TOPEKA, Kan. (AP) — A mistrial has been declared in the sexual assault case of a man who knocked his attorney unconscious during the trial.

A Shawnee County District Court judge declared a mistrial Thursday after a juror asked to withdraw from hearing the case against 32-year-old Lance Franklin. A new trial date was not set.

On Dec. 11, Franklin was being tried on three counts of rape and other charges when he punched his attorney, David McDonald, and knocked him unconscious. The trial was scheduled to resume Feb. 17 but a juror was allowed to withdraw on Thursday.

The Topeka Capital-Journal reports Franklin refused to agree to have the case heard by only 11 jurors, prompting the mistrial.

Franklin is now also charged with felony aggravated battery for injuring McDonald.