Breda Man Pleads Guilty to Assault on Persons Engaged in Certain Activities

E-FILED 2013 JUN 27 3:36 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JACOB DONALD LAWLER , Defendant.

Case No: 02811 FECR012342

INITIAL APPEARANCE

Charges:01 - 708.8-2 - GOING ARMED WITH INTENT - 1978 (FELD)02 - 716.5 - CRIMINAL MISCHIEF 3RD DEGREE - 1978 (AGMS)03 - 708.2(3)-2 - ASSAULT USE/display OF A WEAPON-1989 (AGMS) 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 canand 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 9 Years Prison And/Or $Fines totaling not less than $2,000 nor greater than $20,000 plus 35%surchargeand court costs

1 of 3

E-FILED 2013 JUN 28 11:34 AM SAC - CLERK OF DISTRICT COURT

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. 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: Based on the seriousness of the charges and the defendant's conduct since his arrest the court doesnot believe that the public's safety can be protected by the release of the defendant and thereforeorders that he be held without bond. He is entitled to a bond review upon his request. 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 07/05/2013 at 11:00 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 ISORDERED 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

2 of 3


State of Iowa Courts

Case Number Case TitleFECR012342 STATE VS JACOB DONALD LAWLER

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-06-28 11:34:25

3 of 3


EN THE IOWA DISTRICT COURT FOR Sac 2813 JUL-I AM 8* 80

COUNTY

STATE OF IOWA or

PlaintifETetitioner,

vs.

Defendant/Respondent.

Criminal Civil

No.

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

Name: J f l f \ W > P V Birth D a t e ^ l / 1 U N j ^

Home Phone:

Street Address:

': *7 \ ̂ I^^PhoneH T^- D U Q E-mail:

Pending charges: " V & l A K

Street/P.O. Box

•V Apt # City

Do you have a job? No Job • Yes, Full Time • Yes, Part Time (List Hours/week:

Who do you work for?

State Zip

In Jail?X3^Y es • No

)

How much money do you currently make before taxes or deductions?

How much money have you made in the last 12 months from any source, before taxes or deductions?

How many family members are supported by or live with you? I

per • hour • month • year

o If a spouse lives with you, how much money does your spouse make?

List%ll otherVnoney you, or anyone else living in your household, has coming in

per̂ • hour • month • year.

: ) Wi( \J\fY)

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100:

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me.

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JACOB DONALD LAWLER , DEFENDANT.

02811 FECR012342

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours. 712 662 4715 COPY PROVIDED TO DEFENDANT

1 of 2

E-FILED 2013 JUL 02 10:04 AM SAC - CLERK OF DISTRICT COURT



Type: ORDER APPOINTING

So Ordered


2 of 2



THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No. FECR012342

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

JACOB DONALD LAWLER )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte & Graven Law Firm, P.C., 421 Main

St. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his

appearance on behalf of the above-named defendant and on behalf of the defendant,

waives preliminary hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715

Fax: (712) 662-4884

Original filed

Copy to: County Attorney

E-FILED 2013 JUL 02 4:17 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JACOB DONALD LAWLER Defendant

02811 FECR012342

ORDER

The Defendant is brought before the Court on the charges filed herein. The Defendant is released onhis promise to appear. However he is only to be released when he is taken into custody by CrawfordCounty authorities.The County Attorney has spoke with Defendants attorney Charles Schulte and heis aware of the situation. Copy Provided to Defendant Copy Provided to Plaintiff

1 of 2




Type: OTHER ORDER

So Ordered


2 of 2


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

JACOB DONALD LAWLER,

DOB: 01-16-1995

Defendant.

Case No. FECR012342

TRIAL INFORMATION

COUNT 1

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, Jacob Donald Lawler (“defendant”) of the crime of GOING ARMED WITH INTENT 708.8, a Class “D” Felony in violation of Iowa Code section 708.2, committed as follows: On or about June 27, 2013, in Sac County, Iowa, the defendant was armed with an axe. The axe was and is a dangerous weapon as defined by Iowa Code section 702.7. The defendant was armed with the specific intent to use the axe against Kaylee Lawler.

