(WTVM) - A former Auburn DJ convicted of sodomy involving a minor will not get a new trial. A judge has denied Clarence Whatley's request. The defense says a new witness was located following the trial.
Whatley went to trial in March over allegations that he had inappropriately touched a 7 year old girl. After five days, a jury found him guilty.
His original sentence of a 173 month split sentence was found to be illegal.
Whatley will be resentenced on June 7.