The former teacher accused of sexually harassing six students in Kanawha County will get a new trial.
Tyrone Persinger's trial is now set for June.
Last week, a jury found Tyrone Persinger not guilty on two of the six counts.
The jury could not come to a decision on the other four charges, so the judge declared a mistrial.
On Thursday, another twist in the case.
Persinger's attorney wants the case dismissed because the prosecutor wasn't sworn in during the hearing when former Kanawha County prosecutor Bill Charnock abruptly resigned.