COUNT 2

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, Jacob Donald Lawler (“defendant”) of the crime of AGGRAVATED ASSAULT, a violation of Iowa Code section 708.2(3), committed as follows: On or about June 27, 2013, in Sac County, Iowa, the defendant committed an assault as defined by Iowa Code section 708.1. At the time, the defendant used and / or displayed a weapon (here, an axe). The weapon was a dangerous weapon as defined by Iowa Code section 702.7.

COUNT 3

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, Jacob Donald Lawler (“defendant”) of the crime of CRIMINAL MISCHIEF IN THE THIRD DEGREE, a violation of Iowa Code section 716.5, committed as follows: On or about June 27, 2013, in Sac County, Iowa, the defendant damaged and / or destroyed a car windshield belonging to Kaylee Lawler. The defendant acted with the specific intent to damage and / or destroy said windshield. When the defendant damaged and / or destroyed the windshield, defendant did not have the right to do so.

COUNT 4

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, Jacob Donald Lawler (“defendant”) of the crime of ASSAULT ON A PEACE OFFICER, a violation of Iowa Code sections 708.1, 708.2, 708.3A(4), committed as follows: On or about June 27, 2013, the defendant did an act which was intended to result in physical contact which was insulting or offensive. The defendant had the apparent ability to do the act. The assault was committed against a peace officer. The defendant knew the person against whom he committed the assault was a peace officer.

A TRUE INFORMATION

/s/ Benjamin John Smith

Benjamin John Smith - AT0008834 Sac County Attorney

Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]


Type: Approval of Trial Information


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 2013-07-31 11:44:28 page 3 of 3



STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. FECR012342

ATTACHMENT TO TRIAL INFORMATION: WITNESS LIST

TED HELMICH, Chief of Police, Lake View Police Department KEN MCCLURE, Sheriff, Sac County Sheriff’s Department KAYLEE LAWLER LAURA LAWLER


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, VS. JACOB DONALD LAWLER, Defendant.

CRIMINAL NO. FECR012342

ORDER SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have

been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction 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 Sac

County Courthouse, District Courtroom, Sac City, Iowa on the 13th day of August 2013 at

9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest

warrant. IT IS FURTHER ORDERED, the Defendant’s bond and conditions for release from custody 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 District Department of Correctional Services.

Other:



Type: ORDER FOR ARRAIGNMENT


So Ordered


E-FILED 2013 AUG 12 11:50 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 11:50 AM SAC - CLERK OF DISTRICT COURT

2RCR02


STATE OF IOWA, PLAINTIFF, vs. JACOB DONALD LAWLER , DEFENDANT.

Case No. 02811 FECR012342 ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Mr. charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m. CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY CHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

1 of 2

E-FILED 2013 AUG 12 2:06 PM SAC - CLERK OF DISTRICT COURT



Type: ORDER SETTING TRIAL

So Ordered


2 of 2

E-FILED 2013 AUG 12 2:06 PM SAC - CLERK OF DISTRICT COURT

Date: 09/18/2013 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. fecr012342 vs.

Jacob Donald LawlerDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE OF 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.

4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which expanded media coverage is being requested or grounds for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows:

E-FILED 2013 SEP 18 4:59 PM SAC - CLERK OF DISTRICT COURT

ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main Street

Sac City, IA 50583

DEFENSE: Charles Schulte 421 Central Avenue Sac City, IA 50583

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE: Joseph J. Heidenreich

CLERK OF COURT: Donna Gerry

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

Signature__/s/Jesse Helling_______________________ Date__9/18/13______________________ Jesse HellingMedia Coordinator, Region 4Third Judicial District of IowaAddress: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15


STATE OF IOWA, PLAINTIFF, vs. JACOB DONALD LAWLER , DEFENDANT.

Case No. 02811 FECR012342 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 October 1, 2013. If any objection is filed on

or before October 1, 2013, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before October 1, 2013, 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

CHARLES ADAM SCHULTE

MEDIA COORDINATOR

1 of 2

E-FILED 2013 SEP 23 9:52 AM SAC - CLERK OF DISTRICT COURT



Type: OTHER ORDER

So Ordered


2 of 2


TIIE STATJ] OF IOWA.

Plaintill.

JACOB DONALD LAWLER

IN T}tE IOWA DISTzuCT COURT FOR SAC COT]NTY

NO. FECROl2342

WAIVER OF RIGHT TO

SPEEDY TRIAL

De t'endant.

