Former Miami-Dade commissioner Joe Martinez received a nearly three-year prison sentence on Monday for what a jury concluded was accepting money in exchange for sponsoring legislation to help a business owner.

While Martinez faces prison time, Judge Miguel de la O said he thought the 34-month minimum sentence called for under state guidelines was too harsh. He is allowing the former commissioner and retired police lieutenant to remain free during the appeals process, which is expected to take at least a year.

Should an appeals court rule that de la O may issue a sentence lower than what’s in the guidelines, the judge said he would hand Martinez, 67, one year of jail time rather than the nearly three years in a state prison awaiting the former commissioner if his appeal fails.

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