ALLENTOWN, Pa. -

A security guard who was convicted of manslaughter in Lehigh County court might not be getting a new trial after all.

Andrew Gesslein, of Tilden Twp., Berks Co., shot and killed Michael Randolph last year at the North End Republican Club in Allentown, police said. He was convicted and sentenced to five to 10 years in prison.

Gesslein appealed that ruling and a judge granted him a new trial, citing insufficient evidence, but now the state is planning to file a separate appeal, arguing that the judge who granted the new trial abused his discretion.

There's no word on when a decision will be made.