NASHUA, N.H. (AP) – A man has lost his attempt to get a new sexual assault trial, after arguing the judge had slept during testimony.

Donald Spinner of Candia was convicted of sexual assault last year and was sentenced to at least 23 years in prison. Spinner’s wife, Melissa Spinner, argued that she saw Judge Patricia Coffey sleeping during the trial.

Coffey was investigated, but a panel found that she did not sleep on the job.

Superior Court Judge William Groff denied Spinner’s motion for a new trial, after also finding that Coffey had not slept during the trial. In his order, Groff ruled that while Coffey may have been fighting to stay awake, she was attentive, alert and engaged in the trial.