Comes now the def'endant. Jacob Donald Lawler. and states as lbllows:

1. He realizcs that he has a right by virtue ofthe Constitution ofthc United States to a

specdl' trialr

2. Ile realizes he has a right to a speedy trial by virtue o1'lou'a Rule of Criminal

Proccdure 2.3 3 (2)(b) \.vhich states:

"If a defendant indicted fbr a public ot-fense has not r'"'aived his or her

right to a speedl trial. he or she must be brought to trial u'ithin ninetldays afier indictmcnt is found or the coufi must order the indictmentto be dismisscd unless good cause to tlte contrary bc shown "

l-le is also arvare ofthe lact that this rule is applicable to a Count,v Attorncy's Infonnation

and that the ninety day period rut.ts liom thc filing date thereol-.

i. lIe further realizes that he has a right to a speed"v trial undcr Iowa Rule of Criminal

Procedure 2.33(2)(b) n'hich states:

''All criminal cases must be brought to trial rvithin one year aftcr the defendat's

ir.ritial anaignment pursuant to rule 2.8 unless an extension is granted by the corrt. upon a

showing of good cause."

3. lle has been flll.v advised of his rights to a speedl'trial anci the ramit-rcations thcreof by

his attorney. including thc fact that the memory of *'itnesses lade u'ith the passage 01'

timel that witncsses r.na-v disappear or become unavailablc; that delay ma1 impair the

effectiveness of his del-ense: that the communit.v may view him with suspicion during the

pendency ofthe action thcreby affecting his occupational and social endeavors; that he

rvill have to endure prolonged anxiety and concern and that he is or can be subjccted to

incarccration pending trial. and taking into account all o1 these lactors and considerations.

he deems it to be in his best intercst to waive his spcedy trial rights at this time and he

does therefore hereby waive thc same both as to IRCP 2.33(a) and IRCI'2.33(b) and does

consent that the trial may be postponed until such dates as it may be scheduled for trial b1

the coufl. The dclbndant reserves the right to subscquently r.vithdrau,this rvaiver upon

lvritlen notice thereof to the court ar.rd the State of lorva.


signedthis A? o^r., - l jnt -.201) .

-\ ksSr"".s-Dcf'endant

Copy to: Count,v Attorne-Y



STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. FECR012342

ORDER RESCHEDULING TRIAL AND PRETRIAL CONFERENCE

This matter came before the Court on September 24, 2013, for a pretrial

conference. The defendant appeared personally with his attorney, Charles

Schulte. Sac County Attorney Ben Smith appeared for the State of Iowa. The

Court, after reviewing the record and being advised in the premises FINDS the

parties informed the Court an evaluation of the defendant relevant to the instant

criminal charge has been scheduled for the middle of December 2013 and

defendant plans to file a waiver of speedy trial.

IT IS THEREFORE ORDERED that the trial shall be and is rescheduled for

March 4, 2014, and the pretrial conference shall be rescheduled for February 24,

2014, at 9:00 a.m., in the courtroom at the Sac County Courthouse, Sac City,

Iowa. If the defendant fails to appear before this Court as ordered, a warrant may

issue for his arrest.



Type: OTHER ORDER


So Ordered




STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. FECR012342

ORDER RESCHEDULING TRIAL AND PRETRIAL CONFERENCE

This matter came before the Court on February 24, 2014 for a pretrial

conference. The defendant did not appear, but his attorney, Charles Schulte, did.

The State appeared through Sac County Attorney Ben Smith. The Court, after

reviewing the record and being advised in the premises FINDS the parties

informed the Court the defendant may have good cause for his failure to appear

and requested the matter be continued to give defendant’s attorney time to

ascertain defendant’s current whereabouts and status.

IT IS THEREFORE ORDERED that the trial shall be and is rescheduled for

April 8, 2014 at 9:00 a.m., in the courtroom at the Sac County Courthouse, Sac

City, Iowa; and the pretrial conference shall be rescheduled for March 19, 2014

at 11:30 a.m., in the courtroom at the Sac County Courthouse, Sac City, Iowa. If

the defendant fails to appear before this Court as ordered, a warrant may issue

for his arrest.

E-FILED 2014 FEB 28 11:32 AM SAC - CLERK OF DISTRICT COURT


Type: OTHER ORDER


So Ordered


E-FILED 2014 FEB 28 11:32 AM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, v. JACOB DONALD LAWLER, Defendant.

