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NEWPORT BEACH, Calif. (AP) — A Southern California man who got less than the maximum sentence for sodomizing a 3-year-old girl has been told he’ll spend 25 years to life in prison.

The Orange County Register reports that a judge agreed Friday to delay re-sentencing for 22-year-old Kevin Rojano-Nieto until January but said he’ll receive the mandatory sentence.

Rojano-Nieto was convicted of molesting a relative in a Santa Ana garage in 2014.

Orange County Superior Court Judge Michael Marc Kelly said the mandatory sentence would be cruel and unusual because Rojano-Nieto had stopped the assault within seconds, was remorseful and wasn’t considered a true sexual predator or danger to society.

The judge gave Rojano-Nieto 10 years, sparking outrage and an unsuccessful effort to recall him.

An appeals court this year ordered Kelly to resentence him.