5D07-2897 Nathaniel Beatty v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-2897

Case Date: 06/02/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

NATHANIEL BEATTY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 6, 2008. Appeal from the Circuit Court for Volusia County, J. David Walsh, Judge. Gilbert A. Schaffnit, Law Office of Gilbert A. Schaffnit, Gainesville, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-2897

COHEN, J. Nathaniel Beatty appeals his sentence as an adult for two counts of lewd and lascivious molestation upon a child in violation of section 800.04(5)(c), Florida Statutes (2005). He argues that the trial court failed to properly consider the criteria for imposing adult sanctions in section 985.565(1)(b), Florida Statutes (2006), and imposed an illegal sentence that exceeded the statutory maximum for a second-degree felony. We affirm in part and reverse in part.

The facts of this case are disturbing on many levels. Beatty pled guilty to two counts of lewd and lascivious molestation on a nine-year-old boy. His family and the victim's were neighbors and close friends. Beatty, who was fourteen and fifteen years old when he committed the offenses, often cared for the young boy. Over a sixteenmonth period, Beatty repeatedly orally and anally assaulted the victim. Beatty, a high school student, was physically large for his age and much larger than the fifth-grade victim. Beatty, who studied karate, threatened the boy with harm if he disclosed the abuse to his parents. When the assaults came to light, law enforcement was notified, and an investigation followed. After being advised of his Miranda warnings, Beatty

confessed to sexual relations with the boy, but claimed the encounters were consensual. Beatty ultimately pled guilty, as charged, with no agreed disposition. The court ordered a presentence investigation and juvenile predisposition report and set a sentencing hearing. That hearing lasted over six hours. The State presented testimony from the victim's mother as well as a written statement from the victim. The defense presented testimony from family friends and acquaintances of Mr. Beatty, a teacher, licensed mental health counselors, a forensic psychologist, a juvenile probation officer with the Department of Juvenile Justice, Mr. Beatty's mother and Mr. Beatty. Beatty was seventeen years old at the time of his sentencing. The State requested Beatty be sentenced as an adult pursuant to the sentencing guidelines. See

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