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CHESTERFIELD COURT HOUSE, Va. (AP) — A man who overdosed on heroin and collapsed in a Wendy’s bathroom while with his 6-month-old daughter has been put on supervised probation.

The Richmond-Times Dispatch reports that 20-year-old Daniel Brody Stephenson was sentenced on Monday to five years in jail. A judge suspended the sentence and Stephenson was given probation instead. The newspaper reports that police responded to a medical emergency at a Chesterfield Wendy’s on Oct. 31. They found Stephenson on the floor and revived him. The child wasn’t injured.

Stephenson pleaded guilty to felony child neglect in January. Circuit Judge David E. Johnson said he was tempted to have Stephenson serve the full sentence behind bars, but advisory sentencing guidelines called for probation. The judge also ordered Stephenson to submit to random drug and alcohol testing.

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Information from: Richmond Times-Dispatch, http://www.richmond.com