LOS ANGELES -- Actor Sean Penn was sentenced Tuesday to 60 days in jail for assaulting an extra on the set of his latest movie and for reckless driving, but a court commissioner allowed him to remain free until next month.
Municipal Court Commissioner Juelann Cathey imposed the county jail term beginning July 7 and two years informal probation for Penn's April 2 assault of an extra in the movie 'Colors,' a violation of his probation for a previous battery.
The sentence, plus a $240 fine, also covers Penn's no contest plea Tuesday to a misdemeanor reckless driving charge last month, a second probation violation. Misdemeanor charges of driving under the influence of alcohol were dismissed in a plea bargain.
Cathey also ordered Penn, 26, to undergo psychiatric counseling for having a violent temper.
'I think he's a talented individual and I don't want this type of thing to happen again,' she told Penn, star of such films as 'At Close Range,' 'The Falcon and the Snowman' and 'Bad Boys,' and the husband of pop superstar Madonna.
Cathey warned Penn not to start any other fights or he would face more jail time.
'That means you don't start anything. That means you are not the aggressor. If I find you start it, you're looking at an additional 120 days (in jail) in this case and an additional six months in the (drunk driving) case.
'It will take long, hard thoughts (on Penn's part)' to avoid further jail time, she said. 'I want him with his toothbrush and overnight case (on the July 7 surrender date),' she added, laughing.
'Thank you for your courtesy, your honor,' replied Penn, who remained calm and polite, even when photographers snapped his picture.
The April 2 battery occurred during a break in filming at Venice Beach of 'Colors,' in which Penn and actor Robert Duvall portray gang-detail police officers, city attorney's spokesman Mike Qualls said.
Film extra Jeffrey Klein, 32, of Costa Mesa began taking photographs of Penn and Duvall, prompting Penn to object, swear and spit at Klein, Qualls said.
Klein spit back at Penn and the actor then punched him in the face several times with his fist. Qualls said Penn finally had to be pulled off Klein and restrained by other crew and cast members.
Penn last February was sentenced to one year probation and fined $1,700 for assaulting songwriter David Wolinski, who won a Grammy Award for the 'Beverly Hills Cop' soundtrack.
Wolinski spotted Madonna leaving the trendy Helena's nightclub in April 1986 and said goodnight to her, and Penn lashed out at him.
In October 1985, Penn was fined $100 and given a 90-day suspended sentence after pleading no contest to two counts of assault and battery in Nashville, Tenn., involving two British journalists.
