Lake View Man Pleads Guilty To OWI 1st Offense

E-FILED 2014 MAR 29 3:39 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 29 3:39 AM SAC - CLERK OF DISTRICT COURT

SAC COUNTY J UDI CI AL MAGI S T RAT E COURT
WA R R E N L . BUSH, J UDI CI AL MAGI S T RAT E
SAC CI TY, I OWA 50583
(712)662-7791
BOND A G R E E ME N T
RE NZ E , ROBERT A L L E N (PLEASE PRINT), have been charged with the
crime of: OP E RAT I NG W/ I NTOXI CATED 2ND-321 J.2(2)(b), ELLDING-321.279(3), I NT E R F E R ANC E OF F I CI AL ACTS 719.
and promise to appear in the Sac County Magistrate Court
7TH dayof AP RI L 2014, AT 9:30 A M
(C HE C K #1 OR #2
My appearance bond has been set at and
agree to post all of such bond or 10% as allowed in
order to secure my release.
y 2. I have been released on my own recognizance pending my
appearance at Magistrate Court.
< / 2-/ 2J understand I have the right to be represented by an attorney.
I f! cannot afford one, one will be appointed for me upon application.
^ P-/2^ I understand there are severe penalties for failing to honor this
agreement.
yr understand my failure to appear at the designated date will cause
' this agreement to become null and void anc
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issued by the Judicial Magistrate.
id a warrant for my arrest will be
Signature of Innrate
Bond posted by:
Address:
Amount: Dated:
The party who posted the bond agrees that any fines, surcharges, costs,
restitution and other amounts owed may be paid therefrom upon disposition.
That party further agrees that, if any sums remain, it may be used for repayment
of accrued or accruing room and board charges during incarceration in jail.
Received by:
Signature of Person Posting Bond (Surety)
Jailer
Clerk of Court/Designee
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, : CRIMINAL NO.: OWCR012528
SMCR012527
Plaintiff, :

vs. :
APPEARANCE; PLEA;
ROBERT ALLEN RENZE, : WAIVER OF PRELIMINARY
HEARING; AND REQUEST
Defendant. : TO CONSOLIDATE

COMES NOW attorney, Robert G. Rehkemper, and hereby enters his
Appearance for the Defendant in the above captioned case. The Defendant pleads
NOT GUILTY and waives Preliminary Hearing. Defendant further requests that
any companion citations and/or misdemeanors be consolidated and that an
arraignment date be set.

Respectfully submitted,

Gourley, Rehkemper & Lindholm, PLC

________________________________
By: Robert G. Rehkemper, AT6553
440 Fairway, Suite 210
West Des Moines, IA 50266
Telephone Number (515) 226-0500
Facsimile: (515) 244-2914
E-mail: rgrehkemper@grllaw.com
ATTORNEY FOR DEFENDANT

ORIGINAL FILED.
Copy to:
Sac County Attorney

CERTIFICATE 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 April 4, 2014.

By: U.S. Mail FAX
Hand Delivered Overnight Courier
Certified Mail Other

Michelle Nulph
E-FILED 2014 APR 04 1:44 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA, : CRIMINAL NO.: OWCR012528
SMCR012527
Plaintiff, :

vs. :
APPEARANCE; PLEA;
ROBERT ALLEN RENZE, : WAIVER OF PRELIMINARY
HEARING; AND REQUEST
Defendant. : TO CONSOLIDATE

COMES NOW attorney, Robert G. Rehkemper, and hereby enters his
Appearance for the Defendant in the above captioned case. The Defendant pleads
NOT GUILTY and waives Preliminary Hearing. Defendant further requests that
any companion citations and/or misdemeanors be consolidated and that an
arraignment date be set.

Respectfully submitted,

Gourley, Rehkemper & Lindholm, PLC

________________________________
By: Robert G. Rehkemper, AT6553
440 Fairway, Suite 210
West Des Moines, IA 50266
Telephone Number (515) 226-0500
Facsimile: (515) 244-2914
E-mail: rgrehkemper@grllaw.com
ATTORNEY FOR DEFENDANT

ORIGINAL FILED.
Copy to:
Sac County Attorney

CERTIFICATE 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 April 4, 2014.

By: U.S. Mail FAX
Hand Delivered Overnight Courier
Certified Mail Other

Michelle Nulph

STATE OF IOWA,

Plaintiff,

v.

ROBERT ALLEN RENZE ,

Defendant.

02811 OWCR012528

ORDER

Counsel has appeared for defendant and shall be responsible for advising the defendant of his rights
and the range of penalty. Defendant must obtain a substance abuse evaluation and provide the clerk
with a copy within 30 days.

1 of 2
State of Iowa Courts
Case Number Case Title
OWCR012528 STATE VS ROBERT ALLEN RENZE
Type: OTHER ORDER
So Ordered
Electronically signed on 2014-04-07 12:03:22
2 of 2
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.

