Sac City Man Gets Suspended Sentence for Domestic Abuse Assault Causing Bodily Injury - 2nd Offense

8/13/2019 Sac City Man Gets Suspended Sentence for Domestic Abuse Assault Causing Bodily Injury - 2nd Offense

1/39


2/39


3/39

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.

1 of 3

E-FILED 2013 AUG 20 12:13 PM SAC - CLERK OF DISTRICT COURT


4/39


5/39

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

3 of 3



6/39

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 witprotected party)

CAUTION: If checked, FIREARMSWARNINGfor 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.

1 of 4



7/39

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



8/39

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.

3 of 4



9/39



Type: NO CONTACT ORDER

So Ordered


4 of 4



10/39

IN T H EI O W A DISTRICTC O U R T F O R

DISTRICT COURT OF IOWASAC COUNTYFILED2013 SEP-5 PM3:07

Sac COTJNTY

S T A T E O FI O W AorPlaintiffTPctitioner,

Defendant/Respondent

V Criminal CivilNo. 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 FC O U N S E L

In supportQfmyapplicationforappointmento fcounsel,andunderpenaltyofperjury, the undersignedstates: BirthDate: 0 5 / ^ j>ame:

HomePhone: CellPhone: E-mail:

Pendingcharges:Street/P.O.Box ApStreet Address: / r VStreet/P.O.Box A pt* City fite Zip

In Jail?QYes J ^ oDo youhaveajob? N o Job ^ ^ s , FullTime Yes,PartTime (L istHours/week: )Who do youwork for?Howmuchmoneydo youcurrentlymake beforetaxesor deductions? /c^P per ^Sfjiour month yearHow muchmoneyhaveyoumadei nthe last12monthsfromany source, beforetaxesor deductions?

Oow manyfamilymembersare supportedbyorlive withyou?Ifaspouselives with you, howmuchmoneydoesyourspousemake? ^per- hour month yearListallothermoneyvou,or ne elselivinginyoupiiousehpld,hascomingin:

List what you ownincludingmoney inbanks cars trucks,other vehicles land houses,buildings cash or anythingelse worthmore than 100: / ? ? jX^

Listamountsyoupay monthlyormortgages, rentcarloans, credit cards,childsupport,oranyother debts:

^ /0& flirt y ?ch>


11/39

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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.

1 of 2

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


12/39



Type: ORDER APPOINTING

So Ordered


2 of 2



13/39


14/39


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


15/39

IN THE IOWA DISTRICT COURT IN AND FOR SACCOUNTY

STATE OFIOWA,

Plaintiff,

v.

DOUGLAS EDWARDLENTS,

Defendant.

Case No.FECR012398

ATTACHMENT TOTRIAL

INFORMATION: WITNESSLIST

BRIAN MENTZER, Peace Officer, Sac City Police Department

SANDRALENTS, Occupation Unknown

TONYA LANKFORD, Nurse Practitioner, LoringHospital

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



16/39

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

DOUGLAS EDWARD LENTS,Defendant.

CRIMINAL NO. FECR0!"#$

ORDER SETTIN% ARRAI%NMENTAND &OND

T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte* 'a+eeen e-a)ined and f/nd t ntain (/ffiient e+idene, if /ne-1lained, t 2a**ant an+itin in a t*ial 3 4/*3, t'e*ef*e, t'i( )atte* ('all e (et f* A**ai5n)ent.

IT IS ORDERED, t'e Defendant ('all 1e*(nall3 a11ea* f* A**ai5n)ent at t'e SaC/nt3 C/*t'/(e, Di(t*it C/*t*), Sa Cit3, I2a n t'e 8thday of October 2013 at9:00 a!

T'e Defendant i( ad+i(ed t'at fail/*e t a11ea* 2ill *e(/lt in t'e i((/ane f an a**e(t2a**ant.

IT IS FURTHER ORDERED, t'e Defendant6( nd and nditin( f* *elea(e f*)/(td3 in t'i( )atte* ('all e7

Defendant i( *elea(ed n 1e*(nal *e5ni8ane.

