state vs andrew gregory chipps - fecr012433

8/13/2019 State vs Andrew Gregory Chipps - Fecr012433

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Complaint

E-FILED 2013 OCT 13 2:49 P M S A C - CLERK OF DISTRICT COURT

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

STATE OF IOWAVs.

Chipps , A ndrew Gregory

Before (Judge, M agistrate).

Criminal C a s e No.Defendant

Address 1003 M arshal S t

Boone, IA 50036

Date of Birth 09-28-91

Complaint

Class C Felony

The defendant is accused of the crime of P ossession Of S tolen Property 1st Degree in violation of (Section 714.2(1) ref

714.1 41 of the Code of lowa) or Ordinance No. of the City of , in that the defendant on the 28 day of

S eptember, 2013, at the 1400 mile 29 0,h S treet and 102 S M ain Street, Early, in S ac County, did :

Exercise possession and control over stolen property with a value in excess of 10,000, knowing said property w as stolen

(State acts or om iss ions constituting offense) Dated

Address

Complainant

Statutory Reference 804.1 Code of lowa

STATE OF IOWA ,COUNTY OF S A C , ss .

I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other

reliable persons form my belief that A ndrew G regory Chipps the 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 0th S treet, S ac County. Thetrailer was found to be s tolen from a construction s ite in S torm Lake. Storm Lake Police investigated and subs equentlyarrested Andrew G Chipps and another subject for the theft of the trailer and contents. During the investigation it waslearned that the contents of the trailer had been off-ioaded at 102 S M ain Street, Early prior to taking the trailer to thelocation on 29 0th Street. A t a later time, some items were moved from 102 S M ain Street, Early, to a res idence in Ogden,I A . A search warrant was executed at 102 S M ain Street Early. Items taken from the trailer were located and seized atthis location.

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

Com plainant, on

^ Clerk or Notary P ublic in the S tate of lowa

SANDRA M HUSTERP Commsson Number 776 95

. '. My Commission Expires -,.3rv 15 2016


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE 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 COUNTY STATE 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 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 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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State of Iowa CourtsCase Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN T H E I O WA DISTRICT C O U RT FOR_ Sac

DISTRICT COURT OF IOWASAG. COUNTY

FILED

2013 OCT 28 AM lh 25C O U N T Y

S TATE O F I O WA orPlaintiff/Petitioner,

vs.

Defendant/Respondent.

Criminal Civil

No.

F I N A N C I A L A F F ID AV I T / A P P L I C AT I O NF O R A P P O I N T M E N T O F C O U N S E L

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

Name: A f l JL ^ , ? l E-mail:ome Phone:

Street Address: W 3Street/P.O. Box Apt City

Pending charges:

Do you have a job? > >^NoJob Yes, Full Time Yes, Part Time (List Hours/week:

State Zip

In Jail? J^Ves No

)

Who do you work for?

How much money do you currently make before taxes or deductions? f\& \*~- per hour month year

Ho w much money have you made in the last 12 months from any source, before taxes or deductions? i / i f C~

f Ho w many family members are supported by or live with you?

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

List a ll other money you, or anyone else living in your household, has coming in: / \ C- / I /

List what you own including money in banks cars trucks other vehicles land houses buildings cash or anythingelse worth more than 100: (fSt:) Q..

List amounts you pay monthly for mortgages rent car loans credit cards child support or any other debts: 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 affi davit I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay fo r an attorney to represent me.

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

1 i

Rev. 1/6/12


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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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State of Iowa CourtsCase Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE 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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State of Iowa CourtsCase 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, accusesdefendant, ANDREW GREGORY CHIPPS (defendant) of the crime of THEFT -POSSESSION OF STOLEN PROPERTY, a CLASS C FELONY in violation ofIOWA CODE SECTIONS 714.1, 714.2, and 714.2(1) committed as follows: On oraround September 29, 2013, in Sac County, Iowa, defendant exercised controlover stolen property, knowing such property to have been stolen, or havingreasonable cause to believe that such property had been stolen. The property atissue 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


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 TRIALINFORMATION: 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



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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 e a)ined and f- nd t- /-ntain ( ffi/ient eviden/e, if ne lained, 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$Y ORDERED, t%e defendant (%all e*(-nall2 a ea* f-*Arraignment at t%e Sa/ C- nt2 C- *t%- (e, Di(t*i/t C- *t*--), 100 NWState St*eet, Sa/ Cit2, I- a -n t%e 18 th day of November 2013 at 9:00 a.m. .T%e Defendant i( HERE$Y NOTIFIED t%at fail *e t- a ea* ill *e( lt in t%ei(( 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-a ea* at all f t *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


