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E-FILED 2016 MAR 30 8:03 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAR 30 8:03 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAR 30 12:15 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR013050
vs.
LON CURTIS LIPPINCOTT ,
Defendant.

ORDER ON INITIAL APPEARANCE

Charges:
01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Aggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greater
than $6,250 except in the case of a conviction for second offense operating while intoxicated which
carries a minimum fine of $1,875 and a maximum of $6,250. In these cases a defendant can
be sentenced to up to two years imprisonment. In the case of a conviction for operating while
intoxicated, second offense, there is a minimum seven day jail sentence, and additionally, the
defendant's driver's license shall be revoked for one year unless the revocation is for test refusal in
which case the mandatory revocation shall be for two years.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
MANDATORY SUBSTANCE ABUSE EVALUATION:
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E-FILED 2016 MAR 30 12:15 PM SAC - CLERK OF DISTRICT COURT

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
You will be released from custody prior to trial on your own promise to appear at all further court
proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonably assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the amount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.

PRELIMINARY HEARING
Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Preliminary Hearing is scheduled on 04/19/2016 at 10:15 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa. in the magistrate courtroom.
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E-FILED 2016 MAR 30 12:15 PM SAC - CLERK OF DISTRICT COURT

If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU
MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM
THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
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
Defendant
Sac County Sheriff
The Court has provided a copy to the Defendant

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E-FILED 2016 MAR 30 12:15 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR013050
Type:

Case Title
STATE VS LON CURTIS LIPPINCOTT
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2016-03-30 12:15:37

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E-FILED 2016 MAR 31 1:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 APR 15 3:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR013050
Plaintiff,
vs.
TRIAL INFORMATION
LON CURTIS LIPPINCOTT,
DOB: 06/20/1950,
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, Lon Curtis Lippincott of
the crime of OPERATING WHILE INTOXICATED -SECOND OFFENSE, an Aggravated
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Lon Curtis Lippincott, on or about March 30, 2016 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of
the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. While any amount of a controlled substance is present in the person as measured in the
person's blood or urine;
and Defendant having been convicted of the crime once before; the said Lon Curtis Lippincott
on or about the 20th day of August 2007, having been convicted of the crime of Operating While
Intoxicated in Crawford County Iowa in Crawford County District Court, case OWCR061492.
A TRUE INFORMATION

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2016 APR 15 3:22 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. LON CURTIS LIPPINCOTT


Criminal No. OWCR013050
COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:
KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JONATHAN MEYER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
KAREN KAHL, CLERK OF DISTRICT COURT, CRAWFORD COUNTY IOWA CLERK
OF DISTRICT COURT

E-FILED 2016 APR 15 3:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
OWCR013050

Case Title
STATE VS LON CURTIS LIPPINCOTT

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

Electronically signed on 2016-04-15 15:22:46

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E-FILED 2016 APR 15 3:22 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR013050


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

LON CURTIS LIPPINCOTT ,

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 is
scheduled on 04/20/2016 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.

Clerk to provide notice or copies to:


County Attorney
Defendant/Defense Attorney

E-FILED 2016 APR 15 3:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR013050

Case Title
STATE VS LON CURTIS LIPPINCOTT
So Ordered

Electronically signed on 2016-04-15 15:22:46

page 2 of 2

E-FILED 2016 APR 19 8:44 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 APR 19 8:44 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 APR 19 8:44 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 APR 19 11:31 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
LON CURTIS LIPPINCOTT ,

Case No: 02811 OWCR013050


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on April 19, 2016.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/01/2016 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 06/21/2016 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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E-FILED 2016 APR 19 11:31 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

2 of 3

E-FILED 2016 APR 19 11:31 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR013050
Type:

Case Title
STATE VS LON CURTIS LIPPINCOTT
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2016-04-19 11:31:25

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E-FILED 2016 JUN 01 5:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
v.
LON CURTIS LIPPINCOTT
Defendant.

No. OWCR013050
REPORT OF PRETRIAL
CONFERENCE

COMES NOW, the parties, by and through the undersigned, and hereby
state the following:
1.

That on June 1, 2016, the parties conducted a Pretrial Conference as

ordered.
2.

