A former Los Banos Elementary first grade teacher will serve his time in county jail after being convicted of possession child pornography.
Ernesto Cortez, 52, was sentenced Oct. 3 to nine months in jail after he pleaded no contest a felony charge of possession of child pornography.
On Thursday, Mark Coleman, a Fresno attorney representing Cortez, requested that Cortez be confined to his home with an ankle monitor in lieu of serving his time in jail.
Cortez would not step out of his home except for meeting with his probation officer and pre-approved doctors appointments as part of the agreement.
Coleman mentioned that Cortez pleaded out early on in his case and said his client wants to comply with the court's orders. He also noted that Cortez has no prior criminal history.
Merced County Deputy District Attorney Kathryn Gates objected to the motion, stating that there was no reason to keep Cortez out of jail.
Judge Jeanne Schechter ruled against house arrest, noting that the decision was up to Merced County Jail officials, who previously had denied the request.