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10 year sentence upheld for Mason City burglar

Montez Guise Montez Guise

Iowa Supreme Court reverses ruling by the state Court of Appeals.

Posted: Dec. 14, 2018 11:08 AM

DES MOINES, Iowa – The sentence of a North Iowa burglar is upheld by the state’s Supreme Court.

Montez Javon Lamont Guise, 27 of Mason City, was arrested in January 2017 after law enforcement said he forced his way into a Mason City home on New Year’s Eve and physically prevented two people inside from leaving. Montez eventually pleaded guilty to 2nd degree burglary and a false imprisonment charge was dismissed.

In March 2017, the District Court judge ignored a plea deal that called for Guise to receive a suspended sentence and instead gave him up to 10 years in prison. As part of the sentencing, an Iowa Revised Risk assessment was done of Guise and recommended he be supervised at “an intensive level.” Guise argued the judge should not have used that evaluation at his sentencing.

The Iowa Court of Appeals agreed the risk assessment should not have been used and vacated Guise’s sentence. The Iowa Supreme Court reversed that decision Friday, stating the judge was allowed to consider the assessment because Guise did not object to it at his sentencing, and reinstated his 10 year prison sentence.

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