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Byron v. State

The defendant's sentence of 20 years to serve 15 after he was found guilty but mentally ill of voluntary manslaughter was within the statutory range.

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Following a bench trial, Derrick Byron was found guilty but mentally ill of voluntary manslaughter and sentenced to 20 years to serve 15. He appeals, arguing that the sentence was too harsh in light of his mental illness. Because the sentence was within the range allowed for this crime, we affirm. Construed in favor of the judgment, the evidence shows that in retaliation for a 12-year-old boy’s throwing an egg at him, 14-year-old Byron shot and killed the boy. Byron was indicted for murder, felony murder, and aggravated assault. At trial, expert testimony showed that Byron had a long history of mental illness but that he was aware of his actions. The court found him guilty but mentally ill of the lesser charge of voluntary manslaughter on the first two counts and acquitted him on the aggravated assault count.

During the sentencing hearing, Byron put on expert testimony about alternative sentences for the mentally ill, urging that prison confinement would not suit his treatment needs. The record also showed, however, that during his three years in prison prior to sentencing, Byron had progressed substantially. In compliance with OCGA § 17-7-131 g 1, the court sentenced Byron in the same manner as a defendant found guilty of voluntary manslaughter, sentencing him to 20 years to serve 15 in confinement.1 The court further ordered that he receive mental health treatment in prison.2 The court later denied his motions for new trial and for sentence modification, noting that he was continuing to progress in prison. He appeals, claiming his sentence was too harsh and should have included alternative forms of punishment.

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