A convict who was incarcerated as a teen and fought to have his sentence ruled unconstitutional received a reprieve Thursday from the Arkansas Supreme Court, though not on the grounds he sought.
In briefs filed to the high court last year, Tyrell Benson argued that the 60-year sentence he was handed at the age of 18 for rape and robbery amounted to a "de facto life sentence" because of the likelihood that he would die in prison.
Benson, now 33, was not given the opportunity for parole at his 2003 sentencing because the rape occurred shortly after another violent episode involving Benson and he was deemed a habitual offender. His online prison profile lists an eligible release date in 2062.
But in a unanimous decision, with one justice concurring, the Supreme Court said the decision to make Benson ineligible for parole was made in error. The law regarding violent habitual offenders applies to those who commit crimes after they have already been found guilty of other violent offenses, the justices said.
Benson, however, committed string of crimes from March to May 2002. He was not convicted of any of his crimes until the next year.
Therefore, the justices said, Benson should be eligible for parole once he reaches age 55, well within his expected life span. The court issued Benson a writ of habeas corpus and remanded his case back to the Pulaski County Circuit Court, with instructions to correct his sentencing order.
By declaring Benson's current sentence invalid, the justices negated having to consider whether the 60-year sentence was constitutional.
Justice Rhonda Wood wrote the majority opinion, joined by Justices Karen Baker, Shawn Womack, Robin Wynne, Courtney Goodson and Chief Justice Dan Kemp. Justice Josephine "Jo" Hart concurred with the outcome decided by the majority, but said a correction to Benson's sentencing order would not "entirely resolve" the issues he raised.
The U.S. Supreme Court, in the 2010 case Graham v. Florida, said that youths cannot be sentenced to life in prison for crimes other than murder. Benson said his sentence conflicts with that decision -- and the U.S. Constitution's protections against cruel and unusual punishment -- because he would not be eligible for release within his life expectancy, which he pegged at 73.
While the Arkansas Supreme Court has rejected that argument as recently as 2015, the justices asked Little Rock defense attorney Jeff Rosenzweig to represent Benson in his appeal because of the constitutional questions involved.
Benson, however, sought to handle the case on his own, and filed to have the court dismiss Rosenzweig earlier this year. Rosenzweig was still permitted to file an amicus brief in support of Benson's arguments.
In a phone call Thursday, Rosenzweig said he had not spoken to Benson recently, and he declined to speculate whether Benson would be satisfied with the high court's opinion. Benson is incarcerated at the Maximum Security Unit near Tucker.
Lawyers in Attorney General Leslie Rutledge's office had argued to uphold Benson's sentence and to deny a writ of habeas corpus. However, in briefs, they had conceded that Benson's sentencing order had improperly labeled him ineligible for parole.
In a statement Thursday, Rutledge's spokesman said the attorney general was "pleased" with the outcome of the case.
Metro on 11/30/2018