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OC band teacher's student sex conviction overturned

Carlie Rose Attebury, a former El Modena High School band teacher accused of having sex with an underage student, is seen in this undated photo.

August 3, 2012 12:00:00 AM PDT
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.