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ORLANDO -- Casey Anthony is looking at two distinct scenarios when she is sentenced at 9 a.m. by Circuit Judge Belvin Perry for the four misdemeanors of lying to police: A concurrent sentence, which with gain time would mean she'd be free later today. A consecutive sentence, could mean time behind bars.
Florida statutes limit sentencing for a misdemeanor to no more than a year in a county jail.
If there are multiple misdemeanors then a sentence could be multiplied by a year, in Casey Anthony's case, up to four years. That's a consecutive sentence. By the same token, multiple misdemeanors could be tied together with each count combined as one for a maximum sentence of one year. That is called a concurrent sentence.
Another factor in the sentencing is gain time, meaning the number of days the offender has already spent in jail, either awaiting trial or even during the course of a trial, if not out on bail a that point.
More often than not because of jail overcrowding and the fact that misdemeanors are considered far less important than felonies, judges typically sentence offenders concurrently, especially if felonies are not part of the equation.
So what are the parameters for Judge Perry to hand down sentencing this morning? In a nutshell, none.
The judge listens to the state and defense, but ultimately he has the last word. How the judge rules is anyone's guess. Here are scenarios that may be at play in this case:
# Should the judge give Anthony a consecutive sentence, his action may be interpreted as punishing her because the jury found her not guilty of murdering her toddler daughter, though any jurist will tell you that does not factor into his mindset.
# On the other hand, and more plausible for a consecutive sentence, the judge could come down hard on her because lying to police is not acceptable in any court of law once a jury has determined that person is guilty.
If she receives a consecutive sentence, with gain time, she's looking at less than two years. And even then, because of Florida's 85 percent rule, she'll only have to serve that percentage of the actual consecutive sentence.
If sentenced concurrently -- again, meaning the four misdemeanors are counted as one, she'll be a free woman today, though that freedom won't come until after she is transported to the jail and given back her personal items, such as clothing and jewelry.
So what's the likely sentence? The hunch here is a consecutive sentence. This is a no-nonsense, tough-talking judge who ran a tight ship in the biggest high-profile criminal trial since O.J. Simpson. He knows the cameras will be on him with a national viewership waiting on his every uttered word.