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.