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.
Well this is actually my relative that I don’t know. Shame.
Actully the judicial system is all about money I paid thousands of dollars and have had 2 deferred judgments and 2 deferred prosecutions 😉
You have to ask yourself, what is better for his rehabilitation? Two days in jail or an extended period on probation? He will be closely monitored by the Department of Correctional Services for a few years now. You wouldn’t have that with the mandatory minimum sentence for a first offense.
There is no jail time if judgment is deferred.
Simma down.
he is done next time though, in Iowa you can only get 2 deffered judgments in your lifetime.
I thought you only got 1 deferred judgment in your life? This is outrageous, sounds like all of our “judges” need to be voted out. 🙁
What the hell is going on??? I thought the iowa law was mandatory for anybody who has an owi to do two days in jail and the fine, plus court costs! I would seriously like to know who’s dick he sucked????? This is outragous. We the PEOPLE need to do something about these judges!!! Unreal!!
It would be interesting to see if all of the prosecutors are involved with the deferred judgments, or just a few. Obviously a defense attorney is going to ask for a deferred, but it is up to the county attorney’s office to resist it.
Vote them off!! They come up for election this November, if you vote.
No, they don’t. The only local judge on the ballot is Rustin Davenport.
Sorry, Judge James Drew is also on the ballot for retention.
Exactly, and when their cronies see them get voted out they will shape up or suffer the same fate sooner or later.
Ah-another mis-understood youth. Thankfully our liberal judges are giving him another chance to kill someone with his stupidity.
I totally agree with you LVS! I’m as sick as you are about how people seem to think that when they break the law that they somehow should get second chances. I am a firm believer of second chances, just not to law breakers. The notion of people defending their friends and family by saying things such as “he/she made a mistake”, or “are you so perfect”, or my favorite, “you don’t know him/her” somehow makes what they did ok…. well it’s not! I don’t need to know these idiots, I’ve got enough in my life as it is.