Ruling Opens Way For Young Convicts
By John Pacenti, Palm Beach Post Staff Writer
Originally published in The Palm Beach Post, July 25, 2002
Whether it was Nathaniel Brazill or other kids convicted of gun crimes, judges repeatedly have thrown up their hands and said they have no discretion but to sentence such youths under the state's tough 10-20-Life mandatory sentencing law.
On Wednesday, an appellate court untied judges' hands in such cases involving young—but violent—defendants.
Ruling in an armed kidnapping case, a three-judge panel said judges can consider weaker "youthful offender" sentences in lieu of 10-20-Life for defendants who qualify. The difference can be enormous: life in prison under 10-20-Life or a maximum of 6 years under the state's youthful offender statute.
"Before this decision nobody believed there was an alternative," said Val Rodriguez, who represents Vincent Beatrice in the appeal.
Mike Edmondson, the state attorney's spokesman, said the 10-20-Life law needs tweaking.
"The legislature needs to address whether lawmakers intended for the 10-20-Life law to apply to young adults who are eligible under youthful offender (sentencing guidelines)," he said.
Florida has numerous other mandatory sentencing laws besides 10-20-Life, and the DCA noted it has allowed youthful offender sentencing in some of those cases. It also cited another state appellate court's opinion that concluded a youthful offender sentence could be imposed where 10-20-Life would normally apply.
Under 10-20-Life, defendants must serve 10 years in prison if convicted of brandishing a gun, 20 years for firing the weapon and up to life if someone was hurt during the crime. Defendants convicted of such crimes don't get time off for good behavior while incarcerated.
Questions linger about the ruling. It speaks strictly to the Beatrice case in which the defendant, then 18, was accused of trying to kill a man who he felt had sexually abused his best friend. He was sentenced to 10 years. The DCA has ruled that Beatrice must be resentenced, though the state could appeal to the Supreme Court.
The appeal court decision could be used by defense lawyers for other youths in attempts to get their sentences reduced.
The most well-known 10-20-Life cases is that of Brazill, convicted in the shooting death of Lake Worth Middle School teacher Barry Grunow two years ago.
"This decision would have applied to Nathaniel," Rodriguez said.
State Attorney Barry Krischer's office scoffs at such a notion. Brazill was 13 at the time of the crime and the youthful offender law applies only to defendants between 18 and 21 years old. But the law also states a defendant is eligible for a youthful offender sentence if transferred to the criminal adult courts as a juvenile, Rodriguez said.
Whether Brazill qualifies even under those circumstances is unclear. A grand jury indicted Brazill for first-degree murder. He was found guilty of second-degree murder and is serving 28 years at the Hillsborough Correctional Institution.
David McPherrin, the assistant public defender handling Brazill's appeal, said he is reviewing the appellate decision.
"It was something I wanted to look at more closely and see if it has an effect on Nathaniel," he said.
