DECATUR - The Illinois Appellate Court for the Fourth District has granted a motion by Brandon W. Beers, 23, of Decatur to dismiss the appeal of his Jan. 7, 2004, conviction for first-degree murder in the death of 15-month-old Daniel Oliver.

Following his arrest on Aug. 28, 2003, Beers told police that while baby-sitting with Daniel, the child began to cry and would not stop. He said he removed the boy from his crib and tried to play with him, but when the crying continued, he "snapped" and hit the boy in the head, causing his head to hit the crib at least four times.

Laying Daniel down again in the crib, Beers said he knew the child was injured and returned to check on him every 5 minutes. About 30 minutes later, Daniel was gasping for breath, Beers said, and when he picked the boy up he was cold to the touch.

Beers went to a neighbor for help, and Daniel was taken to Decatur Memorial Hospital, where he was pronounced dead at 11:29 a.m. that day.

The motion to dismiss was granted March 2 by the appellate court and a copy sent to the Macon County Circuit Clerk's Office.

Beers had obtained the services of an assistant Illinois appellate defender who filed the appeal on his behalf in November. No indication was given in the dismissal notice of why Beers dropped his appeal.

He is incarcerated at the Pontiac Correctional Center serving a 30-year sentence given him by Circuit Judge Theodore Paine following his guilty plea. The plea and sentence were part of an agreement with the state's attorney's office.

If Beers had gone to trial and been convicted by a jury, he could have faced a prison term ranging from 20 to 60 years.

Beers must serve 100 percent of his sentence. The Illinois Department of Corrections lists his projected parole date as Aug. 24, 2033.

Ron Ingram can be reached at ringram@herald-review.com or 421-7973.