boone man accused of possession of stolen property

8/13/2019 Boone Man Accused of Possession of Stolen Property

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ComplaintE-FILED 2013 OCT 13 2:49P M S A C-C LERK OFDISTRICTCOURT

Item : 2013-01139S T A T E O FIOWA C O U N T Y O F S A C

STATEOF IOWAVs.Ch ipps ,A ndrew GregoryBefore (Judge,M agistrate).

CriminalC a s eNo.Defendant

Address 1003 M arsha l S tBoone, IA 50036

Dateof Birth 09-28-91

Complaint

Class CFelonyThe defendant isaccusedof the crime ofP ossessionOfS tolenProperty 1stDegree in violation of (Section 714.2(1) ref714.1 41of theCodeof lowa) or OrdinanceNo. of the City of , inthatthe defendant on the 28 day ofS eptember, 2013, at the 1400 mile 29 0 ,hS treet and 102 S M ain Street, Early, inS acCounty, did :

Exercise possessionand control over stolen propertywitha value inexcessof 10,000, knowing said property w as stolen(State acts or om iss ions constituting offense) Dated

AddressComplainant

StatutoryReference804.1Codeof lowaSTATE OFIOWA ,COUNTY OFS A C ,ss .I, the undersigned, being duly sworn and under oath, state thatthe following facts known by me ortoldto me by the otherreliable persons formmy beliefthatA ndrew G regoryChippsthe defendant committed the crime charged.On 09-28-13,a cons truction job site trailer was located in a farm field in the 1400 mile of 29 0thS treet,S ac County. Thetrailer was found to be s tolenfroma construction s ite in S tormLake. Storm LakePoliceinvestigated and subs equentlyarrested Andrew GChippsand another subject for thetheftof the trailer and contents. During the investigation it waslearnedthatthe contents of the trailer had been off-ioaded at 102 S M ain Street, Early prior to taking the trailer to thelocation on 29 0 th Street. A t a later time, some items were movedfrom102 S M ain Street, Early, to a res idence in Ogden,IA . Asearchwarrant was executed at 102 S M ain StreetEarly. Itemstakenfromthe trailer were located andseizedatthis location.

Subscribedand sw orn to before me by the saidthe / ? day of ( O d f n h - A J - . 20 / 3 .

Complainant, on^ Clerk or NotaryP ublicin the S tate of lowa

SANDRA MHUSTERPCommsson Number776 95. '. My Commission Expires -,.3rv 15 2016


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,v.ANDREW GREGORY CHIPPS ,

Defendant.

02811 FECR012433

ORDER

This matter comes before the court on the sheriff's request for the issuance of a warrant. It isORDERED that the clerk shall issue a warrant for the defendant's arrest on these charges and that nobond shall be allowed at this time.

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E-FILED 2013 OCT 14 10:13 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPS

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-10-14 10:12:54

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E-FILED 2013 OCT 25 4:20 PM SAC - CLERK OF DISTRICT COURT


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

vs.

ANDREW GREGORY CHIPPS , Defendant.

Case No: 02811 FECR012433

INITIAL APPEARANCE

Charges:01 - 714.2(1) - THEFT 1ST DEGREE - 1978 (FELC)Defendant was advised of the range of penalty on the simple misdemeanors. He pleads not guilty andthose charges shall be held pending disposition of the felony. If the defendant is released on bondthen the preliminary hearing is set for November 18, 2013 at at 10:00 a.m.

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 canand 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 C

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

10 Years Prison

And/Or $Not less than 1,000 nor more than 10,000 plus 35% surcharge and costs

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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:Defendant must post a cash or surety bond in the amount of $10,000. If released he shall obey alllaws of the state of Iowa and the United States.

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 hearing

is:

Waived

Preliminary Hearing is scheduled on 11/04/2013 at 10:00 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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Case Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN T H EI O W ADISTRICT C O U R TFOR_ Sac

DISTRICTCOURT OF IOWASAG.COUNTYFILED2013 OCT 28 AMlh25

C O U N T Y

S T A T E O FI O W AorPlaintiff/Petitioner,vs.