So Ordered

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


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IN T H E I O WA DISTRICT C O U RT F O R Sac

OlSTRiCT COURT OF IOWASAC COUNTY

FILED

2013NOV- PM U: IUC OUNTY

STAT E O F I O WA orPlaintiflTPetitioner,


Criminal CivilNo. .3i 33

^ n I F TN A N C I A L A F F I D AV I T / A P P L I C AT I O NF O R A P P O I N T M E N T O F C O U N S E L

In support o f my application fo r appointment of counsel, and under penalty of perjury, the undersigned states:

Name: A ^ V P * O ^ i t ^ V C - H f f i S Birth Date: _

Cell Phone:ome Phone: 5,5 - f r O - 7>

Street Address: \Qdb H\^SH\ ST f h ^ ^ t :~ - ' Apt# Cfty

E-mail: AJ\

Street/P.O. Box

Pending charges:

State Zip

In Jail? D Y es No

o you have ajob? N o Job SfY es, Full Time Yes, Part Time (L ist Hours/week:

Who do you work for? iji;g~der7 ^i > o S^ t-^ A cf ^

How much money do you currently make before taxes or deductions? per Efhour month year

Ho w much money have you made in the last 12 months from any source, before taxes or deductions? 6 - C^OO 3

If a spouse lives with you, how much money does your spouse make? per BT^hour 0 month Qfyear

List al l other money you, or anyone else living in your household, has coming in : j ^ J o t ^ i - -

List what you own including money in banks cars trucks, other vehicles land houses, buildings cash or anythingelse worth more than 100: Rff7 (Iti&vf ShnMbo.

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

yUr Uz^/A,, .3

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 perjury that the statements I make in this application are trueand that I am unable to pay fo r an attorney to represent me.

Date I / I | O Signature

Rev. 1/6/12


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IN T H E I O WA DISTRICT C O U RT F O R Sac

OlSTRiCT COURT OF IOWASAC COUNTY

FILED

2013NOV- PM U: IUC OUNTY

STAT E O F I O WA orPlaintiflTPetitioner,


Criminal CivilNo. .3i 33

^ n I F TN A N C I A L A F F I D AV I T / A P P L I C AT I O NF O R A P P O I N T M E N T O F C O U N S E L

In support o f my application fo r appointment of counsel, and under penalty of perjury, the undersigned states:

Name: A ^ V P * O ^ i t ^ V C - H f f i S Birth Date: _

Cell Phone:ome Phone: 5,5 - f r O - 7>

Street Address: \Qdb H\^SH\ ST f h ^ ^ t :~ - ' Apt# Cfty

E-mail: AJ\

Street/P.O. Box

Pending charges:

State Zip

In Jail? D Y es No

o you have ajob? N o Job SfY es, Full Time Yes, Part Time (L ist Hours/week:

Who do you work for? iji;g~der7 ^i > o S^ t-^ A cf ^

How much money do you currently make before taxes or deductions? per Efhour month year

Ho w much money have you made in the last 12 months from any source, before taxes or deductions? 6 - C^OO 3

If a spouse lives with you, how much money does your spouse make? per BT^hour 0 month Qfyear

List al l other money you, or anyone else living in your household, has coming in : j ^ J o t ^ i - -

List what you own including money in banks cars trucks, other vehicles land houses, buildings cash or anythingelse worth more than 100: Rff7 (Iti&vf ShnMbo.

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

yUr Uz^/A,, .3

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 perjury that the statements I make in this application are trueand that I am unable to pay fo r an attorney to represent me.

Date I / I | O Signature

Rev. 1/6/12


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. ANDREW GREGORY CHIPPS ,

DEFENDANT.

Case No. 02811 FECR012433

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onNovember 18, 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 Scott Schleisman. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on January 28, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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 discloseevidence 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.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYSCOTT MICHAEL SCHLEISMANDISTRICT COURT ADMINISTRATOR

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State of Iowa CourtsCase Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: ORDER SETTING TRIAL

So Ordered


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. ANDREW GREGORY CHIPPS ,

DEFENDANT.

Case No. 02811 FECR012433

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onNovember 18, 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 Scott Schleisman. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on January 28, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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 discloseevidence 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.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYSCOTT MICHAEL SCHLEISMANDISTRICT COURT ADMINISTRATOR

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State of Iowa CourtsCase Number Case TitleFECR012433 STATE VS ANDREW GREGORY CHIPPSType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 DEC 20 3:54 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 DEC 20 3:54 PM SAC - CLERK OF DISTRICT COURT

state vs andrew gregory chipps - fecr012433

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