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Woman who stole $1,795 from Kohl’s gets deferred judgement, probation


This news story was published on August 12, 2012.
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MASON CITY – Former Kohl’s employee Daphne Jo Lincicum, age 20, has received a deferred judgment for treating her employer’s cash register as her personal piggy bank.

Lincicum (pictured) was charged with one Class D felony count of theft in the 2nd degree on January 9th after Mason City Kohl’s discovered she had taken $1,795 in cash from registers while she was employed there. Following the complaint from Kohls Lincicum was arrested and jailed before being bailed out hours later on a $5,000 bond issued by Liberty Bonding Agency Inc.

Lincicum had originally pled not guilty but a plea change hearing was scheduled the day before a scheduled pre-trial conference in the case.

Following the plea change hearing sentencing was set for July 9th before being continued to August 7th.

At the scheduled sentencing on Tuesday, August 7th, presiding District Court Judge Rustin T. Davenport handed down a deferred judgment for the felony theft in the 2nd degree charge. Judge Davenport ordered Lincicum to pay Kohl’s $1,795 in restitution and serve two years of probation with the Iowa Department of Corrections. In addition Lincicum is required to pay $355 in court fees, legal representation, and surcharges.

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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10 Responses to Woman who stole $1,795 from Kohl’s gets deferred judgement, probation

  1. Anonymous Reply Report comment

    August 12, 2012 at 7:39 pm

    Good old Mason City for ya! They don’t want the honest people go figure and I bet she starts work on time tomarrow!

  2. dont steal n mad u got caught Reply Report comment

    August 12, 2012 at 2:56 pm

    @anonymous…Perhaps they should have.. lol

    • Xevious Reply Report comment

      August 12, 2012 at 4:11 pm

      Crooks r always pissed the got caught. And. It’s never their fault.

  3. LVS Reply Report comment

    August 12, 2012 at 2:18 pm

    WOW-what a way to discourage people from stealing. I bet she feel really punished.

    • Anonymous Reply Report comment

      August 12, 2012 at 2:42 pm

      How would you know how she feels? I don’t know her but she doesn’t look very happy in the pic. What about the sentence don’t you like? Perhaps they should have cut off her hands?

      • Heather Reply Report comment

        August 12, 2012 at 2:59 pm

        I’m pretty sure no-one looks happy in their pictures… It’s not glamour shots… She’s just upset she got caught, I do imagine she was smiling pretty while doing the crime and spending the stolen money. Also, I believe she should have gotten some more jail time rather than probation, since you are asking.

      • bodacious Reply Report comment

        August 12, 2012 at 5:08 pm

        Seems to me from what I read, she has to pay back the money she stole, spend 2 years on probation, and pay court costs. Sounds reasonable to me. Why cut off her hands? She is paying for her crime.

      • Anonymous Reply Report comment

        August 12, 2012 at 7:33 pm

        Make her pay back the money earning minimum wage working at the soap kitchen or other non profit.

      • Anonymous Reply Report comment

        August 16, 2012 at 5:26 pm

        Heather said, “Also, I believe she should have gotten some more jail time rather than probation, since you are asking.”

        Unfortunately, Iowa law does not allow “jail time” for felonies. The choices are either probation or prison (starting at five years). For felony theft, the sentence has to be either probation or a five or ten year prison term.

    • Shutta Reply Report comment

      August 13, 2012 at 12:06 pm

      Ummmm, obviously you don’t get out much. Kohl’s pays minimum wage. So in reality she could go work anywhere in this crap town & make minimum wage to pay back the money. She’s been punished, let’s get the real criminals, the drug dealers, & violent offenders please. Leave petty theft to be paid back. SMDH.