But the state appealed this decision based on his attorney 's failure to object to the judge 's instruction , which normally prevents redress of the conviction .
The court vacated Tyler 's conviction and remanded the case to the lower court , ordering a new trial .
The state appealed this decision based on Tyler 's attorney 's failure to object to the judge 's instruction , which normally prevents redress of the conviction .
The court vacated Tyler 's conviction and remanded the case to the lower court , ordering a new trial .