With her conviction appeal dismissed Tuesday, next up for Carol Berner is appealing her sentence.
Berner's lawyer, Jason Tarnow, says the court will assess if the 30 month sentence Berner was given for killing four year-old Alexa Middelaer is appropriate.
Tarnow says he believes it is excessive. "You might be shocked to hear but there's people who have done much worse than Carol Berner did who received a much lesser sentence - across the country."
Tarnow says the sentencing appeal was filed long ago - at the same time as the conviction appeal.
Berner is convicted of impaired driving in the crash that killed Alexa. She was sentenced in 2010.