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The teacher who raped a suicidal Cherice Morales and only got 30 days in jail for it might be spending some more time behind bars.

Montana state prosecutors have appealed the controversial sentence, calling the ruling “illegal.” The judge who gave him the sentence has also echoed those same sentiments earlier this week. A new hearing is planned on Friday to determine if Montana teacher Stacey Rambold should receive another two years.

“In this court’s opinion, imposing a sentence which suspends more than the mandatory minimum would be an illegal sentence,” Baugh wrote in a order filed Tuesday. The court order stated that state law seems to require a two year mandatory minimum, not 30 days.

He said that prosecutors did not “object or otherwise inform the court on the issue of the applicable mandatory minimum” until after the sentencing.

Baugh scheduled a new hearing with the defendant present for Friday, but a Montana Attorney General spokesman told the AP that Baugh will be asked to cancel the hearing pending the a decision on the appeal.

We’ll keep you updated on the decision.

SOURCE: ABC