Tom Sizemore gets 16-month sentence

mindy

Associated Press

LOS ANGELES - Tom Sizemore was sentenced Monday to 16 months in state prison by a judge who ruled the alleged discovery of methamphetamine in the actor's car had violated his probation in a previous drug case.

Sizemore "has been in every program, and here he is again," Superior Court Judge Cynthia Rayvis said.

He "abused the privilege of probation" and "needs to be in a lockdown setting," the judge said.

Rayvis recommended Sizemore be sent to the R.J. Donovan Correctional Facility in San Diego County because of its noteworthy drug treatment program.

Sizemore, whose screen credits include "Saving Private Ryan" and "Black Hawk Down," didn't speak during the hearing. He wore orange jail clothing.

Authorities arrested the 45-year-old actor in Bakersfield on May 8.

Sizemore's lawyer, Fay Arfa, argued that prison wouldn't help her client overcome his problem.

She said Sizemore had "literally fallen from stardom, sitting in a jail cell by himself" and wants to recover.

After the ruling, Arfa said Sizemore's legal team "will pursue our remedies on appeal."

Martin Sheen, who starred on TV's "The West Wing," attended the hearing in support of Sizemore.

"I don't think prison is appropriate for anyone who is in the grip of drug and alcohol abuse," he said outside court. Even so, Sheen said Sizemore could be successful in a prison drug rehab program.

Sizemore was arrested last month with another suspect. In court papers, Deputy District Attorney Sean Carney alleged that Sizemore violated his probation by being under the influence of methamphetamine, opiates and marijuana, possessing methamphetamine and possessing drug paraphernalia.

Sizemore faces up to six years in prison if convicted of all the charges. He has been in jail without bail since June 5, when he surrendered on a warrant alleging he had violated his probation.

The actor was due back in court Tuesday for a hearing on whether he will be credited for time he's spent in live-in drug rehabilitation.

Sizemore was convicted in 2003 of domestic violence involving his ex-girlfriend, former Hollywood madam Heidi Fleiss. He remained free pending an appeal.

In October 2004, he pleaded guilty to a felony count of possession of a controlled substance identified as methamphetamine and was placed on probation. The probation was revoked in 2005 when Sizemore was caught using a prosthetic device during a drug test.

His probation was later reinstated, but he tested positive for drug use last year and was given another three years' probation, authorities said