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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
2 of 2
E-FILED 2014 AUG 11 10:02 AM SAC - CLERK OF DISTRICT COURT
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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
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_________________
E-FILED 2014 AUG 27 11:05 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 AUG 27 11:05 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 SMCR012624 - Odebolt man Pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf
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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
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_________________
E-FILED 2014 AUG 27 11:05 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 AUG 27 11:05 AM SAC - CLERK OF DISTRICT COURT
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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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E - F I L E D
2014 DE C 17 9 :48 AM SA C -C L E R K O F D IS T R I C T C O U R T
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
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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
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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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 T C O U R T
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
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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