Olathe ? An Olathe woman who pleaded no contest to second-degree murder in the death of her newborn daughter, found in a commercial trash container almost two years ago, was found guilty by Johnson County District Judge Thomas Bornholdt after her plea Thursday.

A no-contest plea does not admit guilt, but acknowledges that prosecutors have enough evidence for a conviction.

Sentencing was set for Nov. 17 for Ashley C. Owen, 22, who is pregnant again. Both sides have agreed to recommend a five-year prison sentence, and Owen will not seek probation.

“It’s an appropriate end to a tragic case that really can have no good ending,” Assistant Dist. Atty. Chris McMullin said.

Had Owen been convicted at trial, McMullin had planned to ask the judge to depart upward from the nine-year sentence called for under state guidelines.

A trash collector found the baby girl, subsequently named Izabella, on Oct. 13, 2003. She had been wrapped in a towel and placed in a backpack before being put inside the trash container. Evidence in the backpack led police to Owen.

Owen, a former student at Kansas State University, said she was “taken advantage of sexually” at a fraternity house and became pregnant as a result.

She said she gave birth at her home in Olathe after concealing the pregnancy from her family and friends, and decided to dispose of the baby because she believed the girl was stillborn.

But at Owen’s 2004 preliminary hearing, a doctor testified that autopsy results showed the baby had breathed after being born.

“There is no question in my mind based on the medical evidence that a full-term child was born alive,” McMullin said Thursday.