&nd i( (et in t'e a)/nt f 9::::::::::::::::.&nd )a3 e /n(e/*ed.&nd )/(t e a(' * (e/*ed in t'e a)/nt f t'e &nd.0; a(' )a3 e 1(ted.

"o#d $re%&o'()y (et (ha)) co#t'eCle*< f C/*t ('all i((/e a (/))n( f* Defendant t A11ea*.Cle*< f C/*t ('all i((/e an a**e(t 2a**ant.Other *o#d&t&o#( of Re)ea(e:

Defe#da#t (ha)) obey a)) +edera), State, a#d Loca) )a-(

T'e Defendant ('all e n 1*e=t*ial (/1e*+i(in t t'e Send >/diial Di(t*itDe1a*t)ent f C**etinal Se*+ie(.



17/39


Type: ORDER FOR ARRAIGNMENT



So Ordered



18/39



19/39



20/39



21/39


22/39

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

2 of 3



23/39



Type: ORDER SETTING TRIAL

So Ordered


3 of 3



24/39

E-FILED 2013 DEC 12 1:23 PM SAC - CLERK OF DISTRICT COURT


25/39



26/39



27/39


STATE OF IOWA, No. FECR012398Plaintiff,

REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIAL

INFORMATION

DOUGLAS EDWARD LENTS,Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on the

Defendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of:

Count I: DOMESTIC ABUSE ASSAULT, 2ND OFFENSE, an AggravatedMisdemeanor in violation of Iowa Code Sections 708.2A(1) and 708.2A(3)(b)

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand amended Trial Information.

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791

Fax: 712-662-4123Email: [email protected]

Copy to: PROOF OF SERVICE

The undersigned certifies that the foregoinginstrument was served upon all parties to the above causeto each of the attorneys of record herein at their respective

addresses disclosed on the pleadings on November 25, 2013 by:[ ] U.S. Mail [ ] Fax

[ ] Hand Delivered [x ] Electronic Mail

[ ] Certified Mail [ ] EDMS

Signature: /s/Norma Hecht

mailto:[email protected]:[email protected]


28/39


STATE OF IOWA, CRIMINAL CAUSE NO. FECR012398

Plaintiff,

vs. AMENDED TRIAL INFORMATION

DOUGLAS EDWARD LENTS,DOB: 05/06/1960 Defendant.

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, Douglas Edward

Lents of the crime ofDOMESTIC ABUSE ASSAULT CAUSING BODILY INJURY, 2NDOFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Sections 708.2A(1) and

708.2A(3)(b) committed as follows:

The said Defendant, Douglas Edward Lents, on or about August 19, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully assault his sister, Ms. Sandra

Lents, (causing bodily injury), and Defendant having a prior conviction for Domestic Abuse

Assault on the 30th day of August 2004, in Sac County Iowa, Sac County District Court case #

AGCR009854.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]



29/39


STATE OF IOWA CRIMINAL CAUSE NO. FECR012398Plaintiff,

vs. STATEMENT OF PECUNIARY LOSS

DOUGLAS EDWARD LENTSDefendant.

COMES NOW Benjamin John Smith, Sac County Attorney as prosecuting attorney for the State ofIowa, and states to the Court that the Crime Victim Compensation Program requests that restitution beordered in the above-captioned cause, as shown below and/or on the attached sheets.

Pursuant to Iowa Code section 910.3, the following statement of Pecuniary Damages is submitted:The Crime Victim Compensation Programhas made designated payments of$14,831.39as theresult of Defendants criminal activities and is entitled to restitution.

Type of Loss Amt of Loss Deductible Restitution Amt

Medical Damages $14,831.39 $0 $14,831.39

Total Restitution to be Ordered: $14,831.39

Dated this 16th day of December, 2013.

/s/Benjamin John SmithBenjamin John Smith, AT0008834Sac County Attorney

Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583(712) 662-4791Fax: (712) [email protected]

copy to: Defendants AttorneyVictimCorrections/Correctional Services, if applicable

Crime Victims Compensation ProgramPROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon allparties to the above cause by:

[x ] Depositing in the U.S .Mai l, postage prepa id, in anenvelope addressed to victim and CVCP.

