Clarence Whatley's request for retrial denied

Charles Whatley's request for retrial denied

(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.

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