Judges question if child porn convict s life sentence cruel and unusual
NAPLES, Fla. In his quest to get out of prison before dying, Daniel Guevara Vilca might have found a couple of sympathetic ears.
Two state appeals court judges in Tampa questioned Wednesday whether Vilca, 29, of East Naples, received a cruel and unusual punishment when he patagonia outlet onlinewas sentenced to life in prison nearly three years ago for possessing 454 computer files of child pornography. Even though Vilca never touched a child or distributed the files, the structure of Florida child pornography laws mandated the life sentence following a jurypatagonia better sweater jacket sizing guilty verdict.
While it will likely be months before the three judge 2nd District Court of Appeals panel rules on the case, and reading too much into appeals judges questions can be a fool errand, the tone of two judges who spoke Wednesday encouraged one of Vilca lawyer, Marc Seitles.
Photo gallery: Vilca sentenced to life in prison
can ever read a court, but we were optimistic based on the questions they were asking, Seitles said.
Vilca was arrested in January 2010 after Colpatagonia down limited editionlier County sheriff detectives traced child pornography downloads to his computer. They found hundreds of explicit images and videos depicting sexual abuse of children in several folders on the laptop.
Under Florida law, prosecutors can charge Vilca fopatagonia guide hoody womensr each image or video. As a result, Vilca went to trial on 454 felony counts of child pornography possession. A jury convicted him in October 2011.
Florida sentepatagonia better sweater jacket sizing1ncing scoresheet requires a minimum prison sentence of roughly three months for each count, totaling 152 years in prison forpatagonia better sweater jacket sizing3 Vilca.
Photo gallery: Vilca found guilty on 454 counts of child pornography possession
But few criminal charges in Florida result in hundreds of counts against a defendant, a fact highlighted during questioning Wednesday by Jupatagonia better sweater jacket sizing2dge Chris Altenbernd.
a kid goes into the 7 Eleven and steals eight packs of Oreos, we don charge him with eight counts of theft. We charge him with one, Altenbernd said.
Supporters of Florida laws say the lengthy sentences help stop the spread of child porn, with each charge representing one victim. Downloaders, they say, enable the market for child exploitation, resulting in thoupatagonia better sweater hoodsands of children being sexually abused every year.
wasn accidental, Assistant Attorney General Diana Bock argued Wednesday. was a developing pattern of behavior that could escalate. strpatagonia discount code daysucture of Florida child pornography possession laws differs from federal law, resulting in a major disconnect in potential punishments, the Daily News has found. Suspects with cpatagonia discount code supplementhild pornography arrested by federal agents typically are charged with a single count, which often results in prison sentences of about 10 years. For suspects with large child porn stashes, federal guidelines call for no more than a few additional patagonia everlong review headphonesyears behind bars.
Related article: Eastpatagonia everlong review mirror Naples man life sentence for child porn too harsh, attorney says
In Vilca case, had he been convicted and sentenced in federal court, he likely would have received between 10 and 15 years in prison.
Vilca lawyers have argued his sentence is disproportionate to other crimes. Murderers, rapists and those who physically abuse children sometimes receive lesser sentences than Vilca.
never harmed a child, he never exploited a child, he never committed violence, said Ashley Litwin, who argued the case Wednesday.
Judge Stevan Northcutt honed in on the difference between Florida laws for child pornography possession, which allow for hundreds of charges, and possession with ipatagonia guide pants gamentenpatagonia better sweater jacket sizing0t to promote, which often results in just a single charge.
concerns me that possession with intent to promote gets the person less (punishment) than simple possession, Northcutt said.
The third judge on the panel, Marva Crenshaw, didn question the lawyers. The panel also heard arguments raised by the defense, which alleged an illegal search and seizure and a procedural error at trial.
