A state appellate court has ordered a new trial for a man convicted in Tioga County court of three counts of rape and child endangerment.  In 2016, now 48-year-old Brian Smith of Tioga was sentenced to nine years in state prison-even though he was a no show for the trial. He was convicted in absentia. The appellate court ruled that the county court made a mistake by proceeding without spending a little time attempting to locate Smith. The higher court noted that Smith had been present for all previous court proceedings. The appellate court said the local court made a “minimal” effort to locate Smith. He is currently an inmate at the Collins correctional facility. The appellate court reversed the sentence and ordered a new trial.