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OC band teacher's student sex conviction negated

Posted: August 3, 2012 5:00 a.m.
Updated: August 3, 2012 5:00 a.m.

SANTA ANA, Calif. (AP) — A state appellate court has overturned the conviction of a former Orange County band teacher found guilty of sex with an underage student.

Judges said Thursday the lower court's jury was wrongly swayed by testimony from three former students who had legal sex with band director Carlie Rose Attebury after they had graduated.

City News Service reports that Orange County prosecutors will review the ruling and decide whether to seek a new trial.

Attebury was sentenced to 16 months in prison last year after being convicted of felony unlawful sex with a minor and other charges.

In their decision, appellate court judges said the prosecution's witnesses were "extremely prejudicial."

During her trial, the former teacher at El Modena High School denied allegations that she had sex with the student.



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