CONCORD, N.H. (AP) – A Bristol man accused of assaulting a police officer while speeding his pregnant girlfriend to the hospital has filed an appeal with the state’s highest court.

A jury acquitted Nathaniel Gibbs, 25, a month ago but a judge later nullified the verdict and ordered him to serve a six-month suspended sentence from a previous drug conviction.

Last week, Gibbs filed an appeal with the state Supreme Court questioning whether a trial court has the power to impose a sentence based on conduct for which a defendant has been acquitted.

New Hampshire case law is clear that due process prohibits a sentencing court from enhancing a defendant’s sentence on basis of conduct for which a person was acquitted,” wrote public defender Tony Hutchins.

The appeal also argues that the case raises a novel question of law and that there could be conflicting decisions in New Hampshire courts.

Gibbs received a 12-month suspended sentence after pleading guilty to a misdemeanor count of marijuana possession. The sentence was suspended on the condition of good behavior.

His supporters have established an account at Meredith Village Savings Bank to attract donations to help support Gibbs’, wife, Helene, 22, and their 1-year-old daughter.