AGCR012623 - Odebolt man pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf

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

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS ROBERT THOMAS LENZ Defendant

02811 AGCR012623

ORDER

The sheriff requested a warrant for the defendant's arrest be issued in this matter. The court does notfind that any sufficient grounds for the issuance of a warrant exist at this time and therefore orders theclerk to issue a summons for the defendant's appearance.

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State of Iowa CourtsCase Number Case TitleAGCR012623 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 IOWA

Plaintiff

vs

ROBERT THOMAS LENZ Defendant

Case No. 02811 AGCR012623

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:POSSESSION OF A CONTROLLED SUBSTANCE 2ND OFFENSEin violation of Section(s) 124.401(5) 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 ascontempt of court.

/s/ SHELLEY BASS

CLERK OF DISTRICT COURTSAC 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 3:25 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

_______________________________________________________________________________

STATE OF IOWA, :

CRIMINAL NO. AGCR012623

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 50265

Telephone: (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 50583 PROOF 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_________________



_______________________________________________________________________________

STATE OF IOWA, :

CRIMINAL NO. AGCR012623

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 50265

Telephone: (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 50583 PROOF 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_________________


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012623 Plaintiff, vs. TRIAL INFORMATION

ROBERT THOMAS LENZ,DOB: 10/06/1965 Defendant.

COUNT ICOMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and

in the name and by the authority of the State of Iowa, accuses Defendant, Robert Thomas Lenz

of the crime of POSSESSION OF METHAMPHETAMINE A SCHEDULE II CONTROLLEDSUBSTANCE, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code

Section 124.401(5) committed as follows:

The said Defendant, Robert Thomas Lenz, on or about March 23, 2014, in the County

of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a

controlled substance, to-wit: Methamphetamine, in the amount of 1.18 grams, by a person

having been previously convicted of a drug related offense.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 SEP 23 2:25 PM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

THE STATE OF IOWA vs. ROBERT THOMAS LENZCriminal No. AGCR012623COUNT I: Possession of Methamphetamine a Schedule II Controlled Substance, SecondOffense

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

RACHEL MARIE LENZ, OCCUPATION UNKNOWN

BRIAN PIERCE, OCCUPATION UNKNOWN

KIM HALVERSON OR DESIGNEE, CLERK OF COURT, TAMA COUNTY IOWA DISTRICT COURT

MELISSA OZIMEK OR DESIGNATED EVIDENCE TECHNICIAN, EVIDENCE TECHNICIAN, IOWADEPARTMENT OF PUBLIC SAFETY, DEPARTMENT OF CRIMINAL INVESTIGATION,CRIMINALISTICS LABORATORY

ANDREW GLADFELTER OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OFPUBLIC SAFETY, DEPARTMENT OF CRIMINAL INVESTIGATION, CRIMINALISTICS LABORATORY


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleAGCR012623 STATE VS ROBERT THOMAS LENZ

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 2014-09-23 14:25:51 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs ROBERT THOMAS LENZ , Defendant.

Case No: 02811 AGCR012623 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 10/01/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. ROBERT THOMAS LENZ , Defendant.

Case No: 02811 AGCR012623 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on September 29, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 11/19/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 12/09/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 OCT 01 8:58 AM SAC - CLERK OF DISTRICT COURT

Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleAGCR012623 STATE VS ROBERT THOMAS LENZType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, Plaintiff, v. ROBERT THOMAS LENZ, Defendant.

Case No. AGCR012623

REPORT OF PRETRIAL CONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On November 20, 2014, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Paul Scott. The parties, through the

undersigned, represent the following to the Court:

A plea agreement has been reached the terms of which are as follows:

Defendant has agreed to plead guilty to Count 1, Possession of a Controlled

Substance (Second Offense), pay all applicable costs and fees, and pay the

minimum fine. In consideration, the State has agreed to recommend that

Defendant receive a 90-day jail sentence, suspended, with Defendant being

placed on informal probation through the Sac County Probation Office.

Additionally, the State has agreed to dismiss Defendant’s “companion” simple

misdemeanor paraphernalia charge in Case No. SMCR012624 as part of this

agreement.

Defendant intends to submit a written guilty plea by December 3, 2014.

Defendant intends to waive presence at sentencing. Defendant intends to waive

time between plea and sentencing.

The parties further represent that Defendant now resides in South Dakota

and is on track to complete outpatient substance abuse treatment before 2015.

