A Berrien County judge has thrown out the sentence of an Elkhart man convicted of having consensual sex with an underage girl who lied about her age.

Zach Anderson, 20, will be re-sentenced by a different judge at a date yet to be determined.

In an order dated Sept. 3, Judge Dennis Wiley determined that the prosecution did not abide by a plea agreement made with Anderson, who was 19 at the time the offense was committed.

The conviction stems from a sexual encounter Zach had with a 14-year-old girl from Niles. The two met through an online dating application that requires users to be at least 17 years old.

Anderson pleaded guilty March 4 to criminal sexual conduct in the fourth degree and was later sentenced to 90 days in jail and five years probation. He was also placed on the sex offender registry.

However, in exchange for the plea, the prosecutor said he would not oppose or recommend Anderson receiving the Holmes Youthful Training Act — a program that would have allow the conviction to be wiped from Anderson’s record if he successfully completed probation.

While he didn’t directly oppose or deny HYTA during sentencing, Prosecutor Jerry Vigansky did say the court had denied HYTA in previous similar cases.

“The prosecutor’s remarks clearly violated the plea agreement, which it had made with the defendant. As a result the prosecutor at sentencing did not fulfill and significantly undercut the plea agreement,” Wiley wrote in the order.

Anderson’s father said they are happy with the decision.

“Obviously it is a step in the right direction,” Lester Anderson said. “We are far from over but at least we are headed in the right direction.”

Lester said his son remains on the sex offender registry pending the outcome of the new sentencing hearing.

Lester hopes the new judge will grant his son HYTA.

“If he is granted HYTA he will be removed,” he said. “There is still a fight ahead of us.”

A bond hearing has been set for Friday.

The victim and the victim’s family have all indicated they support Zach’s cause.