BILLINGS, Mont. (AP) A judge has rejected a request by a former middle school guiDance counselor to withdraw a no-contest plea stemming from a peeping case.

Paul Patek was arrested in October 2006 when police allegedly found him looking into the bathroom window of a house while holding a video camera.

He pleaded no contest to misdemeanor counts of prowling and surreptitious visual observation. But in September, he asked to withdraw the visual observation plea. He argued that he cannot be punished twice for what is essentially the same charge.

Municipal Judge Mary Jane Knisely rejected the motion Wednesday, keeping in place a 30-day jail sentence that she imposed in February 2007.

Knisely said the charges "contain separate, distinct and unique elements." Patek's attorney says he plans to appeal the ruling in District Court. The former counselor resigned his post at Billings' Will James Middle School in April 2007.

Information from: Billings Gazette, http://www.billingsgazette.com (Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 05-17-08 0502CDT | save this article / add to your favorites list