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02811 AGCR012623
VS
ROBERT THOMAS LENZ
ORDER
Defendant
The sheriff requested a warrant for the defendant's arrest be issued in this matter. The court does not
find that any sufficient grounds for the issuance of a warrant exist at this time and therefore orders the
clerk to issue a summons for the defendant's appearance.
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Case Title
STATE VS ROBERT THOMAS LENZ
OTHER ORDER
So Ordered
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STATE OF IOWA
Plaintiff
vs
Summons or Citation
ROBERT THOMAS LENZ
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
POSSESSION OF A CONTROLLED SUBSTANCE 2ND OFFENSE
in 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 on
08/18/2014 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.
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate
before 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 an
original notice (804.1).
:
CRIMINAL NO. AGCR012623
Plaintiff,
vs.
:
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.
:
CRIMINAL NO. AGCR012623
Plaintiff,
vs.
:
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.
TRIAL INFORMATION
COUNT I
COMES 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 CONTROLLED
SUBSTANCE, 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 Attorney
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, IOWA
DEPARTMENT OF PUBLIC SAFETY, DEPARTMENT OF CRIMINAL INVESTIGATION,
CRIMINALISTICS LABORATORY
ANDREW GLADFELTER OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF
PUBLIC SAFETY, DEPARTMENT OF CRIMINAL INVESTIGATION, CRIMINALISTICS LABORATORY
Case Number
AGCR012623
Case Title
STATE VS ROBERT THOMAS LENZ
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
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STATE OF IOWA,
Plaintiff,
vs
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled 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 such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
AGCR012623
Case Title
STATE VS ROBERT THOMAS LENZ
So Ordered
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Defendant.
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 shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 12/09/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of 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
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.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 for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
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Case Title
STATE VS ROBERT THOMAS LENZ
ORDER SETTING TRIAL
So Ordered
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Defendant.
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 Defendants 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.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
STATE OF IOWA,
02811 AGCR012623
Plaintiff,
vs.
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 12/03/2014 at 9:30 AM
at 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 arrest
being issued.
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Case Title
STATE VS ROBERT THOMAS LENZ
OTHER ORDER
So Ordered
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Date: 11/24/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
AGCR012623
No.
vs.
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
ROBERT THOMAS LENZ ,
ORDER
DEFENDANT.
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.
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Case Title
STATE VS ROBERT THOMAS LENZ
OTHER ORDER
So Ordered
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STATE OF IOWA,
02811 AGCR012623
Plaintiff,
vs.
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 12/17/2014 at 9:30 AM
at 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 arrest
being issued.
1 of 2
Case Title
STATE VS ROBERT THOMAS LENZ
OTHER ORDER
So Ordered
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AGCR012623
Plaintiff,
v.
RECORD OF PLEA OF GUILTY
AND SENTENCING ORDER
CHARGE:
Defendant has filed a written guilty plea and a waiver of Defendants 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 Defendants 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.
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
Defendants 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.
(2)
(3)
(4)
Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;
(5)
d.
(6)
(7)
3.
The Court imposes this sentence because it provides for Defendants
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
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants 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 Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants 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 Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash 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.
OTHER ORDER
Case Number
AGCR012623
Case Title
STATE VS ROBERT THOMAS LENZ
So Ordered
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