OC band teacher's student sex conviction overturned

SANTA ANA (KABC) -- A state appellate court has overturned the underage sex conviction of a former El Modena High School band teacher.

Last year, Carlie Rose Attebury was found guilty of having sex with a student and sentenced to 16 months in prison.

But an appellate court on Thursday ruled the lower court's jury was wrongly swayed by testimony from three former students, who legally had sex with Attebury after they graduated.

Prosecutors will now try to decide whether to seek a new trial against Attebury.

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