A Whatcom County man sentenced to nine years for selling cocaine has had his conviction reversed after the state Court of Appeals found that prosecutorial errors during his case may have improperly prejudiced the jury against him.

Antonio Ramos, 53, was found guilty of unlawful delivery of cocaine by a Whatcom County jury in 2010, but the Court of Appeals decision means that he will have to be retried.

Whatcom County Prosecutor Dave McEachran said the trial should be set within 60 days of getting a mandate from the Court of Appeals that would bring jurisdiction for the case back to Whatcom County. Ramos, whose criminal history includes several drug convictions and bail jumping, will remain in custody throughout the retrial.

Ramos was arrested in March 2009 when he allegedly sold cocaine to an informant for the Northwest Regional Drug Task Force in the parking lot of the Sunset Drive Cost Cutter. The Court of Appeals opinion called the evidence against Ramos strong, but said that there was "a substantial likelihood that prosecutorial misconduct on cross examination and in closing argument impermissibly affected the jury's verdict."

The court opinion said the prosecutor in the case, Craig Chambers, attempted to cross-examine Ramos about his acquaintances' drug problems and convictions to try to establish him as a member of the drug world. Chambers also urged the jury to find Ramos guilty so that people can shop in the Sunset Square area without having to "wade past the coke dealers in the parking lot."

Advising the jury to convict in order to protect the community is considered misconduct. It's not criminal, but it could infringe on a defendant's right to a fair trial.

McEachran said that Chambers will retry the case, making sure to avoid the comments and arguments that the appeals court found improper.