A 24-year-old San Jose man accused of kidnapping his ex-girlfriend’s 8-year-old daughter from her elementary school in January appeared briefly in Santa Clara County Superior Court today.Mark James Porter is charged with one count of kidnapping and one count of child abduction in addition to charges of battery and domestic violence. He could now face up to 13 years in prison if convicted, Deputy District Attorney Luis Ramos said. Porter allegedly abducted Kayla Montez from Holly Oak Elementary in the 2900 block of Rossmore Way the morning of Jan. 13. A statewide Amber Alert was issued, and Montez was then dropped off later that day at a Wienerschnitzel restaurant on Camden Avenue. Porter turned himself in at the city’s main jail later that night, according to police.Prior to that incident, on Nov. 30, 2008, Porter allegedly got into an argument with his ex-girlfriend and hit her in the face, causing bruises to both of her eyes, Ramos said. On that same day, Porter also allegedly engaged in an argument with his father during which he pushed him to the ground and punched him in the face.The district attorney’s office initially charged Porter in the kidnapping case, but later amended the charges to include the domestic violence incident, Ramos said.Porter appeared in court today, but did not enter a plea as was scheduled. Porter’s case was continued to April 9.
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