Tony Cercy's attorneys have argued in the past that the retrial on the third-degree count violated his Fifth Amendment right to not be tried twice for the same crime.
In February 2018, a jury in Natrona County District Court acquitted Cercy on the first- and second-degree counts, but deadlocked on the third-degree count.
Tony Cercy was convicted in a trial in Hot Springs County in November for third-degree sexual assault of a woman at his former Alcova house in June 2017.