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A June 5 district court hearing has been set in the case of a South Ogden man whose securities fraud conviction was overturned by the Utah Court of Appeals.

On Thursday, Robert G. Johnson's new attorney, Michael Olmstead, filed a motion with 2nd District Judge Ronald Hyde seeking to set aside a circuit court ruling that Johnson had to stand trial in the original case.Following a preliminary hearing, now-retired 2nd Circuit Judge Phillip Browning had ruled there was sufficient evidence to prosecute Johnson. A jury subsequently convicted Johnson on six counts each of securities fraud and of sale of unregistered securities, and one count of employing an unregistered security agent.

Prosecutors convinced the jury Johnson had devised a scheme to bilk investors out of $181,000.

Hyde sentenced Johnson to six years in prison, but later released him pending his appeal. The appellate court overturned the conviction, finding Johnson was denied his constitutional right to effective legal counsel.