Criminal No. FECR012342 REPORT OF PRETRIAL CONFERENCE

THE PARTIES, THROUGH THE UNDERSIGNED, MAKE THE FOLLOWING REPRESENTATIONS TO THE COURT. On March 19, 2014, the parties conducted a

Pretrial Conference, as ordered. The parties represent the following to the Court: A

plea agreement has been reached and the parties request that a plea hearing be

scheduled. The terms of the plea agreement are as follows: If the State dismisses

without prejudice Counts 1, 2, and 3 of the Trial Information, defendant agrees to plead

guilty to Count 4 of the Trial Information, pay the minimum fine, all applicable costs, and

all restitution, be sentenced to 90 days in jail with credit for time served and the

remainder suspended with defendant to be placed on unsupervised probation through

the Sac County Probation Office. The defendant intends to submit a written guilty plea

by April 3, 2014. The defendant intends to waive presence at sentencing. Defendant

intends to waive time between plea and sentencing.

__________________________ 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]

E-FILED 2014 MAR 21 4:54 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA,

Plaintiff,

v.


Defendant.

CASE No. FECR012342

MOTION TO DISMISS

COMES NOW the State of Iowa through Sac County Attorney Ben Smith and states that as part of the parties’ plea agreement, the State agreed to dismiss Counts 1, 2, and 3, without prejudice and with costs to defendant. Therefore, for the foregoing reason, the State respectfully requests that this Court dismiss Counts 1, 2, and 3, of the Trial Information without prejudice and with costs to defendant.

__________________________ 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]


IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JACOB DONALD LAWLER , Defendant.

Case No: 02811 FECR012342 Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Orderrequiring parties to conduct a pretrial conference. The following order is entered:

ORDER Written guilty plea shall be filed by noon on April 2, 2014. If the defendant's written guilty plea is notsubmitted at or before said time, an arrest warrant shall issue for the defendant. Clerk to provide notice to counsel of record.

1 of 2


State of Iowa CourtsCase Number Case TitleFECR012342 STATE VS JACOB DONALD LAWLERType: OTHER ORDER

So Ordered


2 of 2


IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. JACOB DONALD LAWLER, Defendant.

Case No. FECR012342

ORDER

NOW, on this 24th day of March, 2014, the Court is in receipt of the State’s

Motion to Dismiss Counts I, II, and III of the Trial Information, pursuant to plea

agreement.

IT IS THEREFORE ORDERED that the State’s Motion to Dismiss is granted.

Counts I, II, and III of the Trial Information are hereby dismissed, without prejudice, and

the costs associated with those counts are assessed to the Defendant.

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



B.

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

PlaintiffVS.

JACOB DONALD LAWLERD O B : 0 l - 1 6 - 1 9 9 5

Defendant.

No. FECR0l23.+2

GUILTY PLEA- Count 4(Serious Misdemeanor)

COUNT, I

I, the undersigned Defendant, have carefully read and fully understand the following:

I am charged with ASSAULT ON PERSONS ENGAGED IN CERTATNOCCUPATIONS, in v iolat ion of lowa Code Sect ion 708,1, and Sect ion 708.34(4), aSerious Misdemeanor; and I hereby request that my plea of guilty to the charge be entered ofrccord.

The maxinrum punishment for a Serious Misdemeanor is imprisonment of not more than oneyear in jail, and a furc ofnot more than $1,875.00 plus statutory surcharges. plus all courtcosts and all costs and fecs incurred for legal assistance. There is a minimum furc of$315.00,plus a 35% surcharge in the amount of $l10.25, rvhich is immediately due on the date ofsentencnlg unless a payment plan is approvcd by the Court within thirty days ofthe Judgmententry. In addi t ion, i f the charge is a v iolat ion of lowa Code Chapters, 124, 155A, 453P, j13,7 1 4 , 7 l 5 A , 7 l 6 , o r l o w a C o d e S e c t i o n s , 7 1 9 . 8 , 7 2 5 . l , 7 2 5 . 2 o r 7 2 5 . 3 , t h e r e i s a n a d d i t i o n a lLaw Enlbrcement lnitiative surcharge of $125. I acknowledge that, the Court may order meto perform community service work if the Court is of the opinion that community servicework will deter and discourage others ftom similar criminal activity. (The rate at whichcommunity service shall be calculated against my fine shall be the fbderal minimum wage.) lnaddition, I may be rcquired to pay correctional fees fbr incarceration and cnrollment f'ees forprobation. I am aware that sentencing options may include def'enal of Judgment andSentence, the grant of probation and the suspension of the sentence imposed.

