Judge re-sentences former swim coach in child porn case

TAMPA - Looking at twenty years in prison for possession of child pornography, Jay Goldstein got a do-over.

In 2013, Goldstein - the former swim coach for Berkeley Prep - was busted with dozens of images of child porn, which he downloaded from the internet.  His arrest was a shock to everyone he knew.

Goldstein had agreed to a 10 year sentence in a plea deal with prosecutors, but Judge Chet Tharpe rejected the deal, and doubled the sentence to 20 years.

The judge based it on his own fear that Goldstein might someday  "actually sexually abuse a child" even though there was no evidence he had ever touched a child - and a psychologist testified the risk was low.

An appeals court reversed the sentence, saying Tharpe fundamentally erred in relying on generalized fears of a future offense when sentencing Goldstein.

And with that, Goldstein was was re-sentenced by a new judge - Christopher Sabella.

"I will sentence you to fifteen years in Florida State Prison to be suspended and subject to all of those conditions of supervision, " said Sabella. 

Goldstein won't spend another day in prison unless he commits another crime.

Judge Sabella made that point clear before Goldstein walked out a free man.

"Okay Mr. Goldstein, do not violate your probation, " said Sabella.