Johnson had reached a deal with prosecutors for community service and counseling to resolve a probation violation from his no-contest plea last year to battery on his then-wife, TV star Evelyn Lozada, but it was rejected by Broward County Circuit Judge Kathleen McHugh last week after Johnson gave his attorney a pat on the butt.
“This isn’t a joke,” the judge said, raising questions about his sincerity.
Adam Swickle, Johnson’s attorney, asked McHugh last week to reconsider the sentence, saying the backside pat was merely Johnson’s way of showing appreciation for his attorney’s work on the case.
Prosecutors say they’ll leave Johnson’s sentence up to McHugh, who presides over Broward County domestic violence cases. A hearing has been set for today.