[ ] Faxing to a fax machine number provided to our of fice[ ] Hand Delivery[x] Other___EDMS______

on December 16, 2013

by /s/Sandy Aschinger

E-FILED 2013 DEC 16 10:01 AM SAC - CLERK OF DISTRICT COURT


30/39


STATE OF IOWA, No. FECR012398Plainti,

ORDER PERMIT

!". AMENDED TRIAL

INFORMATION

DOUGLAS EDWARD LENTS,

D##n$ant.

T%# &att#' o t%# Stat# o Io(a)" R#*+#"t o' #a!# o Co+'t to An$ T'ial

Ino'&ation -o" on #o'# t%# Co+'t an$ t%# Co+'t +/on #a&ination o t%# il#" an$'#-o'$" %#'#in in$" t%at t%# an$nt (ill not &at#'iall -%an# t%# i""+#" no' (o'

an %a'$"%i/" on t%# D##n$ant, an$ t%at "ai$ T'ial Ino'&ation a" an$#$ %a" ##n

#a&in#$ an$ o+n$ to -ontain "+i-i#nt #!i$#n-#, i +n#/lain#$, to (a''ant a

-on!i-tion" a t'ial 4+'5 t%# ilin o t%i" an$#$ T'ial Ino'&ation i" %#'#

a//'o!#$.

O'iinal il#$ ED6S, -o/ to7 Co+nt Atto'n#D##n$ant)" Atto'n#, P#t#' ol$"&it%



31/39


Type: OTHER ORDER



So Ordered




32/39

1


STATE OF IOWA, No. FECR012398

Plaintiff, JUDGMENTENTRY-Count I

vs. Amn!! "A##$avat!

DOUGLAS EDWARD LENTS,%O&' 0()0*)19*0

%fn!ant.

COUNT I

BE IT REMEMBERED t+at t+is matt$ am on fo$ sntnin#. T+ Stat is

$-$snt! / an! a--a$s / Sa Cont/ Atto$n/ &namin o+n Smit+. T+

%fn!ant is $-$snt! / an! a--a$s / Atto$n/ at a4 Pt$ 5ol!smit+. T+ Co$tfin!s t+at a -la a#$mnt +as n $a+! 4+$in t+ %fn!ant nt$s +is 4$ittn -la of

#ilt/ to t+ amn!! +a$# of %O6ESTIC A&7SE ASSA7T CA7SIN5 &O%I

IN7R"SECON% OFFENSE, in violation of Io4a Co! Stions 08.2A:1; an!08.2A:3;:;, an A##$avat! 6is!mano$. In avin# fil! a 4$ittn -la of #ilt/ +$in, 4+i+ +as n $vi4! / t+is

Co$t an! is ino$-o$at! +$in / t+is $f$n, ?no4s of no l#al as 4+/ !#mnt

s+ol! not no4 nt$!, an! non a--a$s -on t+ $o$!. T+ Co$t, t+$fo$,

a-ts t+ %fn!ant=s -la of 5ilt/ an! fin!s %fn!ant is #ilt/ of t+ $im

DOMESTIC ABUSE ASSAULT CAUSING BODILY INJURY-SECOND

OFFENSE, in violation of Io4a Co! Stions 08.2A:1; an! 08.2A:3;:; an

A##$avat! 6is!mano$.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE

COURT, -$sant to 08.2A:1;, 08.2A:3;:; an! 903.1, Co! of Io4a, t+at %fn!ant

sntn! to'

1. T+ sto!/ of t+ %i$to$ of t+ Io4a %-a$tmnt of Co$$tions fo$ anin!t$minat -$ison t$m of - to t4o :2; /a$s. Sai! sntn s+all

ss-n!! aft$ %fn!ant s$vs fo$t/"fiv :@(; !a/s in t+ Sa Cont/ ail,

4it+ $!it fo$ tim s$v!. %fn!ant is o$!$! to s$v t+ ail Sntn in

onstiv !a/s an! %fn!ant is li#il fo$ t+ Sa Cont/ ail Wo$?

