The Indiana Court of Appeals has ordered the conviction be vacated for a man who was tried in absentia. This after he failed a drug test on the day of his trial.

Carlton Lee Wells was charged with possession of cocaine and invasion of privacy in May 2018.

At the beginning of his initial trail in September of last year, the court was advised Wells was being very contentious with his attorney and the clerk’s office believed he was impaired by drugs or alcohol so they ordered Wells to submit to a drug test, which showed drug use.

ABC-57 News reports the judge vacated the trial and another one was set for mid-October, but wells was tested once more and was positive for drugs.

The court ordered that Wells be tried without being present. He was found not guilty on the cocaine charge and guilty of invasion of privacy. Wells was sentenced to 180 days home detention.

He appealed and the appeals court agreed he deserved the right to be present for his trial.