That the State of Iowa appeared by the Sac County Attorney, Ben

Smith, and the Defendant appeared through his attorney, Joe Heidenreich.
3.

That the parties have reached a plea agreement: Defendant has agreed

to plead to count one amended to OWI first offense and the State has agreed to
recommend that defendant receive the minimum sentence, be placed on informal
probation, pay the minimum fine and all costs.
4.

That Defendant intends to waive presence at sentencing and the time

to waive time between plea and sentencing.

STATE OF IOWA

_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org

E-FILED 2016 JUN 02 9:32 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR013050
Plaintiff,
vs.

ORDER

LON CURTIS LIPPINCOTT ,


Defendant.

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 07/06/2016 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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E-FILED 2016 JUN 02 9:32 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR013050
Type:

Case Title
STATE VS LON CURTIS LIPPINCOTT
OTHER ORDER
So Ordered

Electronically signed on 2016-06-02 09:32:41

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E-FILED 2016 JUN 06 8:13 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.

CRIMINAL CAUSE NO. OWCR013050


AMENDED
TRIAL INFORMATION

LON CURTIS LIPPINCOTT,


DOB: 06/20/1950,
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, Lon Curtis Lippincott of
the crime of OPERATING WHILE INTOXICATED- FIRST OFFENSE, a Serious Misdemeanor
in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Lon Curtis Lippincott, on or about March 30, 2016 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of
the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. While any amount of a controlled substance is present in the person as measured in the
person's blood or urine.
A TRUE INFORMATION

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2016 JUN 06 8:13 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
OWCR013050

Case Title
STATE VS LON CURTIS LIPPINCOTT

On this date, I have reviewed the attached Amended Trial Information and find that it
contains 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
Amended Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered

Electronically signed on 2016-06-06 08:14:07

page 2 of 2

E-FILED 2016 JUN 06 8:13 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,

No. OWCR013050
REQUEST FOR LEAVE OF
COURT TO AMEND TRIAL
INFORMATION

vs.
LON CURTIS LIPPINCOTT,
Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information 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: OPERATING WHILE INTOXICATED FIRST OFFENSE, a Serious
Misdemeanor in violation of Iowa Code Section 321J.2.
5. A copy of the amended and substituted Trial Information is submitted to the Court.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on June 3, 2016
by:
[ ] U.S. Mail
[ ] Fax
[ ] Certified Mail
[x] EDMS
Signature: /s/Norma Hecht

E-FILED 2016 JUN 06 8:13 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No. OWCR013050
Plaintiff,
vs.
ORDER
LON CURTIS LIPPINCOTT,
Defendant.
NOW, on this 6th day of June, 2016, the Court is in receipt of the States Request
for Leave of Court to Amend Trial Information. The Request should be granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with Operating While
Intoxicated, First Offense, in violation of Iowa Code Sections 321J.2.

Clerk to furnish copies to:


County Attorney
Defense Counsel

E-FILED 2016 JUN 06 8:13 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 2016-06-06 08:14:07

page 2 of 2

E-FILED 2016 JUN 10 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 10 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 10 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 10 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 11 9:08 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
02811 OWCR013050
vs.

LON CURTIS LIPPINCOTT ,

Order Accepting Plea


and Setting Sentencing

Defendant.

NOW on this 10th day of June, 2016, the defendant submits a verified Written Plea of guilty.
The defendant is charged with Operating While Intoxicated, First Offense, in violation of Section
321J.2, of the Iowa Code.
The defendant states that defendant is ready to plead and enters a plea of guilty. 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 the defendant's 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 defendant's 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.
Sentencing Hearing is scheduled on 07/06/2016 at 9:30 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa , in Courtroom 1
To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certify
the defendant's participation in fingerprinting procedures at or before the time set for judgment and
sentencing proceedings.
Defendant shall obtain a substance abuse evaluation prior to the sentencing hearing.

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E-FILED 2016 JUN 11 9:08 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR013050
Type:

Case Title
STATE VS LON CURTIS LIPPINCOTT
ORDER TO ACCEPT PLEA
So Ordered

Electronically signed on 2016-06-11 09:08:05

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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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E-FILED 2016 JUL 06 4:35 PM SAC - CLERK OF DISTRICT COURT

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