Swingler, seen here at his sentencing, mumbled a few times during the proceeding but stopped when his attorney asked him to be quiet.
He waited inside a college dorm and jumped a female student. Now, more than a year later he's sentenced to prison but released on the same day.
In January 2008, Wayne Swingler went into Zura Hall, a dorm at San Diego State University, and waited. When a female student walked in, he fondled her and after she screamed for help, he punched her in the stomach.
Swingler, 35, was convicted August 18, 2008 of felony assault with intent to commit a sexual offense. On Tuesday, he was sentenced to spend two years in state prison. However, he had already served a total of 900 days behind bars.
“He has served his time,” said the judge. “So it doesn’t matter what I do.”
Swingler was ordered released and placed on parole for four years. He will report to San Diego parole office within 48 hours and will wear a GPS unit to help officials "know whether he’s in the dormitory system at SDSU" as the judge told him Tuesday.
He was also ordered to register as a sex offender for life.