Last month, a Jefferson County jury found an Idaho Falls attorney guilty of battery against a woman.

On Tuesday afternoon, a judge hands down the sentence.

On March 5th, Tammy White, a caseworker with the Idaho Department of Health and Welfare, claims Kent Whittington grabbed her hair and made an inappropriate sexual comment during a court proceeding. Judge Charles Roos felt that although Kent Whittington has no prior criminal record, as an attorney who is educated in the law, he definitely knew better. Whittington was convicted of misdemeanor battery and faced up to 6 months in jail.

Today, Jefferson County Deputy Prosecutor Penny Shawl asked the judge to put this attorney in jail for at least ten days to show him that you can't touch people and make sexually inappropriate comments. Shawl also said Whittington disrespected the courts by doing this while a criminal proceeding was going on. She said it was disrespectful.

The victim, told the judge that when Whittington fondled her hair and said "Can you feel the pervert coming out in me?" White says it was a moment she will never forget.

Tammy White: "When he committed this act, I felt a plethora of horrible feelings. I felt shocked, repulsed, disgusted and angry but most of all I felt violated. I was shocked that anyone could commit such an act and say such a disgusting thing to me."

Even during the sentencing hearing, Whittington disputed what Tammy White says she heard him say and do. He says the touching and pervert comment wasn't intended to come across the way she took it and said it's more of a misunderstanding. He admits he touched her, but says he was surprised at her reaction. He then tried to explain what he was doing by touching her hair again and then said he "made a stupid comment" to try and to lighten the situation and said, "Maybe it's the pervert in me coming out but I've always wondered if someone could feel the tip of their hair."

Whittington said he wanted to make this explanation since his attorney suggested he not take the stand during the trial. It's a move he seems to regret.

Penny Shawl then told the judge that what Whittington just testified to, under oath, was not even close to what Whittington's own witnesses testified to at trial.

Judge Roos wasn't happy with Whittington's attitude, and said so, scolding him for his actions during the hearing of interrupting the judge and for what he did to White back in March. He said he still deserved a withheld judgement, but did make a change in the sentence he was going to give, based on his attitude in court.

Whittington will serve six days in jail the next two weekends, one year of supervised probation and go to counseling to get educated on sexual harassment and professional boundaries and ethical issues. He was given 180 days in jail, but all were suspended but those 6. Judge Roos gave Whittington a withheld judgement. That means, if he successfully completes all the orders, this conviction will be taken off his criminal record.

He also must write a letter of apology to the victim.  Tammy White said after court that she is pleased with the sentence.

This is far from over. Whittington's next issue could be with the Idaho State Bar. Since he was convicted, the bar will conduct its own investigation. If the bar determines Whittington's crime was serious enough, it will file formal charges and Whittington could face sanctions. The results of the investigation will not be made public unless formal charges are brought.