Judge denies request for shorter sentence in Kelsey case

 
By Nolan Clay | Published: February 7, 2008   

CHANDLER--A judge today refused to give a more lenient prison sentence to the stepfather of Kelsey Smith-Briggs.

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Michael Lee Porter is serving 30 years in prison for enabling child abuse. His attorney on Feb. 1 asked the judge to consider shortening the time.

Judge Paul Vassar turned Porter down. The judge ruled that, by law, he couldn't even consider the request, unless the district attorney agreed, since Porter's punishment was the result of a plea agreement.

District Attorney Richard Smothermon had told the judge the state "expressly withholds its consent ... and thus this Court has no jurisdiction for any modification of the defendant's sentence.

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