Because his record includes prior felony convictions, Francisco "Frankie" Ramirez, 26, agreed he will have to serve at least 13 years and four months of the term before being eligible for parole.

Kihei resident Cheryl Oelrich, who last month adopted her granddaughter — now named Shari Oelrich — said after the court hearing that the anticipated prison term "doesn't seem long enough" in light of the girl's injuries.

Now more than 3 years old, Shari suffers from seizures and partial paralysis of her right hand, Oelrich said. She said an examination last month indicated Shari still suffers "extensive brain damage."

Taking into consideration "feelings of affected family," 2nd Circuit Judge Joel August said he would follow the plea agreement between the prosecution and defense when he sentences Ramirez on Oct. 3.

Ramirez originally was charged with attempted murder for the injuries suffered by Shari when she was found unconscious at an apartment at the Na Hale O Wainee Homeless Resource Center in Lahaina on March 15, 2006.

She was taken by American Medical Response ambulance to Maui Memorial Medical Center after paramedics responded to an emergency call that morning.

A doctor performed emergency surgery on the girl, who was was found to have a fractured skull, fractured ribs and bleeding behind her right eye, according to police. Her small intestine was severed from her stomach and her pancreas was lacerated in two.

Shari was flown to an O'ahu hospital, where she was hospitalized for two months while Oelrich remained at her bedside.

Ramirez, who was arrested the day the girl was hospitalized, had been living in an apartment at the homeless resource center with Shari, her mother and the couple's infant son. Ramirez admitted punching the 2-year-old girl in the abdomen, telling investigators she gave him a "disrespectful" look, police said.

The original charge of second-degree attempted murder carries a mandatory penalty of life in prison with the possibility of parole. Ramirez pleaded no contest to attempted manslaughter due to extreme mental or emotional distress.

An attempted manslaughter conviction carries a mandatory sentence of up to 20 years in prison. The prosecution agreed not to seek a longer extended term as part of the plea agreement.

The mandatory-minimum term for Ramirez is based on two prior first-degree burglary convictions in 1999 and 2001.

August said the amount of time Ramirez ultimately spends incarcerated would be decided by the Hawaii Paroling Authority.

Ramirez has been held at the Maui Community Correctional Center in lieu of $200,000 bail since his arrest.

Speaking by telephone after the court hearing, Oelrich said she cares full time for Shari, who attends special education preschool and takes antibiotics and anti-seizure medication twice a day.

She now weighs 28 pounds, up from the 22 pounds when she was released from the hospital, Oelrich said.

She said Shari has no contact with her biological mother.

"She calls me mom," said Oelrich, who had cared for Shari during periods before she was injured and hospitalized. "No one can take her away ever again."

She was aware of the plea agreement for Ramirez, Oelrich said.

"I don't think it's fair. I don't think the punishment fits the crime," she said.

She said prosecutors explained the circumstances to her, and she accepted their decisions although she still wishes for more severe penalties.

"I believe they have done the best they can do with the way the laws are," she said. "I look at Shari with a whole lifetime of medical treatment. She gets life without a plea bargain."

Deputy Prosecutor Davelynn Tengan said she was surprised by Oelrich's comments because the prosecutor's office consulted with the family, who agreed to the settlement of the case.

"It does concern us, but I understand the feelings because she has done a lot of effort to take care of this child who's only her grandchild. She's a woman who has given up a lot of her life to care for this damaged child.

"A lot of the reason the child is doing as well as she is is because of this grandma. Of course, she feels more should happen. We all feel that."

As in other cases, Tengan said the prosecutor's office had to consider what might happen at a trial and facts that would have to be proved to support charges.

For the attempted murder charge, the prosecution would have to prove the defendant acted intentionally to take a substantial step that could result in killing the child, Tengan said.

"With all of the options, we felt it prudent to take this particular action," she said.

"Our department has been a very strong advocate against any type of child abuse. We always take these things very seriously."

Tengan said she didn't know of Oelrich's concerns when she appeared in court for Ramirez's change-of-plea hearing Wednesday morning.

"I wish she were not having that issue and pain," Tengan said. "She's taken on a world of responsibility with this child. Thank God there are people who do that in this life."

Lila Fujimoto can be reached at lfujimoto@mauinews.com.