Order Setting Trial - State v Douglas Edward Lents - Fecr012398

7/27/2019 Order Setting Trial - State v Douglas Edward Lents - Fecr012398

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E-FILED 2013 AUG 19 10:08 PM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

DOUGLAS EDWARD LENTS ,Defendant.

Case No: 02811 FECR012398

INITIAL APPEARANCE

Charges:01 - 708.2A(4) - DOMESTIC ABUSE ASSAULT - 3RD OR SUBSEQUENT OFFENSE (FELD)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 D

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

5 (minimum 2 days in jail) Years Prison

And/Or $ a fine of not less than $750.00 nor greater than $7,500.00 plus 35% surchargeand court costs

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.

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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 obey all laws of the state and U.S. He must obey the no contact order.

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 hearingis:

Waived

Preliminary Hearing is scheduled on 09/09/2013 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 IS

ORDERED 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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State of Iowa Courts

Case Number Case TitleFECR012398 STATE OF IOWA VS. DOUGLAS EDWARD LENTS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-08-20 12:13:33

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 FECR012398

This order can be verified during business hourswith the SAC County Clerk of Court at:(712) 662-7791.

Judge Warren L. Bush

or anytime with the SAC County Sheriff'sOffice at: 712-662-7127. NO CONTACT ORDER

ISSUE DATE: 08/20/2013

PROTECTED PARTY: Sandra "Sandy" Lents Other Protected Persons:

STATE OF IOWA, VS

DEFENDANT: Defendant Date of Birth: 5/06/1960

DOUGLAS EDWARD LENTS

Address for Defendant (not shared address wprotected party)

CAUTION: If checked, FIREARMSWARNING for law enforcement

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter, and the Defendant has been provided withreasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:The above named Defendant is restrained from committing further acts of abuse or threats of abuse.The above named Defendant is restrained from any contact with the Protected Party.Additional terms of this order are as set forth below.

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This order shall remain in effect until modified or terminated by further written order of the court, untilthe case is dismissed, or until sentencing.WARNINGS TO DEFENDANT:This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265).Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment(18U.S.C. 2262).Federal law provides penalties for possessing, transporting shipping, or receiving any firearmor ammunition (18 U.S.C.922(g)(8)).Only the court can change this order.

On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant'sappearance, the court finds there is probable cause to believe that a violation of

the presence of the defendant in the alleged victim's residence poses a threat to the safety of thealleged victim, persons residing with the alleged victim, or members of the alleged victim's immediatefamily.

If checked, the court finds the defendant and protected party meet the definition of intimatepartners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, thespouse of the person, a former spouse of the person, an individual who is a parent of a child of theperson, and an individual who cohabitates or has cohabited with the person").

IF CHECKED, the court must check box 6, prohibiting the defendant from possessingfirearms.Therefore, the court orders as follows:1. Defendant shall not communicate with the protected party in person or through any meansincluding third persons. This restriction shall not prohibit communication through legal counsel.2. Defendant shall not be in the immediate vicinity of the residence or place of employment of theprotected party. Defendant shall stay away from the protected party and shall not be in that party'spresence except in a courtroom during court hearings.3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or

members of the protected party's family. Defendant shall not use, or attempt to use, or threaten touse physical force against the protected party that would reasonably be expected to cause bodilyinjury.

4. If checked, defendant may enter the shared residence once in the company of a peaceofficer to retrieve defendant's clothing and work-related items. Defendant shall turn over to thelaw enforcement agency all devices that allow access or entry to the residence or outbuildings (forexample, keys or garage openers). The law enforcement agency shall contact the protected party toprovide notice of the intent of the defendant to return to the residence and to accommodate the safetyconcerns of the protected party.

5. If checked, additional directives:2 of 4



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6. If checked, the defendant shall not possess firearms while this order is in effect as a conditionof release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcementagency) on or before August 22, 2013. The defendant is advised that the issuance of this protectiveorder may also affect the right to possess or acquire a firearm or ammunition under federal law. 18U.S.C.922(d)(8), (g)(8).7. This protective order is in effect immediately. The order may be extended prior to expiration or atsentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).

8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation mayoccur even if the protected party(ies) consent(s) to prohibited contact. Only the court may releasedefendant from restrictions contained in this order.9. Except as specifically set out herein, this order shall not be construed as an award of personal orreal property to either the defendant or the protected party.

10. Bond is set at $

11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.

Defendant was personally served with a copy of this order by the court.

The clerk of court shall provide copies of this order to the protected party, county attorney,

defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections236.5(5) and 664A.4.

The SAC County Sheriff shall serve and return service of this order upon defendant.NOTICE: If you have a disability and need assistance to participate in court proceedings, please callthe ADA Coordinator at (641) 421-0990.If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

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Type: NO CONTACT ORDER

So Ordered


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IN T H E I O W A DISTRICT C O U R T F O R

'DISTRICT COURT OF IOWASAC COUNTYFILED2013 SEP -5 PM 3:07

Sac COTJNTY

S T A T E O F I O W A orPlaintiffTPctitioner,

Defendant/Respondent

V Criminal Civi lNo. f f o f f O r a S

F I N 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 T O F C O U N S E L

In support Qfmy application fo r appointment of counsel, andunder penalty of perjury, the undersignedstates: BirthDate: 0 5 / ^ j>ame:

Home Phone: Cell Phone: E-mail:

Pending charges:Street/P.O. Box ApStreet Address: / r V~~_ Street/P.O. Box A pt* City &fite Zip

In Jail? QYes J ^ oDo you have a job? N o Job ^ ( ^ s , Full Time Yes, Part Time (List Hours/week: )Who do you work for?How much money do you currently make before taxesor deductions? /c^P per ^Sfjiour month yearHow muchmoney have you made in the last 12 months from any source, before taxes or deductions?

Oow many family members are supported by or live with you?If a spouse lives with you, how much moneydoes your spouse make? ^per- hour month yearList all other money vou, or ne else living in youpiiousehpld,has coming in :

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: / ? ? jX^"

List amounts you pay monthlyformortgages, rentcar loans, credit cards, child support, or any other debts:

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STATE OF IOWA,

PLAINTIFF,VS.DOUGLAS EDWARD LENTS ,

DEFENDANT.

02811 FECR012398

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 Peter Goldsmith, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 SEP 06 10:28 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER APPOINTING

So Ordered


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Type: Approval of Trial Information

Case Number Case Title

FECR012398 STATE OF IOWA VS. DOUGLAS EDWARD LENTS

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 2013-09-11 14:32:28 page 2 of 2

E-FILED 2013 SEP 11 2:32 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

DOUGLAS EDWARD LENTS,

Defendant.

Case No. FECR012398

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

BRIAN MENTZER, Peace Officer, Sac City Police Department

SANDRA LENTS, Occupation Unknown

TONYA LANKFORD, Nurse Practitioner, Loring Hospital

DONNA GEERY, State of Iowa, Clerk of District Court, Sac County Clerk ofCourt



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

DOUGLAS EDWARD LENTS,Defendant.

CRIMINAL NO. FECR012398

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 8th day of October 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012398 STATE OF IOWA VS. DOUGLAS EDWARD LENTS

So Ordered

Electronically signed on 2013-09-11 14:32:29 page 2 of 2


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.DOUGLAS EDWARD LENTS ,

DEFENDANT.

Case No. 02811 FECR012398

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 25, 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 Peter Goldsmith.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on November 5, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 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 may

depose 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 ATTORNEY

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Type: ORDER SETTING TRIAL

So Ordered



Order Setting Trial - State v Douglas Edward Lents - Fecr012398

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