DETROIT (AP) — The Michigan appeals court says it found “true misconduct” by a prosecutor in a small county.

As a result, the court has thrown out conspiracy, theft and drug convictions and the six-year prison sentence of Aaron Mienkwic.

The appeals court says Scott Koerner didn’t disclose that he had represented a co-defendant in the same crime before becoming an assistant prosecutor in Shiawassee County.

Koerner prosecuted Mienkwic, months after representing Kyle Tower in a plea deal.

The men had been accused of conspiring in 2017 to rob retail stores.

Koerner believes he informed the defense about his previous work but can’t recall the date. But even with a disclosure, the appeals court says it’s a violation of professional conduct.

Koerner now is the elected prosecutor in Shiawassee County.