smcr012624 - odebolt man pleads guilty to possession of methamphetamine, 2nd offense.pdf

8/9/2019 SMCR012624 - Odebolt man Pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf

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E-FILED 2014 AUG 11 12:17 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleSMCR012624 STATE VS ROBERT THOMAS LENZType: OTHER ORDER

So Ordered

Electronically signed on 2014-08-11 10:02:11

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

ROBERT THOMAS LENZDefendant

Case No. 02811 SMCR012624

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:POSSESSION OF DRUG PARAPHERNALIAin violation of Section(s) 124.414 of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on08/18/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as

contempt of court.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court.Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).

E-FILED 2014 AUG 11 3:22 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

_______________________________________________________________________________

STATE OF IOWA, :

CRIMINAL NO. SMCR012624

Plaintiff, :

vs. :

ROBERT THOMAS LENZ, : APPEARANCE OF COUNSEL, WAIVER

OR PRELIMINARY HEARING AND

PLEA OF NOT GUILTY

:

Defendant.

_______________________________________________________________________________

COMES NOW Paul D. Scott, the undersigned attorney, and hereby enters his Appearance,

Waiver of Preliminary Hearing and Plea of Not Guilty in the above-entitled matter.

/s/ Paul D. Scott

___________________________________

PAUL D. SCOTT AT0007098

BROWN & SCOTT, P.L.C.

1001 Office Park Road, Suite 108

West Des Moines, IA 50265Telephone: (515) 225-0101

Facsimile: (515) 225-3737

[email protected]

ATTORNEY FOR DEFENDANT

Original Filed.

Copy to:

Ben Smith

Sac County Attorney

100 NW State Street

Sac City, IA 50583PROOF OF SERVICE

The undersigned certifies that the foregoing instrument

was served upon all parties to the above cause by:

____ personal service ____ first class mail

____ certified mail ____ facsimile

____ UPS (overnight) __X__ Electronic Filing

on the _27th___ day of ____August________, 2014.

I declare that the statements above are true and correct

to the best of my information, knowledge and belief.

Signature:________/s/ RMN_________________



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

_______________________________________________________________________________

STATE OF IOWA, :

CRIMINAL NO. SMCR012624

Plaintiff, :

vs. :

ROBERT THOMAS LENZ, : APPEARANCE OF COUNSEL, WAIVER

OR PRELIMINARY HEARING AND

PLEA OF NOT GUILTY

:

Defendant.

_______________________________________________________________________________

COMES NOW Paul D. Scott, the undersigned attorney, and hereby enters his Appearance,

Waiver of Preliminary Hearing and Plea of Not Guilty in the above-entitled matter.

/s/ Paul D. Scott

___________________________________

PAUL D. SCOTT AT0007098

BROWN & SCOTT, P.L.C.

1001 Office Park Road, Suite 108

West Des Moines, IA 50265Telephone: (515) 225-0101

Facsimile: (515) 225-3737

[email protected]

ATTORNEY FOR DEFENDANT

Original Filed.

Copy to:

Ben Smith

Sac County Attorney

100 NW State Street

Sac City, IA 50583PROOF OF SERVICE

The undersigned certifies that the foregoing instrument

was served upon all parties to the above cause by:

____ personal service ____ first class mail

____ certified mail ____ facsimile

____ UPS (overnight) __X__ Electronic Filing

on the _27th___ day of ____August________, 2014.

I declare that the statements above are true and correct

to the best of my information, knowledge and belief.

Signature:________/s/ RMN_________________



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E - F I L E D

2014 DE C 17 9 :48 AM SA C -C L E R K O F D I S T R I C TC O U R T

IN THEIOWA DISTRICTCOURT FOR SAC COUNTY

STATE OF

IOWA,

AGCR012623 4-Sfr\UR oUWZ5)

Plaintiff,

v.

ROBERTTHOMASLENZ,

RECORD OF PLEA OF

GUILTY

AND SENTENCING ORDER

Defendant.

DATE:

December17, 2014

CHARGE:

Possession

of Methamphetamine, Second Offens e, an Aggravated

Misdemeanor,in violation of Iowa Code 124.401(5)

Defendant has filed awritten

guilty

plea and a waiver of Defendant'sright to be

present for sentencing. Defendant asksthatthe plea to the above charge be accepted

and that sentence be imposed pursuant to the plea arrangement agreed upon by the

partieswithout the formality of the record required by Rules 2.8 and 2.10 of the Iowa

Ruleso fCriminalProcedure.

The Court hereby informs Defendant that Defendant's plea of guilty to the

above-referenced charge is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant is adjudicated

guilty

of the crime of

Possession

o f

Methamphetamine, Second Offens e, an Aggravated M isdemeanor, in violation of Iowa

Code

124.401(5).

2. Defendant is hereby sentenced as follows:

a.

Defendant shall pay all of the following financial obligations :

(1) a fine in the sum of $625.00;

(2) a 35 % surcharge;

(3) a $10.00 DARE surcharge pursuant to Iowa Code Section

911.2;

(4) a $125.00 law enforcement

initiative

surcharge pursuant to

Iowa Code Section 911 .3; and

(5) 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. Defendant

shall pay the balance due by way of a plan of payment to be

developed by his probationary supervisor.


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b. Defendant shall serve ninety (90) days in the county jail. This

senten ce is sus pend ed in its entirety. De fendant shall be given

credit for time previously served . The Coun ty Sherif f shall

designate the appropriate county

jail

facility.

