SCRANTON, Pa. -- A federal judge from Scranton has thrown out the child endangerment conviction of former Penn State President Graham Spanier.
The ruling comes one day before Spanier was due to start serving a two-month prison sentence.
Spanier was tried and convicted of child endangerment in 2017.
On Tuesday, a judge determined Spanier was improperly charged under a 2007 law for allegedly failing to report child sex abuse by former football coach Jerry Sandusky.
The decision by U.S. federal Magistrate Judge Karoline Mehalchick in Scranton, gave state prosecutors three months to retry Spanier under the state's 1995 child endangerment law, the version in place in 2001.
Spanier was to report to the Centre County jail Wednesday morning to begin serving his sentence.
On Wednesday, Pennsylvania Attorney General Josh Shapiro said the state will appeal the decision.