Rlas P$o#$am.

a. %fn!ant s+all also assss! t+ o$$tional f of $55.00 !" #%+a$#!

/ t+ Sa Cont/ S+$iff=s Offi.

. %fn!ant s+all s$v sai! sntn 4it+in si< :*; mont+s of t+ !at of t+is

o$!$. If t+ %fn!ant +as not s$v! t+ ail tim at t+ n! of si< :*; mont+s, t+ Sa

Cont/ S+$iff is o$!$! at +is onvnin, to -i? - %fn!ant to s$v sai! ail tim.

2. %fn!ant is -la! on -$oation to Sa Cont/ P$oation fo$ a -$io! of on :1;/a$ f$om t+ !#mnt nt$/ !at. %$in# s+ -$oation -$io!, %fn!ant



33/39

2

s+all ai! / all t+ t$ms an! on!itions of t+ -$oation as st fo$t+ on t+

P$oation A#$mnt. %fn!ant is O$!$! to si#n a -$oation a#$mnt,

4it+in 2 +o$s of t+is !at, 4it+ t+ Sa Cont/ P$oation Offi$, Sa

Cont/ Co$t+os, 100 NW Stat St$t, Sit 9, 2n!Floo$, Sa Cit/, Io4a.

a. %fn!ant s+all o/ all F!$al, Stat, an! loal la4s an! o$!inans.

. %fn!ant s+all $-o$t all n4 a$$sts to t+ Sa Cont/ P$oation Offi$

4it+in svn !a/s of t+ a$$st

. %fn!ant s+all timl/ -a/ all amonts o$!$! / t+is !#mnt.

3. T+ fin in t+ amont of *2(.00 is +$/ ss-n!!.

@. T+ %fn!ant s+all ma? $stittion, to t+ vitim, 6s. San!$a nts, t+$o#+ t+

C$im Bitim Assistan %ivision, as fil! in t+ Statmnt of %ama#s, 4+i+ s+all

fil! 4it+in t+i$t/ !a/s of t+ !#mnt Ent$/ !at.

(. %fn!ant s+all ma? $stittion fo$ +is o$t a--oint! atto$n/ fs, in t+ amont of

$&'0.00 to -ai! as o$!$! / t+ o$t.

*. %fn!ant s+all -a/ t+ o$t osts +$in an! t+ o$t osts of an/ ation !ismiss!

-$sant to t+ -la a#$mnt +$in in t+ amont of $(00.00 to -ai! as o$!$! /

t+ o$t.

. %fn!ant s+all ?- t+ Cl$? of Co$t an! Sa Cont/ P$oation notifi! as to an/

+an# in a!!$ss ntil all oli#ations of t+is as +av n om-lt!.

8. %fn!ant is o$!$! to n$oll in an! om-lt a o$t a--$ov! &att$$s= E!ation

P$o#$am to om-lt! !$in# %fn!ant=s -$oationa$/ -$io!. T+ Co$t $Di$s%fn!ant to -$ovi! -$o#$ss $-o$ts to t+ o$t -$tainin# to +is -$o#$ss in t+

&att$$s= E!ation P$o#$am. Fail$ to om-lt t+ o$t o$!$! &att$$s= E!ation

P$o#$am ma/ $slt in ontm-t ations o$ $voation of -$oation -$o!in#s.

9. IT IS FURTHER ORDERED t+at %fn!ant s+all -a/ all amonts o$!$! / t+is

!#mnt / -a/in# $)5.00 !" *ont+ to t+ S Count% C!" o/ Cou"t 4it+

-a/mnts to #in on t+ (5t+ #% o/ t+! *ont+follo4in# t+is o$!$, an! s+all ontin

on t+ (5t+ #% of a+ mont+ ntil -ai! in fll. HOWEER IF THE ABOE

1AYMENT 1LAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING

1AID WITHIN &' MONTHS OF THE DATE OF THIS JUDGMENT, THE

BALANCE IS DUE AT THAT TIME. D!/!n#nt 23 #423!# t+t 2/ on! %*!nt 23*233!#, t+! !nt2"! o26t2on !o*!3 2**!#2t!% #u!.

