The Third Circuit Court of Appeal has annulled the revocation of Lafayette City Marshal Brian Pope’s probation.

On Feb. 28, District Judge Jules Edwards revoked Pope’s probation and ordered him to serve 30 days in jail, allowing credit for the seven days he had already served.

Signed on Aug. 9, the Third District Court of Appeal decision said the district judge “has no authority to revoke Pope’s probation” in February.

“The trial court erred by revoking Marshal Pope’s probation for to failing to perform a condition of probation that was never imposed,” the decision said.

The appellate decision also said a portion of Pope’s March 24, 2016, sentence imposing community service “is not authorized as penalty for contempt.”

Pope still faces charges of perjury and malfeasance.

His trial date is set for Sept. 24.

An attempt by attorneys for Lafayette City Marshal Brian Pope to have his felony case dismissed over an alleged vindictive and retaliatory prosecution claim was denied Thursday.

Pope was in 15th Judicial District Court Thursday before Judge David Smith. His attorneys wanted Smith to dismiss the indictment of Pope on the grounds that the charges were retaliatory and vindictive.

Smith said no.

Pope faces seven felony counts, including five malfeasance in office charges and two perjury charges, all stemming from a lawsuit The Independent, a former newspaper, filed in 2015 when Pope refused to comply with a public records request.

During a 2015 election for sheriff, Pope held a news conference at his office, dressed in his uniform and surrounded by uniformed deputies where he criticized candidate Mark Garber, alleging Garber encouraged illegal immigrants to file lawsuits. Pope endorsed Garber’s opponent in the race.

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In the motion to dismiss the indictment, Pope’s attorneys claim he also discussed in the October 2015, news conference policies of then-Sheriff Mike Neustrom that restricted the marshal’s office and other agencies from arresting and booking illegal immigrants on misdemeanor charges.

Pope never urged voters to vote for or against either candidate, the motion claims.

That is the basis of his claim that the prosecution is vindictive and selective in violation of the First Amendment right to free expression.