"Certainly the defendant's life is unique among convicted felons. But in the last analysis the punishment must fit the crime," Judge Durwood Conque told Dr. Richard Schmidt.

Schmidt was convicted of walking into Janice Allen's darkened apartment on Aug. 4, 1994 and injecting her with the tainted blood, which he claimed was a vitamin shot.

Prosecutors said Schmidt injected Mrs. Allen after she told him their 10-year relationship was over.

Mrs. Allen, a nurse, said she learned she had HIV in January 1995. Schmidt, a 50-year-old gastroenterologist, had been free on $500,000 bond and an electronic monitor, allowed only to go his home, clinic and hospital.

Defense attorney Thomas Guilbeau asked the judge to continue the bond and restrictions while the case is appealed, but Conque refused and Schmidt was taken to jail.

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