Teen appeals life sentence for killing girl with wrestling move

FORT LAUDERDALE, Fla. -- A lawyer for a teen-ager convicted of killing a 6-year-old girl in an attempt to imitate pro wrestlers is appealing his life sentence, saying the boy was unfairly prosecuted as an adult.

In documents filed Monday with the 4th District Court of Appeal, attorney Richard Rosenbaum said 15-year-old Lionel Tate was treated more harshly than other juveniles who committed similar offenses. No hearing date was set. Tate is serving a life sentence for the murder of Tiffany Eunick in July 1999.

"A life sentence without possibility of parole imposed upon a child who was 12 years old at the time of the offense constitutes cruel or unusual punishment," Rosenbaum said.

Tate was never evaluated to determine if he was mentally competent to stand trial, he said.

Tate's trial attorney and his mother rejected a plea bargain that would have put Tate in a juvenile facility for three years, followed by a year of house arrest and 10 years of probation.