7/30/2019 Trial Date Set in the Matter of State vs Jacob Donald Lawler
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E-FILED 2013 JUN 27 3:36 PM SAC - CLERK OF DISTRICT COURT
7/30/2019 Trial Date Set in the Matter of State vs Jacob Donald Lawler
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E-FILED 2013 JUN 27 3:36 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 JUN 27 3:36 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE 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
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E-FILED 2013 JUN 28 11:34 AM SAC - CLERK OF DISTRICT COURT
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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 Trial
Information 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 THIS
OFFENSE, 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
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E-FILED 2013 JUN 28 11:34 AM SAC - CLERK OF DISTRICT COURT
7/30/2019 Trial Date Set in the Matter of State vs Jacob Donald Lawler
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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
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E-FILED 2013 JUN 28 11:34 AM SAC - CLERK OF DISTRICT COURT
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EN T H E I O W A D I S T R I C T C O U R T F O R Sac 2813JUL-I AM 8*80C O U N T YS T A T E O F I O W A orPlaintifETetitioner,vs.
Defendant/Respondent.
Criminal CivilN o.
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 F C O U N S E L
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 KStreet/P.O. Bo x
VApt # City
Doyou have a job? N o Job Yes, Full Time Yes, Part Time (List Hours/week:Whodo you work for?
State ZipIn Jail?X3^Y es N o
)
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 withyou? I
per hour month year
oIf a spouse lives withyou, how muchmoney does your spouse make?List%ll otherVnoney you, or anyone else living in your household, has coming in
per hour month year.: ) Wi( \J\fY)List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worthmore 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 berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit. I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay foran attorney to represent me.
Rev. 1/6/12
7/30/2019 Trial Date Set in the Matter of State vs Jacob Donald Lawler
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,VS.JACOB DONALD LAWLER ,
DEFENDANT.
02811 FECR012342
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 Charles Schulte, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.
712 662 4715
COPY PROVIDED TO DEFENDANT
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E-FILED 2013 JUL 02 10:04 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012342 STATE VS JACOB DONALD LAWLER
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2013-07-02 10:04:25
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E-FILED 2013 JUL 02 10:04 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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 MainSt. 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) 662-4715Fax: (712) 662-4884
Original filed
Copy to: County Attorney
E-FILED 2013 JUL 02 4:17 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VSJACOB 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 DefendantCopy Provided to Plaintiff
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E-FILED 2013 JUL 05 11:06 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012342 STATE VS JACOB DONALD LAWLER
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-07-05 11:06:23
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E-FILED 2013 JUL 05 11:06 AM SAC - CLERK OF DISTRICT COURT
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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.
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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 SmithBenjamin John Smith - AT0008834
Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583
Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
FECR012342 STATE VS JACOB DONALD LAWLER
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
E-FILED 2013 JUL 31 11:44 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
JACOB DONALD LAWLER,
Defendant.
Case No. FECR012342
ATTACHMENT TO TRIAL
INFORMATION: WITNESS LIST
TED HELMICH, Chief of Police, Lake View Police Department
KEN MCCLURE, Sheriff, Sac County Sheriffs Department
KAYLEE LAWLER
LAURA LAWLER
E-FILED 2013 JUL 31 10:33 AM SAC - CLERK OF DISTRICT COURT
7/30/2019 Trial Date Set in the Matter of State vs Jacob Donald Lawler
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,Plaintiff,
VS.
JACOB DONALD LAWLER,Defendant.
CRIMINAL NO. FECR012342
ORDER SETTING ARRAIGNMENTAND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust 2013 at9:00 a.m..
The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.
IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody 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 DistrictDepartment of Correctional Services.
Other:
E-FILED 2013 JUL 31 11:44 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
FECR012342 STATE VS JACOB DONALD LAWLER
So Ordered
Electronically signed on 2013-07-31 11:44:28 page 2 of 2
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E-FILED 2013 AUG 12 11:50 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 AUG 12 11:50 AM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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
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E-FILED 2013 AUG 12 2:06 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012342 STATE VS JACOB DONALD LAWLER
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-08-12 14:05:30
E-FILED 2013 AUG 12 2:06 PM SAC - CLERK OF DISTRICT COURT