Defendant/Respondent.

Criminal CivilNo.

F I N A N C I A L A F F ID A V I T / A P P L I C A T I O NF O RA P P O I N T M E N TO F C O U N S E L

In support of my applicationforappointment of counsel, and under penalty of perjury, the undersigned statesName: A f l JL ^ , ? l E-mail:omePhone:StreetAddress: W 3Street/P.O.Box Apt CityPendingcharges:Do youhaveajob? >>^NoJob Yes,FullTime Yes,PartTime(ListHours/week:

State ZipInJail?J^Ves No

)Who do youworkfor?Howmuchmoneydo youcurrentlymakebeforetaxes or deductions? f\& \*~- per hour month yearHo wmuchmoney haveyoumadeinthe last12monthsfromany source,beforetaxes or deductions? i /i f C~

fHo wmanyfamilymembers are supportedbyorlivewithyou?Ifaspouseliveswithyou, howmuchmoney doesyourspouse make? per hour month yearListallother moneyyou,or anyone elselivinginyour household,hascomingin: / \C-/ I /

Listwhatyou ownincludingmoney inbanks cars trucks other vehicles land houses buildings cash or anythingelseworthmore than 100: (fSt:) Q..

Listamountsyou pa ymonthlyformortgages rent car loans credit cards child support or anyotherdebts: H fl

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit I promise under penalty of perjurythatthestatementsI make in this application aretrueandthatI am unable to payfo ran attorney to represent me.

. s/ j . }> /, . ;. ..,Date^ff J Oil Signature f*P-V\ t l ^ r . \ / / \ , : ' ~

1 iRev.1/6/12


10/20

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.ANDREW GREGORY CHIPPS ,

DEFENDANT.

02811 FECR012433

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 at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Scott Schleisman, 823 W Main St., PO Box 133, Lake City, IA 51449 (712) 210-0543, acontract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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Case Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,v.ANDREW GREGORY CHIPPS ,

Defendant.

02811 FECR012433

ORDER

The court has reviewed the application for reduction of bond and then re-examined the application forcourt appointed counsel which are patently inconsistent. In his application for counsel the defendantstated that he was unemployed and had earned no income in the past 12 months whereas in thismotion it is alleged that he has been working 12 hours per day, 7 days per week. Before the courtrules on the motion for bond reduction it will be necessary that the discrepancies be remedied if thatis possible. These inconsistencies make it difficult to believe that the defendant's allegations in hismotion are truthful.

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Case Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.ANDREW GREGORY CHIPPS,

DOB: 09-28-1991

Defendant.

CASE NO. FECR012433

TRIAL INFORMATION

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, ANDREW GREGORY CHIPPS (defendant) of the crime of THEFT -

POSSESSION OF STOLEN PROPERTY, a CLASS C FELONY in violation of

IOWA CODE SECTIONS 714.1, 714.2, and 714.2(1) committed as follows: On or

around September 29, 2013, in Sac County, Iowa, defendant exercised control

over stolen property, knowing such property to have been stolen, or having

reasonable cause to believe that such property had been stolen. The property at

issue exceeded $10,000 in value.

A TRUE INFORMATION

Benjamin John Smith - AT0008834

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

E-FILED 2013 NOV 01 2:03 PM SAC - CLERK OF DISTRICT COURT


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Type: Approval of Trial Information

Case Number Case Title

FECR012433 STATE VS ANDREW GREGORY CHIPPS

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 2013-11-01 14:04:09 page 2 of 2



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STATE OF IOWA,

Plaintiff,

v.

ANDREW GREGORY CHIPPS,

Defendant.

