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State v. Parson

Court of Appeals of Iowa

July 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
MORRIS LEE PARSON, JR., Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.

         The defendant appeals his sentences following his guilty pleas to one count of child endangerment causing bodily injury and one count of neglect of a dependent. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          POTTERFIELD, Judge.

         Morris Parson Jr. appeals the sentences imposed following his guilty pleas to one count of child endangerment causing bodily injury and one count of neglect of a dependent, pursuant to Iowa Code sections 726.6(6) and 726.3 (2016), respectively. He argues the sentencing court failed to consider the statutory factors. We affirm.

         I. Background Facts and Proceedings.

         On June 10, 2016, Morris Parson Jr. was charged by trial information with child endangerment causing serious injury (count I), in violation of Iowa Code section 726.6(1), and neglect of a dependent (count II), in violation of Iowa Code section 726.3. The charges arose from an incident between Parson and his girlfriend's five-month-old child.

         On May 2, 2016, Parson became frustrated with the infant after it would not stop crying. Parson shook the infant three to four times. The infant showed immediate signs of injury-its eyes would not focus, it made a strange sound, and became stiff. Parson and the mother took the child to the hospital for treatment, but they did not reveal the cause of the injury. The child suffered a life-threatening bilateral subdural hematoma.

         Parson pled guilty to child endangerment causing bodily injury, a lesser included offense to count one, and neglect of a dependent. The court accepted Parson's guilty plea and sentenced him to a five-year indeterminate prison term on count one and a ten-year indeterminate prison term on count two, which were to be served concurrently. The court discussed its basis for the sentencing decision:

The Court has carefully considered the factors and circumstances surrounding the offenses. The Court has
considered the statements and recommendations of counsel for the State and counsel for Mr. Parson as well as Mr. Parson's statement to the Court in this matter.
I have considered the PSI, but I am not taking into account page 11 of the PSI regarding the dismissed charges. I am also taking judicial notice of case number JVJV 239458, which was ...

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