Case No: 02811 OWCR012528

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

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 Hearing is
scheduled on 05/21/2014 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 2014 MAY 06 12:36 PM SAC - CLERK OF DISTRICT COURT
Type: ORDER FOR ARRAIGNMENT
So Ordered
Electronically signed on 2014-05-06 12:37:04 page 2 of 2
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012528
Plaintiff,
vs.
TRIAL INFORMATION
ROBERT ALLEN RENZE,
DOB: 04/17/1974
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, Robert Allen Renze
of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated
Misdemeanor in violation of Iowa Code Section(s) 321J.2 committed as follows:
The said Defendant, Robert Allen Renze, on or about March 28, 2014, 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 having been convicted of/received a deferred judgment for the crime once before; the said
Defendant Robert Allen Renze having been convicted of the crime of Operating While
Intoxicated (Driving Under the Influence of Alcohol) in the State of Illinois, the County of LaSalle,
in LaSalle County Circuit Court case #2005DT000157, on or about July 6, 2006.
COUNT II
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, Robert Allen Renze of
the crime of ELUDING, a Serious Misdemeanor in violation of Iowa Code Section 321.279(1)
committed as follows:
2
Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle and willfully fail to bring
the motor vehicle to a stop or otherwise elude or attempt to elude a marked official law
enforcement vehicle that is driven by a uniformed peace officer after being given a visual and
audible signal.
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
3
THE STATE OF IOWA vs. ROBERT ALLEN RENZE
Criminal No. OWCR012528
COUNT I: Operating While Intoxicated, Second Offense
COUNT II: Eluding
NAMES OF WITNESSES:
JOHN MEISTER, OFFICER, LAKE VIEW POLICE DEPARTMENT
JAMES WISSLER, IOWA STATE HIGHWAY PATROL, POST 4
KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KIM SNOOK, DIRECTOR OF DRIVER SERVICES, IOWA DEPARTMENT OF TRANSPORTATION
ANDREW F. SKOOG, CURCUIT COURT CLERK, LASALLE COUNTY ILLINOIS
Type: Approval of Trial Information
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
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.

Case No: 02811 OWCR012528

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

The defendant having filed a written arraignment in this matter on May 20, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 07/02/2014 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 07/22/2014 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.

1 of 3
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
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-05-20 15:03:30
3 of 3
E-FILED 2014 JUN 03 3:25 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA, No. OWCR012528
Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION- Count I
ROBERT ALLEN RENZE,
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 GUILTY 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 for Count I.
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
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 4, 2014 by:
[ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ ] Overnight Courier
[ ] Certified Mail [ x ] EDMS
Signature: /s/Norma Hecht
E-FILED 2014 JUN 04 11:58 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012528
Plaintiff,
AMENDED
vs.
TRIAL INFORMATION
COUNT I
ROBERT ALLEN RENZE,
DOB: 04/17/1974
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, Robert Allen Renze
of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
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
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
THE !OWA D!STR!CT COURT FOR SAC COUNTY

STATE OF !OWA, )
) CR!N. NO. OWCR012528 (Count I)
Plaintiff, )
) ORDER ACCEPT!NG PLEA
vs. ) AND JUDGNENT ENTRY
)
ROBERT ALLEN RENZE, ) Charge - OW!, First Offense
) Section - 321J.2, !owa Code
Defendant. )

NOW on the +
th
day of June, 201+, the defendant submits his verified written Plea of
Guilty. The defendant is charged with Operating While !ntoxicated, First Offense, as amended, in
violation of Section 321J.2 of the !owa Code. The State appears by Sac County Attorney, Ben
Smith. The Defendant waives his personal appearance and appears by counsel, Robert
Rehkemper.
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 5+2; Brainard v. State, 222 N.W.2d
711; and State v. Reaves, 25+ N.W.2d +88, 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 Notion 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 Operating While !ntoxicated, First
Offense, as amended, in violation of !owa Code Section 321J.2.
The Defendant is sentenced to be incarcerated in the Sac County Jail for a period of +8
hours, with credit for time served, if any, as certified by the Sheriff. The Defendant shall have
this sentence served in full by December +, 201+.
The Defendant is further sentenced to pay a fine in the sum of $1,250.00, plus a 35
surcharge, a $10.00 D.A.R.E. surcharge, and the court costs of this action, including correctional
fees as certified by the Sheriff.
Defendant shall pay these financial obligations to the Clerk of Court of this county or online
at www.iowacourts.gov. All such financial obligations shall be paid in full on or before the 30
th
day
following the filing of this Order. !f the financial obligations are not paid in full within 30 days of
filing of this Order, it may be considered a violation of this Order and the terms of Defendant's
probation. !n addition, pursuant to !owa Code Section 602.8107, a failure to pay in full within 30
days may result in this case being assigned to the Centralized Collection Unit of the !owa
Department of Revenue or its designee to collect the debts owed to the Clerk of Court. !n the event
this matter is assigned for collection, additional fees may be imposed pursuant to law.
The Defendant is further ordered to attend and successfully complete a course for
Drinking Drivers facilitated by the area community college or substance abuse treatment agency.
The Defendant is ordered to file proof of completion of the course for Drinking Drivers to the
Clerk of Court on or before December +, 201+.
Any bond money previously posted is released and exonerated.
Appeal bond is set in the sum of $1,000.00.
!T !S FURTHER ORDERED that Count !! of the Trial !nformation as well as Case Nos.
SNCR012527, STA0020176, and STA0020177 are dismissed upon motion of the county attorney
and pursuant to plea agreement. Costs are taxed to Defendant.

COP!ES TO:
County Attorney
Defense Counsel
Sac County Sheriff
!owa D.O.T.
Type: OTHER ORDER
So Ordered

Lake View Man Pleads Guilty To OWI 1st Offense

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E-FILED 2014 MAR 29 3:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 29 3:39 AM SAC - CLERK OF DISTRICT COURT

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