U.S. Army Master Sgt. Christopher Grisham’s attorney has filed notice of his intent to appeal the soldier’s conviction for interfering with the duties of a public servant.

Grisham was found guilty of the class-B misdemeanor by a jury in November and given a $2,000 fine, but no jail time. A trial in October ended with a hung jury.

Blue Rannefeld, Grisham’s attorney, has filed a motion in which he says that the prosecution’s claims in the case were not supported by evidence.

Grisham’s case attracted national attention after a cell phone video of his confrontation with a Temple Police officer and arrest was circulated on the internet.

Grisham and his son were on a ten mile hike to earn a Boy Scout merit badge on March 16 when a concerned resident called police about a man with a gun.

Temple Police Officer Steve Ermis responded to the call and found Grisham openly carrying an AR-15 rifle, a legal act in the State of Texas. Grisham also had a handgun with a permit. The two argued and Grisham was taken into custody.

In court, Ermis argued that he feared for his safety when dealing with Grisham, something Grisham and his attorneys argued was untrue.