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Employee who stole from Advanced Auto receives deferred judgment

MASON CITY – Mason City police went to Advanced Auto on December 15th, 2011 after the business called to report a theft that had allegedly occurred that day. As a result of the investigation police arrested an employee of the store. Corey Douglas Kenney, now age 23, of Stacyville was charged with felony charge of 2nd degree theft.

Corey Kenney entered a written plea of guilty to the charge of 2nd degree theft on March 5th, 2012.

At the scheduled sentencing hearing on June 4th, newly appointed District Court Judge DeDra L. Schroeder handed down a deferred judgment in the case. Judge Schroeder sentenced Kenney to serve 3 years of probation with the Iowa Department of Corrections and repay $2385.97 restitution for unrecovered property in the case. Judge Schroeder also imposed a $750 civil penalty, $300 in court costs and a $125 surcharge.

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.

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