YAKIMA, Wash. -

A state appeals court has thrown out a Wapato man's 2014 drug conviction because the police didn't wait long enough before forcing their way into his home with a search warrant.

The Yakima Herald-Republic reports that the regional drug task force gave residents less than 10 seconds to respond.

The court said since it was 6:47 a.m., the police couldn't infer that they were being denied admittance after waiting only six to nine seconds.

The appeals court reversed Jude Ortiz's conviction and ordered a new trial. The judges also said his lawyer was ineffective because he didn't challenge the search during trial.

Ortiz was found guilty of manufacturing marijuana. He was sentenced to about 10 years in prison.

The prosecutor says he may ask the court to reconsider or appeal to the state Supreme Court.