A prosecutor has objected to a request for a new trial from a New Hampshire prep school graduate convicted of sexually assaulting a 15-year-old freshman, saying he's already appealing his case.

Twenty-year-old Owen Labrie was convicted in August of misdemeanor sex assault charges and a felony charge of using a computer to lure an underage student for sex. He started serving his one-year jail sentence last month after a judge revoked his bail.

Labrie's lawyer asked the state Supreme Court to delay his appeal, pending the outcome of his new trial request to a county judge. But a prosecutor on Thursday says the county judge should strike that request because the higher court hasn't yet ruled.

Labrie was arrested in 2014 days after graduation from St. Paul's School in Concord.