A former Halfway man whose prison sentence on a sexual abuse conviction in 2018 was cut by almost 17 years because the jury’s verdict wasn’t unanimous could return to prison for up to three years for violating terms of his probation.

Joshua Dean Baker, 46, lives in Coos County, according to court records.

A jury in Baker County Circuit Court convicted Baker, by a 10-2 vote, of first-degree sexual abuse in February 2018.

Baker was sentenced to a mandatory minimum prison term of almost 19 years.

But in April 2020 the U.S. Supreme Court invalidated nonunanimous jury verdicts, and in May of that year the Oregon Court of Appeals reversed Baker’s conviction.

Although the district attorney’s office could have retried Baker (double jeopardy would not have applied), district attorney Greg Baxter, after meeting with Baker’s victim, who is Baker’s daughter, negotiated a plea agreement.

In June 2020 Baker pleaded guilty to attempting to commit first-degree sexual abuse. Judge Lung Hung of Malheur County sentenced Baker to five years’ probation, continuing through June 2, 2025, but no additional prison time.

The plea agreement required Baker to complete sex offender treatment, register for life as a sex offender and have no contact with children younger than 18.

According to an Aug. 30, 2023, report from Coos County Community Corrections, Baker has failed to complete a sex offender treatment program.

Baker was terminated from the Coastal Center Sex Offender Treatment Program on July 5, 2023, “for failure to move forward in the program with an identified offense,” according to the report from probation officer Josh Mullins.

Mullins wrote in his report that “Baker has continued to deny his crime of conviction throughout this term of supervision. This denial is the reason he was terminated from treatment.”

Mullins wrote that Baker has taken two polygraph examinations during his probation, one in Baker County and one in Coos County. According to the report, Baker failed both polygraphs, in which he denied committing the crimes.

“This case is at an impasse,” Mullins wrote. “Baker will not be able to complete Sex Offender Treatment as he was directed to do by the State Court in sentencing as he refuses to accept responsibility for his case of conviction. Baker is also unable to pass polygraph examinations to support his claim of innocence.”

In response to Mullins’ report, Baxter filed a motion asking a judge to require Baker to appear in court and “show why his probation should not be revoked.”

Baker is scheduled to be arraigned on a probation violation charge in Baker County Circuit Court on Thursday, Oct. 26 at 1 p.m.

If a judge later determines that Baker violated his parole, Baker could be sentenced to three years in prison.

Baker could not be reached for comment.