JACKSONVILLE, Fla. -- Florida's 1st District Court of Appeals has overturned the six-day jail sentence of a convicted killer received on a subsequent charge of possession of a gun by a convicted killer as "an abuse of discretion" by the judge.

Anthony Glover was arrested on the charge in 2006, five years after he was released from prison on a 1992 second-degree murder conviction -- a crime committed when Glover was 17.

After Circuit Judge John Merrett heard Glover's claim that he had the gun for protection after being threatened at a nightclub, he sentenced him to time served in jail following the arrest.

In the appeals court's written opinion released Tuesday, the justices called the sentence Merrett handed down "unreasonable" and sent the case back for resentencing.

Assistant State Attorney Mark Caliel had appealed the sentence, which he felt was too lenient given Glover’s violent history.

"The facts allege in the case there was a firearm recovered, concealed under the seat of the defendant's car, and there was an allegation that there was a dispute at a nightclub just prior to his arrest where the gun was brandished," Caliel said. "Under those circumstances, obviously, with the violent crime problem that we have in Jacksonville, we felt that that sentence was way too light."

Caliel said the sentencing range for possession of a firearm by a convicted felon is three to 15 years.

Glover, 36, remains out of jail until the resentencing, which has not been scheduled.