CASE NO. FECR012433

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

SCOTT BROUWER,

RAY EICKHOLT

BRIAN FLIKEID

CHRIS COLE

RANDY WEFLEN

RHONDA BOESENBERG

ADAM FIELDS

MICKEY BAILEY

STEVE TATE

BRUCE RAASCH

WAL-MART CUSTODIAN OF RECORDS



18/20


STATE OF IOWA,

Plaintiff,

v.

ANDREW GREGORY CHIPPS,

Defendant.

CASE NO. FECR01!""

ORDER SET ARRAIGN#ENT

AND $OND

T%e TRIA& INFOR#ATION and t%e #INUTES OF E'IDENCE in t%i( )atte*

%ave +een ea)ined and f-nd t- /-ntain (ffi/ient eviden/e, if nelained, t-

a**ant a /-nvi/ti-n in a t*ial +2 3*2, t%e*ef-*e, t%i( )atte* (%all +e (et f-*

A**ai4n)ent.

IT IS HERE$Y ORDERED, t%e defendant (%all e*(-nall2 aea* f-*Arraignment at t%e Sa/ C-nt2 C-*t%-(e, Di(t*i/t C-*t*--), 100 NW

State St*eet, Sa/ Cit2, I-a -n t%e 18thday of November 2013 at 9:00 a.m..

T%e Defendant i( HERE$Y NOTIFIED t%at fail*e t- aea* ill *e(lt in t%e

i((an/e -f an a**e(t a**ant.

IT IS FURTHER ORDERED, t%e Defendant5( +-nd and /-nditi-n( f-**elea(e f*-) /(t-d2 in t%i( )atte* (%all +e6

Defendant i( *elea(ed -n e*(-nal *e/-4ni7an/e -n %i( *-)i(e t-

aea* at all ft*e /-*t %ea*in4(.

And t%e defendant (%all -+e2 all Fede*al, State, and l-/al la(.



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012433 STATE VS ANDREW GREGORY CHIPPS

So Ordered

Electronically signed on 2013-11-01 14:04:10 page 2 of 2


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IN T H EI O W ADISTRICTC O U R TF O R Sac

OlSTRiCT COURT OF IOWASACCOUNTYFILED2013NOV- PM U: IU

C O U N T Y

S T A T EO FI O W AorPlaintiflTPetitioner,

Defendant/Respondent.

Criminal CivilNo. .3i33^ n I F TN A N C I A L A F F I D A V I T / A P P L I C A T I O NF O R A P P O I N T M E N TO FC O U N S E L

In supporto fmyapplicationfo rappointmentofcounsel,and under penalty of perjury, the undersignedstates:Name: A ^ V P * ^ O ^ i t ^ V C - H f f i S BirthDate:_

CellPhone:omePhone: 5,5 - f r O - 7>Street Address: \Qdb H\^SH\ ST f h ^ ^ t :~ - ' Apt# Cfty

E-mail: AJ\Street/P.O.Box

Pendingcharges:State Zip

In Jail? D Y es Noo youhave ajob? N o Job SfY es,FullTime Yes,PartTime (L istHours/week:

Who do youwork for? iji;g~der7 ^i > o S^ t-^ A cf ^How muchmoneydo youcurrently makebeforetaxes or deductions? per Efhour month yearHowmuchmoney haveyoumadeinthe last12monthsfromanysource, beforetaxes ordeductions? 6 -C^OO 3If aspouselives with you, howmuchmoney does your spouse make? per BT^hour 0 month QfyearLis tal lother moneyyou,or anyone elselivinginyourhousehold, hascomingin : j ^ J o t ^ i - -

Listwhatyou ownincludingmoney inbanks cars trucks,other vehicles land houses,buildings cash or anythingelseworth more than 100: Rff7 (Iti&vf ShnMbo.

Lis tamountsyou paymonthlyformortgages, rent, car loans, credit cards,childsupport, or any other debts:yUr Uz^/A,, .3

Iunderstand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancialaffidavit I promise under penalty of perjurythatthestatementsI make in this application aretrueandthatI am unable to payfo ran attorney to represent me.

boone man accused of possession of stolen property

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