WEST PALM BEACH, Fla. (AP) — A former Florida deputy has been sentenced to three years in prison for trying to rape a woman he met during a call.

Jason Nebergall, 42, was sentenced Thursday in Palm Beach County circuit court after pleading guilty to battery and attempted sexual battery as part of a deal with prosecutors, news outlets reported. He was set to go on trail for a second time later this month.

Nebergall was previously found guilty by a jury and sentenced to eight years in prison in 2018, but an appeals court later threw out the conviction because of improper testimony.

Nebergall was working as a Palm Beach County deputy in 2016 when he had responded to the victim's Greenacres home over a fight between the woman and her landlord, prosecutors said. The woman told investigators that during one visit, Nebergall grabbed her hair, kissed her and tried to rape her but stopped because he didn’t have a condom.

Nebergall testified during his 2018 trial that the woman made advances toward him, but he pushed her away.

DNA evidence supported the woman’s allegations, prosecutors said.

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