A Jamestown, N.Y. woman was sentenced on retail theft and institutional vandalism charges on Thursday.

Casey R. Penhollow was set to be sentenced last Friday but appeared in court under the influence of several substances including methamphetamine.

Since then she’s birthed a child.

District Attorney Rob Greene said during Thursday’s proceeding that the child is in serious condition and may not survive.

Penhollow’s attorney, Rob Kinnear, said he advised her client not to address her substance use during this proceeding.

Kinnear described the underlying conduct regarding Thursday’s sentences as reflective of the “demons of drug addiction” and asked the court to focus on the conduct, not any collateral consequences.

Greene asked for an aggravated range sentence and said that her conduct at court — using substances such as methamphetamine while pregnant — “turns your stomach.”

That’s when he revealed that the child may not survive. He specifically mentioned the possibility of aggravated assault of an unborn child charges.

However, Penhollow will not be facing additional charges.

“Unfortunately, Pa. statute does not permit charging the mother of an unborn child with any crime against the unborn child,” Greene told the Times Observer later on Thursday. “Therefore, we will not be filing charges against Ms. Penhollow.”

Penhollow declined the opportunity to comment beyond indicating the child was born by caesarean section.

President Judge Maureen Skerda said the court considered that she was intoxicated at court last week while pregnant but also noted that Penhollow didn’t attempt to hide that fact from the court.

She then sentenced Penhollow to charges at two dockets.

At one, on a count of retail theft, she was sentenced to restrictive probation of up to two years less one day including 30 days incarceration, $1,025 in fines and fees, restitution to Walmart of $1,846.87 and a no contact/trespass order for Walmart property, submission of a DNA sample, 50 hours of community service and participation in the COG group.

At a second docket, she was sentenced on a count of institutional vandalism to two years probation, $675 in fines and fees, 50 hours of community service, participation in the COG group, to undergo a drug and alcohol evaluation and comply with any recommendations.

She was also ordered to pay $1,031 in restitution to the Warren County Jail. Skerda ordered that she was jointly and severally liable with Karen Peer for that amount.