%fn!ant +avin# a--a$! an! sntn in# -$onon!, IT IS

FURTHER ORDERED t+at an/ alan of a--a$an on! is $las! aft$

a--liation to fin, s$+a$#, o$t osts, atto$n/ fs, an! $stittion.



34/39

3

IT IS FURTHER ORDEREDt+at t+ No Contat O$!$ iss! on A#st 20,

2013 is +$/ anl!.

%fn!ant is a!vis! of t+ $i#+t to a--al t+is !#mnt an! sntn an! of

t+ $i#+t to a--l/ fo$ a--ointmnt of a--llat onsl an! t+ f$nis+in# of a t$ans$i-t if

nal to -a/ t+ a--al osts. %fn!ant is also a!vis! of t+ nssit/ to om-l/ 4it+

t+ statto$/ $Di$mnts in filin# a noti of a--al. %fn!ant=s a--al on! is fi


35/39


Type: ORDER FOR JUDGMENT



So Ordered




36/39

E F I L E D 2013D E C 16 2:36P M S A C C L E R K OFD I S T R I C T C O U R T

INT H EIOWA DISTRICTC O U R TIN AND FORSACC O U N T YS T A T EOFI O W A No. FECRO12398

Plaintiff, J U D G M E N TENTRY-CountIvs. Amended -AggravatedD O U G L A SEDWARD L E N T SD O B : 05/06/1960

Defendant.C O U N TI

B E IT R E M E M B E R E D thatthis mattercameon for sentencing. The Stateisrepresented by and appears by Sac County Attorney Benjamin John Smith. TheDefendant isrepresentedby andappearsby Attorney at Law PeterGoldsmith. The Courtfindsthata pleaagreementhasbeenreached wherein the Defendantentershis written plea ofguilty to the amended charge of D O M E S T I C A B U S E A S S A U L T C A U S I N G B O D I L YI N J U R Y - S E C O N D O F F E N S E in violation of Iowa Code Sections 708.2A(1) and708.2A(3)(b), an Aggravated Misdemeanor. In exchange for the plea of guilty to theamended charge, theStatehasagreedto amend the original charge. The Court approves the PleaAgreement. TheState'sMotiontoAmendis hereby granted.

Having filed a written plea of guilty herein, which has been reviewed by thisCourt and is incorporated herein by this reference, knows ofnolegalcausewhy judgmentshould not now be entered, and noneappears upon the record. The Court,therefore,accepts the Defendant's plea of Guilty and finds Defendant is guilty of the crimeD O M E S T I C A B U S E A S S A U L T C A U S I N G B O D I L Y I N J U R Y - S E C O N DO F F E N S E in violation of Iowa Code Sections 708.2A(1) and 708.2A(3)(b) anAggravated Misdemeanor.

IT IS T H E R E F O R E THE J U D G M E N T AN D S E N T E N C E OF TH EC O U R T pursuantto 708.2A(1), 708.2A(3)(b) and 903.1, Code of Iowa,thatDefendantbesentencedto:

1. The custody of the Director of the Iowa Department of Corrections for anindeterminate prison term of up to two (2) years. Said sentence shall besuspended afterDefendant servesforty-five(45) days in the Sac CountyJailwithcredit for time served. Defendant is ordered toservethe JailSentenceinconsecutive days and Defendant is eligible for the Sac County Jail WorkRelease Program.

a. Defendant shall also beassessedthe correctional fee of 55.00 per dav chargedby the Sac County Sheriffs Office.b. Defendant shallservesaidsentencewithin six (6)monthsof thedateof this

order. If the Defendant has not served the j a i ltime at the end of six (6) months, the SacCountySheriffisordered at his convenience, to pick up Defendant toservesaidj a i ltime.

