JACKSON, Miss. (WTVA) -- A Columbus man has lost his attempt to have his conviction in a fondling case overturned.
Mark Andrew Fortune was found guilty by a Lowndes County jury in February of 2011.
He was sentenced to two years in prison and five years probation.
In his appeal to the Mississippi Court of Appeals, Fortune claims he had taken a prescription medication for pain and another for insomnia on the night he was accused of inappropriate contact with a minor under the age of 14.
Fortune claims the influence of the drugs made him unable to remember what happened that night.
In his appeal, Fortune claims the circuit court erred in denying his jury instruction for “legal unconsciousness due to involuntary intoxication” and the judge was wrong not to grant a request for a new trial.
On Tuesday, the Mississippi Court of Appeals upheld the conviction.