from the Iowa District Court for Scott County, Mark J. Smith
(guilty plea) and Paul L. Macek (sentencing), Judges.
appeals her convictions and sentence on three counts of child
endangerment resulting in injury. AFFIRMED.
C. Smith, State Appellate Defender, and Shellie L. Knipfer,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Mullins, P.J., and Bower and McDonald, JJ.
Ford appeals her convictions and sentence on three counts of
child endangerment resulting in injury. We find the district
court did not abuse its discretion in sentencing Ford. The
record does not show the court relied on inappropriate
factors for the sentence. We affirm Ford's convictions
lived with Jannero Mendez and her three daughters. On
December 17, 2015, the State charged Ford with child
endangerment, multiple acts, and two counts of child
endangerment resulting in injury. Each count related to one
of the children.
24, 2016, Ford pled guilty to three counts of child
endangerment resulting in injury, in violation of Iowa Code
section 726.6(6) (2015). During the plea colloquy, Ford
specified she was pleading guilty under section 726.6(1)(e),
which provides a person commits child endangerment if the
Knowingly permits the continuing physical or sexual abuse of
a child or minor. However, it is an affirmative defense to
this subsection if the person had a reasonable apprehension
that any action to stop the continuing abuse would result in
substantial bodily harm to the person or the child or minor.
district court accepted Ford's guilty pleas to the three
sentencing hearing was held on August 24, 2016. The court
sentenced Ford to a term of imprisonment not to exceed five
years on each charge, with counts I and II to run
consecutively, and count III to run concurrently to the other
counts. The court stated:
The defendant should be incarcerated for the following
reasons: The recommendation of the State and the reasons for
that recommendation; the recommendation of the presentence
investigator and the reasons for that recommendation; the
nature of this offense. First of all, we have three separate
victims. The age of the victims at the time of the crime were
approximately eight months, two years, and three years. The
violence inflicted on each of the victims, the neglect. The
eight-month-old was suffering from conditions of starvation.
For reasons of specific deterrence, that means that
you'll never do these things or allow these things to
happen again to any child in your care; and also general
deterrence so that the whole world knows that this sort of
thing should not occur, in case anybody needed to be told.
Also for the reasons that I just stated, Count I and Count II
should run consecutively. Count III will run concurrently
with Counts I and II. For purposes of the reasons for the
consecutive nature of the sentencing, I think it is
particularly telling that the eight-month-old had rib
fractures. Even in a child that age, it must take significant
force to break a bone. And the ...