Richard Paey, the Florida pain patient serving a 25-year sentence as a drug dealer after being convicted of fraudulently obtaining pain medications, will remain in prison after losing an appeal Wednesday. Florida's 2nd District Court of Appeal upheld his conviction and sentence on a 2-1 vote.

But in a highly unusual act, the appeals court offered some sympathy and advice. Paey should seek a commutation of his sentence from the governor, the court suggested. "Mr Paey's argument about his sentence does not fall on deaf ears," wrote Judge Douglas Wallace, "but it falls on the wrong ears."

While the two judge majority in the case was sympathetic but said its hands were tied, the lone dissenter on the bench, Associate Judge James Seals, disagreed. In a blistering dissent, Seals made a multi-point case that Paey's mandatory minimum sentence was both "cruel and unusual" and absurd in light of the shorter sentences given for many real crimes. (Click here to read an excerpt.)

Paey who was severely injured in an automobile accident in the 1980s, was arrested by the DEA and the Pasco County Sheriff's Office after buying more than 1,200 pain pills with fake prescriptions. Although agents watched Paey roll up to pharmacies in his wheelchair to fill the prescriptions, he was charged as a drug dealer under a Florida law that says anyone possessing more than an ounce is a dealer. Paey rejected a plea bargain before he was tried, saying it was against his principles.

While other appeals remain open to Paey, his attorney, John Flannery II, told the St. Petersburg Times he would take the appeals court up on its suggestion. Flannery filed a commutation petition Wednesday. It's unlikely that outgoing Gov. Jeb Bush will act on it before his term ends as year's end, but Flannery said he wanted to start the process for Governor-elect Charlie Crist.