HANCOCK COUNTY, W.Va. -- A former Hancock County deputy accused of sexually abusing a woman while he was on the job headed back to court to ask the judge for a new sentence in the case.

Former Deputy Mark Smith went back to Hancock County Court on Monday for a sentence reconsideration hearing.

Smith was originally sentenced in February after he pleaded no contest to sexually abusing a woman while he was working.

At the time, the judge sentenced him to one year in jail and he was to register as a sex offender for the next 10 years.

In Judge Martin Gaughan’s courtroom on Monday, Smith requested, that after serving 74 days in jail, he be considered for a new sentence of home confinement.

In December of 2006, prosecutors said Smith pulled over a female driver on Route 2, near Newell, took her in his cruiser, and touched her sexually.

Monday the judge said he will not rule on a new sentence this soon.

"I want to give this more consideration,” said Gaughan. “I noticed there is not a statement from the victim, who I presume would still be very much opposed to this."

Smith's attorney told the judge he wants the court to let Smith prove he can be a productive member of society.

The prosecutor said he doesn't agree with this sentence reconsideration for Smith because nothing has changed since he was originally sentenced in this case.

Gaughan said he will make a decision on the sentencing in the near future.

Natalie Pasquarella, NEWS9