MASON CITY – A Mason City man who was just released from Cerro Gordo County Jail on Monday after serving 15 days as part of a negotiated guilty plea in an unauthorized use of a credit card case received a deferred judgment on a reduced 2nd degree burglary charge in a separate case.
On August 26th, 2011 Mason City police implicated Felix Arp and Terry Arp in a late night 1st degree burglary in the 700 block of Delaware Ave North in Mason City. Terry Arp was captured the next morning by law enforcement at the scene of a rollover accident in rural Mason City.
23-year-old Terry Arp had initially pled not guilty but entered a negotiated voluntary guilty plea to an amended class C felony charge of 2nd degree burglary.
At the sentencing hearing in the burglary case on Monday, April 9th, in Cerro Gordo County District Court presiding District Court Judge Rustin T. Davenport handed down a deferred judgment in the case ordering Terry Arp to serve 3 years of probation with the Iowa Department of Corrections. In addition Judge Davenport imposed a $1,000 civil penalty and ordered Arp to pay an additional $305 in court costs and surcharges.
The other defendant in the case, Felix Arp, pled guilty to a reduced charge of trespass with injury or damage and was sentenced in December 2011 as part of the negotiated voluntary plea. Judge Stephen Carroll sentenced Felix to 180 days in jail for the amended trespass conviction, and another 180 days in jail for the voluntary absence from Beje Clark. In addition Felix’s 5 year suspended prison term was imposed by Judge Stephen Carroll in another burglary case after being found guilty of violating probation a 2nd time.
A deferred judgment refers to a postponed or delayed judgment. In a deferred judgment, the court gives a defendant an opportunity to complete a probationary period before sentencing and prior to any entry of conviction. If the defendant successfully completes probation at the conclusion of the probationary period the court will review the defendant’s file and may dismiss the charges against him/her.
If the defendant does not follow all of the terms and conditions of probation the court may enter the conviction and sentence the defendant accordingly. Normally, if a person pleads guilty or is found guilty of new criminal charges the case proceeds to sentencing. When a deferred judgment is obtained the case is frozen between the guilty plea and sentencing.
Felix Arp
Terry Arp
SUBJECTS ARE INNOCENT UNTIL PROVEN GUILTY.
