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The Latest: Lawyer: Man took a plea deal due to weak health

STOCKTON, California. – The Latest on a plea deal in a child rape case in California. (all times are local):

2:15 pm

A lawyer for a 79-year-old man who was sentenced to 90 days detention and five years of informal probation after pleading no contest to the rape of a child says that his client was accused of inappropriate touching.

Attorney Gregory Davenport said Friday that Lyle Burgess accepted the plea deal, despite the fact that it is innocent, because he is in poor health and wanted to move on with his life.

A San Joaquin County Superior Court judge sentenced Burgess to 90 days home detention and five years of informal probation. He will not have to register as a sex offender.

Davenport says rape sounds harsh, but the fee is based on a claim by the mother of the girl that they saw Burgess, stick his hand out of her daughter’s pants.

Burgess denies ever touching the child inappropriately. The girl is now 7.

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12:20 pm

The parents of a sexually abused child are upset with a California plea deal in which a 79-year-old man who pleaded no contest to the crime of rape has been sentenced to only 90 days detention, and will not have to register as a sex offender.

The Record newspaper of Stockton reported that Lyle Burgess was Wednesday sentenced to detention in an alternative work program or at home and will be under informal probation for five years.

Burgess pleaded no contest to the crime of rape of a child who is now 7 years old.

The court dismissed the parents at the sentencing hearing that she felt the agreement was fair, it was achieved.

Robert Himelblau, the guidance of the deputy district attorney for San Joaquin County, said the crime there is no question of penetration.

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