In compliance

with

Iowa

Code

Sect ion 356.7, Defendant

shall

pay fees as later

assessed

for the room and board provided to

Defendant while in the custody of the Sherif f as a result of

Defendant's criminal conviction in this matter. The actual amount

assessed

wil l be as set forth in the Room & Board Reimbursement

Claim filed with the Clerk by the Sherif f . The amo unt assessed

shall have the force and effect of a judgm ent for purposes of

enforcem ent. Sho uld Defendant dispute the amo unt

assessed,

Defendant has the

right

to request a hearing on

that issue;

c.

As a condit ion of a portion of Defendant's sentence being

suspended,

Defendant is placed on informal probation to the Sac

County Pro bation Off ice ( the Probation Superviso r ) for a period of

one (1) year from the date of f i ling of this Order. Defendant's

probation shall be on such terms and condit ions

that

the Probation

Supervisor deem s approp riate. In addit ion to any terms the

Probation Supervisor imposes, the Court specif ically imposes all of

the following terms of probation:

1)

Defendantshall

make

in person

contactwith the Probation

Supervisor withinseven 7) days of the

filing

of

this

Order to

sign up for

probation

and sign any

probation

supervision

agreement requested

by the

Probation

Supervisor.

Telephone contact

is not

sufficient;

(2) Defendant shall obey all laws ;

(3) If Defendant becom es eligible for reinstatement of

Defendant's driver's l icense during the term of probation,

Defendant shall take all steps necessary to obtain a valid

driver's l icense as soon as Defendant is eligible;

(4) Defendant shall be em ployed full-t ime , attending schoo l full-

t ime, or engaged in afull time combination of employment

and school attendance during the period of probation;

(5) Defendant is prohibited from cons um ing or poss essing

alcohol

or any i l legal drug or any drug for which Defendant

does not have a valid prescription. In add it ion, Defendant is

prohibited from being at any location where alcohol or i l legal

drugs are present, regardless of whether Defendant is

2


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actually in

possession

of or consum ing such alcohol or illegal

drugs. This prohibition does not prohibit Defendant from

being at a public location (e.g., restaurant) where alcohol is

served,so long as the primary purpose of the establishment

isnot the serving of alcohol and D efendant is not consuming

or in possessionof alcohol atthatlocation;

(6) If Defendant has not already done so , Defendant shall

undergo a substance abuse evaluation and follow any

recommendations for treatment or counseling made as a

result of the eva luation, all at Defendant's own expense. If

Defendant has not already done s o, in order to provide proof

that

Defendant has undergone the required evaluation,

Defendant shall procure from the substance abuse evaluator

a

letter orwritten report which shall be filed

with

the Clerk

of this Court no later than 21 days from the date this Order

is

filed; and

(7) Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all

required tasks in a timely manner; and

d.

Pursuant to Iowa Code Section 901.5(10 ), the Iowa Department of

Transportation ( the IDOT ) shall revoke Defendant's driver's

license

or motor vehicle operating privilege for a period of one

hundred eighty (180) days, or shall delay the issuance of a driver's

license

for one hundred eighty (180) days after Defendant is

first

eligible if Defendant has not been issued a driver's license. If

Defendant's operating privileges are suspended or revoked at the

time of entry of this Order, the one hundred eighty-day (180-day)

revocation period shall not begin until all other suspensions or

revocations have been terminated. The IDOT shall not issue a

temporary restricted license to Defendant during the revocation

periodwithout furtherorder by this Court.

3. The Court imposes this sentence because it provides for Defendant's

rehabilitation and the protection of the comm unity. The Court has considered the

sentencing recommendation of the parties.

4. Defendant has a statutory

right

to appeal by filing

written

notice of appeal

with

the Clerk of Court of this countywithin30 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 ofcounseland the furnishing ofa transcript of the evidence as provided in

Iowa Code Sections 814.9 and 81 4.11. Filing a notice of appealwithinthe time and in


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the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and

failure to comply

with

these provisions shall preclude Defendant's

right

of appeal.

5. Appeal Bond is set in the amount of $5,000 .00, cash or surety.

6. Any

cash

bail posted by Defendant or on Defendant's behalf by athird

party

that

has acknowledged or agreed

that

the money posted can be applied toward

Defendant's financial obligations shall be applied toward Defendant's financial

obligations. All cash bail remaining, if any, after payment of D efendant's financial

obligations and all cash bail posted by a

third

partythathas not acknowledged or

agreedthatthe money posted can be applied toward Defendant's financial obligations

is

hereby exonerated and shall be returned to the person posting the cash bail. All non-

cash-bairBonds

posted7ira~nyrare-hereby-e-xonerated- ^-==^

7. IT IS FURTHER

ORDEREDthat

CaseN o.

SMCR 012624

is dismissed upon

motion of the county attorney and pursuant to plea agreement.

Costs

are taxed to the

Defendant.

Clerk ShallFurnishCopies To:

County Attorney

Defense

Counsel

County Sheriff

Probation Supervisor

Iowa Department of Transportation

4


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E FILED 2 0 14 D E C 1 7 9 :4 8 A M S A C - CL ER K OF DISTRICT COURT

State of Iowa Courts

Type : OTHER

O R D E R

ase

Number

ase

Title

AGCRO 2623 STATE VS ROBE RT THO MA S LEN Z

So

rdered

Adria Kester.DistrictAssociate Judge,

Second

JudicialDistrictofIowa

Electronically signed on 2014-12-17 09:48:18 page 5 of 5

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