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Mason City man gets another deferred judgment

MASON CITY – Kurt Arthur Tappe, age 23, of Mason City has received another deferred judgment, this time in an OWI case.

Tappe had already received a deferred judgment this year for his role in delivering marijuana following a drug investigation by local law enforcement. Originally Tappe had been charged with three Class “D” felony counts of delivery of marijuana. On May 29th two of the charges were dismissed and a deferred judgment was handed down on the remaining count, netting Tappe 3 years of probation and 40 hours of community service.

While out on bail pending court proceedings in the marijuana delivery case a trooper with The Iowa State Patrol stopped a vehicle driven by Kurt Tappe. As a result of an investigation during the traffic stop Tappe was charged 1st Offense OWI.

Tappe had pled not guilty in the case but a plea change hearing was set shortly after his motion to suppress evidence in the case was overruled and denied.

At the plea change hearing on Monday, October 15th, presiding District Court Judge Gregg Rosenblatt handed down another deferred judgment to Tappe. Judge Rosenbladt assessed the mandatory $1250 fine for OWI and an additional $360 in court costs. Tappe was also ordered to serve 40 hours of community serve and serve one year of probation. Tappe received no jail time for the OWI.

Court records show Tappe is already serving 3 years of probation from the deferred judgment in May.

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.

Kurt Tappe
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