Published: Jul 03, 2014 9:18 AM EDT
Updated: Jul 03, 2014 5:39 PM EDT

FORT MYERS, Fla. - A judge has sentenced Melissa Smith, the woman convicted of negligence in the death of 2-year-old Christian Byrd, to eight months in the county jail and five years probation. Smith must also pay a fine of $3,000 and court costs of $413.

On the three misdemeanor charges of culpable negligence, Smith will spend 60 days in jail for those, as well. The defense says she will most likely be out around Christmas.

Smith was in jail during her trial, the judge says time served will go towards the eight-month sentence.

Byrd drowned in a pool under Smith's supervision in July 2013.