Wine originally was convicted of felony gross sexual imposition and sentenced to 15 months in prison. Wine's case has been ordered by the appellate judges back to Auglaize County Common Pleas Court to resentence Wine on the misdemeanor.
A third-degree misdemeanor carries a maximum jail sentence of 60 days.
The charge centers around an October 2009 incident involving a then 69-year-old female. She was not a patient of Dr. Wine, who owned and operated Wine Family Optometry in St. Marys and Oakwood.
Wine had originally faced other charges but a jury in Auglaize County acquitted him of rape and sexual battery.
Wine has served several months in prison and had been free on bond pending his appeal. His optometrist license had been revoked after he was convicted of the felony.
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