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State v. Bailey

Court of Appeals of Iowa

May 1, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
SAMANTHA BAILEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Audubon County, Susan Christensen, Judge.

         Samantha Bailey appeals from judgment and sentences entered following her plea of guilty to two counts of child endangerment and one count of neglect of a dependent person.

          Eric D. Puryear and Eric S. Mail of Puryear Law P.C., Davenport, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., and Tabor and Bower, JJ.

          POTTERFIELD, PRESIDING JUDGE.

         Samantha Bailey appeals from judgment and sentences entered following her plea of guilty to two counts of child endangerment and one count of neglect of a dependent person. Because the district court did not abuse its discretion in denying Bailey's late-filed motions, the court did not err in imposing consecutive sentences for two counts of child endangerment, and there is a factual basis for her pleas, we affirm.

         I. Background Facts and Proceedings.

         On April 8, 2017, Bailey invited her two-year-old and five-year-old grandchildren to stay the night at her home.[1] When the children were dropped off, Bailey was not at home and the children's mother left them with Bailey's paramour. Bailey returned home from a casino at 5 a.m. on April 9, placed her purse on the floor near a dollhouse where the children played, and fell asleep.

         Later that morning, Wierninga saw the contents of Bailey's purse spilled on the floor of the front porch. The five-year-old was eating a piece of candy from the purse, and the two-year-old was searching for Easter eggs using the purse as her basket. About an hour later, Wierninga found what she believed to be methamphetamine and disposed of it in the sink.

         When the children's father arrived to pick them up on the morning of April 9, he noticed Bailey asleep on the couch and the contents of her purse spilled on the floor. He also saw drugs scattered on the floor. The father noticed the children were acting strangely. He took the children to their mother's house where the older child began to experience vacillating emotions. The father called Bailey, who admitted she had Adderall in her purse.[2]

         The mother took the children to a local hospital. The youngest child was having severe seizures and was in acute respiratory failure. She was intubated, placed on a ventilator, and given anti-seizure medications. The five-year-old exhibited seizures, hallucinations, and slurred speech. The children were later life-flighted to a larger hospital.

         Deputy Sheriff David Beane went to Bailey's home on the afternoon of April 9. Bailey gave the officer permission to search for the pills the children had taken. The officer had been told that the children had gotten into Bailey's purse that had been on the floor of the porch. So, he first dumped out Bailey's purse. He found a sealed bottle of a pain reliever, but no other drugs. He then searched the porch and found a capsule of cephalexin.[3] The deputy seized the pill; Bailey told him there should have been two of those pills.

         The deputy continued to search. Bailey was crying. She told the deputy there had been six Adderall pills in her purse and that she could not find any of them. She stated she did not have a prescription for the Adderall. Bailey also told the deputy that there had been approximately one gram of methamphetamine in her purse in a green wrapper. The deputy called the hospital to advise that the children may have taken methamphetamine. He went back and shook Bailey's purse, and a small rock fell out of it. Bailey identified the rock as methamphetamine and exclaimed "what a piece of shit" she was for doing this to her grandchildren. She told the deputy she had been up painting her bathroom until 2:30 a.m. on April 9, when a friend called to invite her to go to the casino as it was Bailey's birthday. Bailey and her friend went to the casino and Bailey got home at 5:30 a.m. Everyone was asleep when she got home, so Bailey went to bed. She told the deputy that she left her purse on the floor of the porch near a dollhouse where the young grandchildren were known to play.[4]

         A drug screen revealed that both children had methamphetamine, Ecstasy, and ...


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