A judge on Thursday dismissed several state charges against Paul Pelosi’s attacker, who was convicted in federal court last month, based on the argument that the counts fall under double jeopardy, according to the San Francisco Public Defender’s Office.

David DePape was convicted last month of assaulting a federal official’s family member and attempting to kidnap a federal official. He was sentenced to 30 years in federal prison, which will run concurrently with any potential punishment to come out of the state trial. He will likely be deported back to Canada after he completes his punishment.

Following the victory in federal court, state prosecutors continued to pursue their own case against DePape, who bludgeoned former U.S. House Speaker Nancy Pelosi’s husband with a hammer inside their San Francisco home in 2022. Paul Pelosi was 82 at the time of the attack.