A man accused of sexually molesting a 10-year-old girl in April 2012 pleaded guilty on Wednesday to third-degree sexual abuse of a minor.

According to the Casper Star-Tribune, the man, Glynn Howard Johnson, had planned to use the fact that he was acting unconsciously on a mix of Xanax and Ambien as his defense in court.

Instead, Johnson was able to reach a plea agreement with prosecutors in Natrona County, Wyo., the location in which the crime took place. According to the terms of the agreement, Johnson will receive probation, which, if successfully completed, will lead to dismissal of the charges. His probation could range from one to five years.

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Johnson’s case was notable because of the so-called “Ambien defense” that his attorneys had planned to use.

When the crime occurred on April 19, 2012, Johnson had allegedly become “involuntarily intoxicated” as a result of his prescription medication. The man had been staying at the victim’s house and was familiar with the child’s family when the crime occurred, the Missoulian reports.

As noted by the Casper Star-Tribune:

During that night, the victim told investigators that Johnson had rubbed her vagina and asked her to take her shorts off. He also asked her how it felt, she told an interviewer with the Children’s Advocacy Project.

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Johnson is scheduled to be sentenced in 60 to 75 days after a presentence investigation, but the man would not face any jail time if Judge Catherine Wilking accepts the plea agreement.

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