for Revocation of Probation shall be served on the defendantin the manner of an original notice.

1 of 2

E-FILED 2014 FEB 27 1:57 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012211 STATE VS ANDREW LEE THOMAS JR (J/S REST)Type: ORDER SETTING INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-27 13:57:01

2 of 2

E-FILED 2014 FEB 27 1:57 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 27 3:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 27 3:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 27 3:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 27 3:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 27 3:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 03 4:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 03 4:23 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

______________________________________________________________________________

STATE OF IOWA, )

Plaintiff, ) Nos. FECR012211

vs. )

ORDER

ANDREW LEE THOMAS, JR., )

Defendant. )

___________________________________________________________________________

NOW, on the date indicated below, the Court, having reviewed the Motion to Withdraw,

finds the Motion should be and hereby is, granted.

IT IS, THEREFORE, ORDERED that Sarah L. Smith is permitted to withdraw in the

above-referenced matter and shall have no further responsibility in this case.

Copy to: Andrew Lee Thomas, Jr.

E-FILED 2014 MAR 04 9:11 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER APPROVING WITHDRAWAL OF COUNSEL

Case Number Case TitleFECR012211 STATE VS ANDREW LEE THOMAS JR (J/S REST)

So Ordered

Electronically signed on 2014-03-04 09:11:55 page 2 of 2

E-FILED 2014 MAR 04 9:11 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 05 3:03 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR Sac

DISTRICT COUrt I Or IOWA SAC COUNTY

FILED

20hHftR 19 AMI!'. 23 COUNTY

STATE OF IOWA or

vs.

PlamtififTPetitioner,

Defendant/Respondent.

Criminal Civil

No. fECjU)[>H FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

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

Name: fyrlfkO " T f u n ^ S BirthPate: / - I I ' 6 ? 7 /

Home Phone: Cell Phone: 7/-? ' J . 2 (o~ L l lU5 E-mail:

Street Address: "7 / ~~j (J("~>~f~ J n J i j f-Street/P.O. Box ~ Apt* City J State Zip State

. In Jail? • Yes SJ)No

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

Pending charges:

Who do you work for? / i^MfQi t tJ f\ tgl \AJ^-C^

How much money do you cunrendy 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? U'Atlpf t>cOQ 0

How many family members are supported by or live with you? t)

If a spouse lives with you, how much money does your spouse make? () per • hour • month • year

List all other l jther money you^or anyone else living in your household, has coming in: p i vJ- ( < \^ f \ ' l ( \ t . \ \ (J \ r V\o yyi \ a ( q . S O K , ̂ J ls\ r.-.lf~ ~rl) ) I T l W U

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or _ything else worm more than $100: <g?(ffgg O Pprcv I'V), Hy <20C) / ,n / V v ^ f " ( f W> j~

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

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 trne and that I am unable to pay for an attorney to represent me.

Date Signature

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ANDREW LEE THOMAS JR , DEFENDANT.

02811 FECR012211

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.

1 of 2

E-FILED 2014 MAR 19 11:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012211 STATE VS ANDREW LEE THOMAS JR (J/S REST)Type: ORDER APPOINTING

So Ordered

Electronically signed on 2014-03-19 11:37:15

2 of 2

E-FILED 2014 MAR 19 11:36 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ANDREW LEE THOMAS JR , Defendant.

02811 FECR012211

APPEARANCE ORDER

The defendant appears in person. Probation Revocation Hearing is scheduled on 04/16/2014 at 10:30 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. Hearing is scheduled in courtroom 1A. Court-Appointed Counsel:Based upon the defendant's financial circumstances, the court finds that the defendant has income ator below 125% of the guidelines, not appointing would cause financial hardship. Attorney Peter Goldsmith is appointed to represent the defendant. Conditions of Release:The defendant is released without bond.

1 of 2

E-FILED 2014 MAR 19 11:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012211 STATE VS ANDREW LEE THOMAS JR (J/S REST)Type: OTHER ORDER

So Ordered

Electronically signed on 2014-03-19 11:40:12

2 of 2

E-FILED 2014 MAR 19 11:39 AM SAC - CLERK OF DISTRICT COURT