CASPER, Wyo. (AP) — A Wyoming businessman filed a petition with the state Supreme Court seeking his acquittal on a third-degree sexual assault charge that resulted in a hung jury in February.

The Casper Star-Tribune reports Tony Cercy's attorney, Tim Newcomb, argues that Cercy's acquittal on first- and second-degree sexual assault charges means there was not enough evidence to sustain a third-degree sexual assault conviction.

Natrona County prosecutors plan to re-try Cercy, arguing jurors were "strongly in favor" of convicting him on the count.

The District Court denied Cercy's motion for acquittal on the third-degree charge, which alleges Cercy sexually assaulted a 20-year-old woman as she slept on a couch at his house in June 2017. Cercy testified he did not have sexual contact with the woman.

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Information from: Casper (Wyo.) Star-Tribune, http://www.trib.com