2. Defendant is placed on probation to Sac County Probation for a period of one (1)year from the Judgment entrydate. During such probation period, Defendant

1


37/39

E F I L E D 2013 D E C 16 2:36P M S A C C L E R K O F D I S T R I C T C O U R T

shallabide byallthe terms and conditions of the probation as set forth on theProbationAgreement. Defendant is Ordered to sign a probation agreement,within 72 hours of this date, with the Sac County Probation Officer,SacCountyCourthouse, 100N WState Street, Suite 9, 2n dFloor,SacCity Iowa.a. Defendantshallobeya llFederal, State, and locallaws and ordinances.b.Defendantshallreport all newarreststo the Sac County ProbationOfficer

withinseven days of thearrestc. Defendantshalltimely payallamounts ordered by this Judgment.

3. The fine in the amount of 625.00 is hereby suspended.4. The Defendantshall make restitution, to the victim Ms. Sandra Lents, through theCrime Victim AssistanceD ivision as filedin the Statement of Damages,which shallbefiledwithinthirty dayso fthe JudgmentEntrydate.5. Defendantshallmake restitution for his court appointed attorney fees,inthe amount of240.00;to be paid as ordered by the court.

6. Defendantshallpay the court costs herein and the court costs of any action dismissedpursuant to the plea agreement herein; in the amount of 100.00;to be paid as ordered bythe court.7. Defendantshallkeep theClerkofCourtand Sac County Probationnotifiedas to anychange in addressuntilall obligationsofthis case have been completed.8. Defendant is ordered toenrollin and complete a court approved Batterers' EducationProgram;to be completed during Defendant's probationary period. The Court requiresDefendant to provide progress reports to the court pertaining to his progress in theBatterers' Education Program. Failureto complete the court ordered Batterers' EducationProgrammay result in contempt actions or revocation of probation proceedings.9. IT IS F U R T H E R O R D E R E DthatDefendantshallpay allamountsorderedbythisJudgment by paying 75.00 per month to the Sac County Clerk of Courtwithpaymentstobeginon the 15hdav of themonth followingthisorder, andshallcontinueon the 15h dav of eachmonth until paid in full. H O W E V E R IF THEA B O V EP A Y M E N T PLANDOESNOTR E S U L TINT H E T O T A LOBLIGATIONS BEINGPAID WITHIN 24 MONTHS OF THE D A T E OF THIS J U D G M E N T THEB A L A N C EIS DU EATT H A T T I M E . Defendantisadvisedthatif onepaymentismissed,theentire obligationbecomesimmediatelydue.

Defendant having appeared and sentence being pronounced, IT ISF U R T H E R O R D E R E D that any balance of appearance bond is released afterapplicationtofine,surcharge, court costs, attorney fees, and restitution.

2


38/39

E F I L E D 2013D E C16 2:36P M S A C C L E R K OFD IS T R I C T C O U R T

IT IS F U R T H E R O R D E R E D thatthe No Contact Order issued on August 20,2013 is hereby canceled.

Defendant is advised of the right to appeal this judgment andsentenceand ofthe right to apply for appointment of appellate counsel and the furnishingofatranscript ifunable to pay the appeal costs. Defendant is also advised of the necessity to comply withthe statutory requirements in filinga notice of appeal. Defendant's appeal bond isfixedas 6500.00.Original filed E D M S copy to: County Attorney

Defendant/Defense Counsel PeterGoldsmithSac CountySheriffSandraL ents/VictimCrime VictimAssistance Program


39/39

E F I L E D 2013 D E C 16 2 :36 P M S A C C L E R K O F D I S T R I C T C O U R T

StateoflowaCourtsType: ORDER FOR JUDGM ENTCaseNumber CaseTitleFECRO12398 STATE OF IOWA VS. DOU GLA S EDWA RD LENTS

SoOrdered

Second Jud ic ia lDistrict of lowa

Elec t ron ica l ly s igned on2013 12 16 14 :36:46 p a g e 4 of 4

Sac City Man Gets Suspended Sentence for Domestic Abuse Assault Causing Bodily Injury - 2nd Offense

Documents

Transcript of Sac City Man Gets Suspended Sentence for Domestic Abuse Assault Causing Bodily Injury - 2nd Offense