I understand that, a crirninal conviction, defened judgment or defened sentence may affect mystatus under t'ederal irnmigration laws.

If I plead not guilty. I would be entitled to the following rights, I give up these rights bypleading guilty:( l ) . The r ight to a speedy and publ ic t r ia l bya juryof nvelve people.(2). The right to have an attorney represent me at trial and, if the Court found I was unablc toafford an attorney, the Court would, at public expense, appoint an attorney to represent me(3). At trial, I rvould bc presumed innocent until such time, ifcver. the State established myguilt beyond a reasonable doubt.(4). At trial, a jury verdict of guilty would have to be unanimous.(5). At trial, I would havc the privilege against self-incrimination, that is, I cannot be forced totestily, and if I choose not to testily, the State may not comment on the fact of my failure to

C.

D.

E-FILED 2014 APR 01 4:23 PM SAC - CLERK OF DISTRICT COURT

E.

F.

testi! and, at my request, I would be entrtled to a jury instruction stating that the jury couldnot infer guilt liom my f'ailure to testify.(6). At trial, the state would have to conliont me with witnesses upon whose testimony rrrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7). At trial, I would be entitled to present witnesses ro testiry on my behalf and tocompulsory process to secure tnose wltnesses.

By pleading guilty, thcre will not be a trial of a'y kind. By pleading guilty, I waive my right totrial, and will be treated as ifl had been tried and found guilty by a jury.

The court, in determlning whether there is a factual basis for this plea of guilty, may makesuch a determination by examir.ring the Minutes of restimony attached to the TrjalInformation, by reviewing the investigative reports of law enforcement agents who havemvestigated the ofi'ense, or by asking me or counsel to recite and summarize the material factsthat would be offered at trial.The court has the discretion to accept or reject any plea agreement made between the Stateand myself The plea agreement ts: I rvill plead guiltll to Count 4. Assault on persons

olan as agreed upon in the probation agreement.This plea agreement includes that I will be responsible to pay court costs, pal,rnent of all

costs and fees incuned for legal assistance, victim restitution, correction (1ail) fee for any jailtime and all surcharges and mandatory punishments (see paragraph B) applicable to my case.I now state to the court that I am, in fact GUILTY and that no threats or promises have beenmade to induce me to enter my plea of guilty. I have been mfbrmed that the elements of thecr ime are: Assault is anv act l rh ich is in lended to cause Dain or

neace officer. while knowins the nerson was a Deace officer.I understand the nature ofthe charge against me.

G. This offense was committed by me in Sac county Iowa by my dourg the following: I did one Sac ( ountv Law t_nlorcemenl ( 'enter. unlawlul lv an

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rightsand I do so freely and voluntarily. No threats have been made against me to obtarn this guiltyplea. No promises ofleniency or favorable treatment have been made, except for any plea bargaindisclosed to the Court at the time of this guilty plea.

H. If the Court accepts my plea of guilty, I realize:(l). The court will set a sentencing date not less than fifteen days after the date of itsacceptance of this guilty plea unless I waive this right. In order to contest this plea ofguilty, I


must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right rofile a Motion in Arrcst of Judgment will be waived by having the Court impose a sentencetoday.(2). Ifthe Court imposes a scntence today, I will never be able to challenge this plea ofguilty,and I will be giving up my right to dkectly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to havethe Court address me personally.

WAIVER OF MOTION IN ARREST OF JUDGMENT

Ifthe Court accepts my plea of guilty. I wish to be sentenced now. I understand that:

l. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no laterthan 45 days al1er a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the Court will set a sentenclng date not less than fifteen days after thedate of its acceptance of this guilty plea unless I warve this right, and the right to file aMotion in Arrest of Judgment will be waived by having the Court impose a sentence now.

2. By having the Court impose my sentence now, I will never be able to challenge this plea ofguilty and I will be giving up my right to directly appeal my guilty plea.

I hereby request the Coufi sentence me now and I waive any time to which I may be entitledfbr sentencing at a later date.

WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional rrght to be present at my sentencingand prcsent evidence in my orvn behalf. I understand that it is my choice to be present or not, andthat no one can exelude me hom sentencing.

With the above in mind, and further understanding that my decrsion whether to be presentor not ls my own decrsion, I hereby knowingly and voluntarily waivc the right to be present at mysentencinq.

.\ lstsQ Lv",qs

STATE OF IOWA

SAC C]OUNTY

. 2014. befbre me the undersigne(l, a Notary Public in and tbr said

)) S S

. to mc known to be the idqltihe g&cuted the

Defendant, Jacob Donald

Attomey for fendant, Charles Schulte

and deed

On this I day of

PLrb l i c in and


THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, )

) CRIM. NO. FECR012342 Plaintiff, )

) ORDER ACCEPTING PLEA vs. ) AND JUDGMENT ENTRY

) JACOB DONALD LAWLER, ) Charge – Count IV: Assault on Persons Engaged

) in Certain Occupations, a Serious Misdemeanor Defendant. ) Sections – 708.1, 708.2, and 708.3A(4)

NOW on the 3rd day of April, 2014, the defendant submits his verified written Plea of

Guilty. The defendant is charged with Assault on Persons Engaged in Certain Occupations, in

violation of Sections 708.1, 708.2 and 708.3A(4) of the Iowa Code. The State appears by Sac

County Attorney, Ben Smith. The Defendant waives his personal appearance and appears by

counsel, Charles Schulte.

The written plea of guilty shows that the defendant's plea is voluntary, being freely and

intelligently made, with an understanding of the charge, with knowledge of the penal

consequences of the plea, with full knowledge of his constitutional rights, and that said rights

are waived by a plea of guilty, without any threats, improper inducements or persuasion, and

the Court finds there is a factual basis for the defendant's plea of guilty.

The written plea indicates the defendant's informed understanding of his rights

contemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d

711; and State v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of

guilty, which plea is made a part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.

The defendant indicates his understanding of his right to additional time and the right to

file a Motion in Arrest of Judgment and the necessity of doing so at least five days prior to the

date set for sentencing and indicates his voluntary waiver of those rights and his desire to

proceed immediately to sentencing. The Court, finding the defendant's waivers are voluntary

and made with an understanding of his rights, accepts the waivers and proceeds to entry of

judgment. The defendant's counsel indicates he knows of no legal cause why judgment and

sentence should not be pronounced.

The Defendant is adjudged guilty of the offense of Assault on Persons Engaged in Certain

Occupations, in violation of Iowa Code Section 708.1, 708.2 and 708.3A(4).

E-FILED 2014 APR 03 10:55 AM SAC - CLERK OF DISTRICT COURT

The Defendant is sentenced to pay a fine in the sum of $315, plus a 35% surcharge, the

court costs of this action, to include room and board fees as certified by the Sheriff, and attorney

fees as certified by Mr. Schulte.

Defendant shall pay these financial obligations to the Clerk of Court of this county or

online at www.iowacourts.gov. Defendant shall make payments according to a plan of payment

developed by his probation officer.

Defendant is further sentenced to serve a period of 90 days in the custody of the Sac

County Sheriff, with credit for time served, as certified by the Sheriff. All but the first 7 days of

this sentence is suspended. On the suspended portion of the sentence, Defendant is placed on

probation to the Sac County Probation Office for a term of one year. Conditions of probation are

as follows:

1. Defendant shall report to the Sac County Probation Office within 7 days of the

date of this order.

2. Defendant shall pay any probation enrollment fee, the fine, surcharge, costs and

fees on a plan of payment developed by his probation officer.

3. Defendant shall obey all laws.

4. Defendant shall follow any other rules of probation outlined by his probation

officer.

The reasons for this sentence include the following: Defendant’s age; prior criminal

history; attitude toward rehabilitation; facts and circumstances of this case; family and

employment circumstances; need for protection of the community and deterrent impact upon

Defendant and others similarly situated.

Any bond money previously posted is released and exonerated.

Appeal bond is set in the sum of $1,000.00.

COPIES TO: County Attorney Defense Attorney Sac County Jail Sac County Probation Office



Type: OTHER ORDER


So Ordered





Documents

Breda Man Pleads Guilty to Assault on Persons Engaged in Certain Activities