Brenna Winter, the 19-year-old mother who tried to suffocate her 3-month-old daughter, was sentenced Tuesday, but a six-decades-old statute might provide the woman with a lighter prison sentence.

Last month, Winter was found guilty on attempted first-degree murder and aggravated child abuse charges at a plea hearing.

Judge Mike Murphy on Tuesday said Winter meets the criteria for youthful offender, which means she might get a lighter sentence.

Murphy's order didn't give a specific time. He instead opted to let the Department of Corrections decide Winter's sentence, which could vary between six months and 10 years.

Murphy recommended Winter serve a minimum of three years, but the Department of Corrections said she will have to serve 85 percent of her maximum sentence, meaning she will serve at least eight years behind bars.

Murphy was looking at a sentencing statute that dates back about six decades and is not in use today.

Winter has multiple mental health issues: At 16, she was diagnosed with bipolar disorder and depression. At 17, she became pregnant with her daughter, Olivia. Fearing the stress of being a mother, Winter was hospitalized under the Baker Act when she attacked her belly.

At 18 years old, Winter's daughter had to be revived twice at the hospital when she stopped breathing. Winter later admitted to investigators that she tried to hurt the girl by sticking her fingers down her throat and smothering her both times.

In an exclusive interview in July, Winter spoke to News 13 from behind bars.

  • News 13: "Has your mental stability been questioned?"
  • Winter: "Yes."
  • News 13: "And what have they said?"
  • Winter: "They just said I'm out of control when I'm not on my meds."

At her sentencing for attempted murder and aggravated child abuse, Winter's public defender made his plea to have her sentenced as a youthful offender with probation or house arrest.

The prosecution demanded she serve 20 years.

Then Murphy announced his decision.

"There is a statute I think is appropriate to be used in this particular case," Murphy said.

He ruled that Winter serve a term between six months and 10 years and left it up to the Department of Corrections to decide the exact time.

"I'm going to recommend, based upon the severity of the offense, the department not release you for a period of three years," Murphy said.

The statute was created in 1957 and is outdated. It's not what the Department of Corrections abides by today.

A 1998 statute states inmates will serve at least 85 percent of their sentence.

Winter has already served six months, and so she faces eight years in prison.

The defense has 30 days to appeal Winter's sentence. The public defender's office told News 13 that they are considering that option. If the defense decides to appeal, Murphy might not oversee the case. Murphy will soon be reassigned to family court in 2015, but he would still have the option of presiding over the appeal.