Ex-Orestimba teacher pleads no contest to sex charges

09/16/2010 3:33 PM

09/16/2010 4:55 PM

A former Orestimba High School teacher accused of having sex with a 17-year-old female student pleaded no contest to two felony sex charges today in Stanislaus County Superior Court.

Daniel John Burgin, 37, of Newman was sentenced to one year in jail for having unlawful sexual intercourse and oral copulation with the girl, prosecutor Elaine Casillas said.

Burgin must register as a sex offender for the rest of his life. He was originally charged with 10 other felonies — additional incidents with the same girl — that were dropped as part of the plea deal, Casillas said.

The teenager admitted she had been sexually involved with Burgin for seven months, Casillas said.

“This case deals with a serious violation of trust by a teacher,” Casillas said after the hearing. “Although the acts were consensual in nature, a teacher who takes advantage of a subordinate student must be held accountable as a sex offender.”

Judge Ricardo Córdova told Burgin he would be ineligible for any alternatives to jail time, such as the work program. Burgin was put on probation for five years and faces two years in prison if he violates probation or commits another crime.

A message left for Burgin’s attorney Thursday was not immediately returned.

On Jan. 8, the girl’s parents reported to Newman police their daughter was sexually involved with Burgin after finding explicit e-mail exchanges between the two.

Newman police arrested Burgin at his home shortly before 9 p.m. the same day after an investigation.

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