A lawyer for Turner is trying to get his client’s conviction overturned. He served three months in prison for sexually assaulting an unconscious woman behind a dumpster in 2015. He was convicted in June 2016 to three counts of sexual assault, including assault with intent to commit rape of an intoxicated woman, sexually penetrating a woman with a foreign object, and sexually penetrating an unconscious woman with a foreign object.

According to Palo Alto Online, during a hearing on Tuesday (July 24), Turner’s attorney, Eric Multhaup, argued before a three-judge panel in California’s 6th District Court of Appeal that the jury’s verdict should be overturned because of lack of evidence.

Multhaup says Turner only engaged in “sexual outercourse” with the 21-year-old victim and didn’t demonstrate an intent to commit rape. He claims it was a “version of safe sex” that doesn’t involve penile contact and both people were fully clothed.

Multhaup also claimed the jury used “imagination” and “speculation” to include their guilty verdict. The judges eventually rebuked Multhaup’s attempts to reweigh the evidence.

The court will issue an opinion on the case within 90 days.