odebolt man convicted of sexual exploitation of a minor

7/29/2019 Odebolt Man Convicted of Sexual Exploitation of a Minor

1/26


2/26


3/26


4/26


5/26


6/26


7/26


8/26


9/26


10/26


11/26


12/26


13/26

In the Iowa District Court in and for SAC County

Case No: 02811 AGCR012221 Title: STATE VS JAMES RIGBY

NOTICE REGARDING ELECTRONIC FILINGThis 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 Pertaining

to 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 understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the 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 documents

and documents filed electronically by other parties. When you have completed your registration, you can begin

filing 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 of

exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption

from 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 System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep 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 have

questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts

E-FILED 2013 SEP 18 2:41 PM SAC - CLERK OF DISTRICT COURT


14/26

In The Iowa District Court for the Second Judicial DistrictIn 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 an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files 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 respectivecounties.

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, partiesappearing 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



15/26

Case ID : 02811 AGCR012221 - STATE VS JAMES RIGBY

Event Cd : NOOT

PETER ANDREW GOLDSMITH filed

BENJAMIN JOHN SMITH filed




16/26

In the Iowa District Court in and for SAC County

Case No: 02811 AGCR012221 Title: STATE VS JAMES RIGBY

NOTICE REGARDING ELECTRONIC FILINGThis 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 Pertaining

to 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 understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the 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 documents

and documents filed electronically by other parties. When you have completed your registration, you can begin

filing 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 of

exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption

from 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 System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep 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 have

questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts



17/26

In The Iowa District Court for the Second Judicial DistrictIn 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 an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files 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 respectivecounties.

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, partiesappearing 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



18/26

Case ID : 02811 AGCR012221 - STATE VS JAMES RIGBY

Event Cd : NOOT

PETER ANDREW GOLDSMITH filed





19/26



20/26



21/26



22/26



23/26

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Case No. AGCR012221Plaintiff,

JUDGMENT ENTRY

AGGRAVATED MISDEMEANORvs.JAMES RIGBY,

DOB: 04/12/1965,Defendant.

BE IT REMEMBERED this matter came on for sentencing. The State isrepresented by Sac County Attorney Benjamin John Smith, The Defendant appearsby Attorney at Law Peter Goldsmith. The Defendant having filed an Alford pleaherein, which has been reviewed by this Court and is incorporated herein by thisreference, knows of no legal cause why judgment should not now be entered, andnone appears upon the record.

The Court, having made a determination of guilty from an examination of theminutes of testimony, there is a reasonably probability that the jury would find thedefendant guilty. The Court also finds that in agreeing to the Alford plea, thedefendant is receiving some substantial benefit; namely, the dismissal of the felonycharge in Sac County Case No. FECR012222 and Counts 2 and 3 from the TrialInformation filed herein.

The Court, therefore, accepts the Defendants plea of Guilty and finds that theDefendant is guilty of the crime SEXUAL EXPLOITATION OF A MINOR an

Aggravated Misdemeanor, in violation of Iowa Code Sections 728.12(3) and 903B.2.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT,pursuant to code sections 728.12(3), 901.5 903B.2, 903.1, and 907.3 Code of Iowa,that Defendant be sentenced to:

1. The custody of the Director of the Iowa Department of Corrections for anindeterminate prison term of up to two (2) years. Said sentence shall be suspendedand the Defendant placed on probation to the Second Judicial District Department ofCorrectional Services for a period of one (1) year from the Judgment entry date.During such probation period, Defendant shall abide by all the terms and conditionsof the probation as set forth on the Probation Agreement. Defendant is Ordered tocontact a probation officer at the Second Judicial District Department of Correctional

Services, 311 First Avenue South, Fort Dodge IA 50501, phone number 515-576-8121, within 72 hours of this date.

a. Defendant shall obey all Federal, State, and local laws andordinances.

b. Defendant shall report all new arrests to the Probation Officerwithin seven days of the arrest.



24/26

2

c. Defendant shall timely pay all amounts ordered by this Judgment.

2. The Court imposes a fine of $625.00, plus the surcharge of 35%, which ishereby suspended.

3. Defendant shall make restitution for his court appointed attorney fees, in the

amount approved by the State Public Defender. The defendant states, and the Courthereby finds that defendant has full-time employment and has the reasonable abilityto pay restitution of fees, including expense of a public defender.

4. Defendant shall pay the court costs herein and the court costs of any actiondismissed pursuant to the plea agreement herein; in the amount of $100.00; to bepaid as ordered by the court.

5. Defendant shall keep the Clerk of Court and Probation Officer notified as toany change in address until all obligations of this case have been completed.

6. IT IS FURTHER ORDERED that Defendant shall pay all amounts orderedby this Judgment by paying $50.00 per month to the Sac County Clerk of Court withpayments to begin on the 15th day of the month following this order, and shallcontinue on the 15th day of each month until paid in full. HOWEVER IF THE ABOVEPAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEINGPAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCEIS DUE AT THAT TIME. Defendant is advised that if one payment is missed, theentire obligation becomes immediately due.

7. IT IS FURTHER ORDERED within five (5) days from this date thedefendant shall register with the County Sheriff pursuant to Chapter 692A.104 withinfive (5) days of release from custody or placement on probation, parole or work

release, and shall complete all necessary sex offender registry forms as directed andshall pay the $25 sex offender registration fee pursuant to 692A.110(1). Pursuantto Iowa Code 692A.104(2)-(7), the defendant is informed of his duty to notify theCounty Sheriff of any changes of address in this or any other state within five days ofsaid change.

8. Failure to comply with the Sex Offender Registry requirements will result inadditional criminal charges being filed against you. Penalties and/or the period ofregistration are longer for each offense of failure to register.

9. The Defendant shall immediately report to the judicial district department ofcorrectional services after sentencing so it can be determined if the offender has

been convicted of an offense requiring DNA profiling. If it is determined by thejudicial district that DNA profiling is required, the offender shall immediately submit aDNA sample. IOWA CODE 81.2(5).

10. IT IS FURTHER ORDERED that the court hereby imposes a specialsentence pursuant to Iowa Code Section 903B. In addition to the sentences imposedabove, the following sentence is hereby ordered, which sentence shall be for tenyears and shall commence at the end of the sentence imposed for the underlying



25/26

3

offense, and defendant shall be under supervision as if on parole, as provided for inIowa Code Section 903B.2

11. IT IS FURTHER ORDERED that Count II and Count III are hereby dismissedafter the appeal period has run, without further order of the Court.

12. Defendant having appeared and sentence being pronounced, IT ISFURTHER ORDERED that any balance of appearance bond is released afterapplication to fine, surcharge, court costs, attorney fees, and restitution.

13. Defendant is advised of the right to appeal this judgment and sentence and ofthe right to apply for appointment of appellate counsel and the furnishing of atranscript if unable to pay the appeal costs. Defendant is also advised of thenecessity to comply with the statutory requirements in filing a notice of appeal.Defendants appeal bond is fixed as $6500.00.

Original filed EDMS, copy to:County AttorneyDefendant/Defense Counsel Peter GoldsmithDOC



26/26

State of Iowa Courts

Type: ORDER FOR JUDGMENT

Case Number Case Title

AGCR012221 STATE VS JAMES RIGBY

So Ordered

Electronically signed on 2013-09-18 15:05:15 page 4 of 4


odebolt man convicted of sexual exploitation of a minor

Documents