MILWAUKEE (WTAQ) - A state appeals court Wednesday threw out a sexual assault conviction against a Milwaukee school bus driver.

26-year-old Gene Echols said evidence was wrongly used against him in his original circuit court case – and the court failed to consider some evidence that would have helped his case.

Wednesday, the First District Court of Appeals agreed with Echols’ arguments. The three-judge appellate panel said the circuit court lacked adequate grounds to convict Echols on charges of second-degree sexual assault, and sex assault by those who work with children.

A high school student had accused the bus driver of molesting her 3 years ago, and they got into an argument.

Echols said the lower court unfairly accepted testimony from a school bus safety director who said Echols had a history of not telling the truth. He also said the court ignored evidence that the student had a long record of disciplinary problems.