E-FILED 2016 JUL 05 11:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR013050
Plaintiff,

v.

JUDGMENT ENTRY AND

SENTENCING ORDER

LON CURTIS LIPPINCOTT,

Defendant.

CHARGE:

Operating While Intoxicated, First Offense, a serious misdemeanor,

as amended, in violation of Iowa Code 321J.2

Defendant previously entered a plea of guilty to the above charge and the Court
previously accepted Defendants guilty plea to the charge. A sentencing hearing was
scheduled for todays date. There is no Motion in Arrest of Judgment on file and no
legal cause appears to exist to show why the Court cannot now proceed to judgment
and sentencing. Due to Defendants waiver of Defendants right to be present for
sentencing and waiver of the formality of the record otherwise required by Rule 2.23
and other applicable rules of the Iowa Rules of Criminal Procedure, the Court now
proceeds to judgment and sentencing without Defendants presence.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and

E-FILED 2016 JUL 05 11:25 AM SAC - CLERK OF DISTRICT COURT

(5)

the court costs of this action.

Defendant shall pay all 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 to be developed by
his probation officer.
b.

Defendant shall serve thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by September 5, 2016.

Defendant may participate in a 48-hour Weekend Alcohol Program

and receive credit towards 48 hours of the jail sentence. If
Defendant does not serve the jail sentence by that date, in addition
to Defendant being subject to contempt of court or probation
revocation proceedings, upon written request from the Sheriff, the
Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order.
In compliance with Iowa Code Section 356.7 (2011),
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.

As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions 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

E-FILED 2016 JUL 05 11:25 AM SAC - CLERK OF DISTRICT COURT

agreement requested by the Probation

Telephone contact is not sufficient;

Supervisor.

(2)

Defendant shall obey all laws;

(3)

Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription; and

(4)

Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;

d.

Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and

e.

Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.

3.
The Court grants 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 $2,500.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
Clerk Shall Furnish Copies To:
County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

E-FILED 2016 JUL 05 11:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR013050

Case Title
STATE VS LON CURTIS LIPPINCOTT
So Ordered

Electronically signed on 2016-07-05 11:25:59

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