LAFAYETTE, La. (AP) — A three-judge panel of the 3rd Circuit Court of Appeal has adjusted a former Scott pastor’s attempted rape conviction and ordered him to be re-sentenced in Lafayette.

The Advocate reports 70-year-old Ernest Carter Jr. was originally convicted a year ago on a count of attempted aggravated rape, but the court modified the conviction to forcible rape.

The panel ruled the facts behind Carter’s original conviction did not meet the criteria for the attempted aggravated rape charge, as the victim provided no testimony that Carter overcame her resistance with “great and immediate bodily harm.”

A date for Carter’s re-sentencing has not been set. He faces from five to 40 years in prison.