GULFPORT, Mississippi — The state Court of Appeals has upheld the 40-year sentence given a Gulfport man convicted of abusing a 2-year-old girl while he was her caregiver.
Daniel Wayne Byers was convicted in Harrison County in 2013 on two counts of felony child abuse. He was given 40 years on each count to run concurrently.
Prosecutors say Byers took the girl to Garden Park Medical Center in 2011 because she was in severe pain. The girl was diagnosed with a fractured femur and had bruises and scrapes on her head, neck, chest and back side of her body.
Byers argued the child had fallen out of her bed.
The Appeals Court on Tuesday said there was sufficient evidence for the jury to find that Byers inflicted seriously bodily harm to the child.