OMAHA, Neb. (AP) — The Nebraska Court of Appeals has reversed a Scottsbluff man’s child abuse conviction and vacated his prison sentence, adding that he cannot be tried again.

Cody Olbricht was convicted last year of intentional child abuse resulting in serious injury, accused of severely beating his girlfriend’s 3-year-old daughter. He was sentenced to 18 to 30 years in prison.

On Tuesday, the appeals court said there was insufficient evidence presented at trial to convict Olbricht. The appeals court said prosecutors failed to provide evidence that the child was in Olbricht’s sole care at the time she received injuries that led to a brain bleed and lacerated liver.

The appeals court determined that double jeopardy applies, and that Olbricht cannot be tried again.