E-FILED 2014 NOV 21 3:27 PM SAC - CLERK OF DISTRICT COURT

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]



STATE OF IOWA, Plaintiff, vs. ROBERT THOMAS LENZ , Defendant.

02811 AGCR012623

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 12/03/2014 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

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E-FILED 2014 NOV 24 10:44 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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Date: 11/24/2014 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. AGCR012623vs.

ROBERT THOMAS LENZDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________ Date___11/24/2014_____________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15


STATE OF IOWA, PLAINTIFF, vs. ROBERT THOMAS LENZ , DEFENDANT.

Case No. 02811 AGCR012623 O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before December 5, 2014. If any objection is filed on or

before December 5, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before December 5, 2014, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

PAUL DOUGLAS SCOTT

MEDIA COORDINATOR

ROBERT THOMAS LENZ

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So Ordered


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STATE OF IOWA, Plaintiff, vs. ROBERT THOMAS LENZ , Defendant.

02811 AGCR012623

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 12/17/2014 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

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E-FILED 2014 DEC 03 10:26 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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E-FILED 2014 DEC 16 1:24 PM SAC - CLERK OF DISTRICT COURT

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STATE OF IOWA, Plaintiff, v. ROBERT THOMAS LENZ, Defendant.

AGCR012623

RECORD OF PLEA OF GUILTY

AND SENTENCING ORDER

DATE: December 17, 2014

CHARGE: Possession of Methamphetamine, Second Offense, an Aggravated Misdemeanor, in violation of Iowa Code § 124.401(5)

Defendant has filed a written guilty plea and a waiver of Defendant’s right to be

present for sentencing. Defendant asks that the plea to the above charge be accepted and that sentence be imposed pursuant to the plea arrangement agreed upon by the parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa Rules of Criminal Procedure. 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 of

Methamphetamine, Second Offense, an Aggravated Misdemeanor, 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 sentence is suspended in its entirety. Defendant shall be given credit for time previously served. The County Sheriff shall designate the appropriate county jail facility.

In compliance with Iowa Code Section 356.7, Defendant shall pay fees as later assessed for the room and board provided to Defendant while in the custody of the Sheriff as a result of Defendant’s criminal conviction in this matter. The actual amount assessed will be as set forth in the Room & Board Reimbursement Claim filed with the Clerk by the Sheriff. The amount assessed shall have the force and effect of a judgment for purposes of enforcement. Should Defendant dispute the amount assessed, Defendant has the right to request a hearing on that issue;

c. As a condition of a portion of Defendant’s sentence being

suspended, Defendant is placed on informal probation to the Sac County Probation Office (“the Probation Supervisor”) for a period of one (1) year from the date of filing of this Order. Defendant’s probation shall be on such terms and conditions that the Probation Supervisor deems appropriate. In addition to any terms the Probation Supervisor imposes, the Court specifically imposes all of the following terms of probation:

(1) Defendant shall make in-person contact with the Probation Supervisor within seven (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 becomes eligible for reinstatement of

Defendant’s driver’s license during the term of probation, Defendant shall take all steps necessary to obtain a valid driver’s license as soon as Defendant is eligible;

(4) Defendant shall be employed full-time, attending school full-

time, or engaged in a full-time combination of employment and school attendance during the period of probation;

(5) Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant does not have a valid prescription. In addition, Defendant is prohibited from being at any location where alcohol or illegal drugs are present, regardless of whether Defendant is


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actually in possession of or consuming 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 is not the serving of alcohol and Defendant is not consuming or in possession of alcohol at that location;

(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 evaluation, all at Defendant's own expense. If Defendant has not already done so, in order to provide proof that Defendant has undergone the required evaluation, Defendant shall procure from the substance abuse evaluator a letter or written 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 period without further order by this Court.

3. The Court imposes this sentence because it provides for Defendant’s rehabilitation and the protection of the community. 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 county within 30 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 of counsel and the furnishing of a transcript of the evidence as provided in Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the 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 a third 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 Defendant’s financial obligations and all cash bail posted by a third party that has not acknowledged or agreed that the 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 bail bonds posted, if any, are hereby exonerated. 7. IT IS FURTHER ORDERED that Case No. SMCR012624 is dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defense Counsel County Sheriff Probation Supervisor Iowa Department of Transportation



Type: OTHER ORDER


So Ordered



E-FILED 2014 DEC 18 1:50 PM SAC - CLERK OF DISTRICT COURT

AGCR012623 - Odebolt man pleads guilty to Possession of Methamphetamine, 2nd Offense.pdf

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