James Toland, 64, returned to face the judge who originally dismissed his charges, Contra Costa County Superior Court Judge John Sugiyama, Friday after nine of the 10 counts against him were reinstated by a different judge.
Toland, a former voice teacher for the Acalanes Union High School District, is charged with lewd acts on a minor, stemming from private voice lessons he gave from his home in 2007.
The defense claims that Toland’s actions are common ways to improve the posture of a singer, and that there was no lewd intent.
It is likely the case will end up in appeals court since two judges have disagreed on the case.
Toland is scheduled to be arraigned on the charges on April 7.