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DES MOINES, Iowa (AP) — The Iowa Appeals Court has overturned one conviction of an Osage man accused of sexually abusing a man and then attempting to kill him to keep him from testifying.

Mark Retterath was found guilty of attempted murder, solicitation to commit murder, and sexual abuse. In October he was sentenced to 35 years in prison — including 25 for attempted murder.

Investigators say he planned to kill the victim with the poison ricin after the man reported the sexual abuses. Prosecutors say Retterath got the ricin idea from a friend who’d seen it on the television show “Breaking Bad.”

Last week the appellate court ruled there was no evidence Retterath’s actions amounted to an actual assault for attempted murder but did find substantial evidence for the solicitation and sex abuse charges.