The court said none of the time that has passed since Lavigne was released on bond would be credited toward his sentence.
The decision is the latest turn in a dramatic case that has spanned nearly 17 years.
Lavigne was arrested in February 1996 for the rape of his 5-year-old daughter. Police said she was taken to a playground next to a church near their home for the assault.
The trial was held in Clarksburg because of heavy publicity in the Kanawha Valley, but it was presided over by longtime Putnam Circuit Judge Clarence Watt, who died in 2005. The Harrison County jury deliberated for less than two hours before delivering its guilty verdict.
Although witnesses testified the little girl had implicated her father on the day of the rape, she didn't positively identify him as her attacker during the trial.
Lavigne's family, including the daughter who was raped and her brothers, applauded Spaulding's decision last year. Victim Katie Haught was quoted at the time as saying she was "100 percent confident my father is innocent."
She said she remembered only "pieces" of that morning when someone took her from her family's recreation room and sexually assaulted her.
Contact writer Jared Hunt at jared.h...@dailymail.com or 304-348-5148.