Uber driver, 60-year-old Gary Kitchings was convicted of raping a woman he picked up from SunFest three years ago. Now a judge says he will get a new trial.

Kitchings is serving a 22 year prison sentence after being convicted of three counts of sexual battery, burglary with assault or battery, and false imprisonment in 2018.

Investigators said in May 2017 Kitchings picked up a woman from SunFest and drove her to her home in Jupiter. The woman claimed Kitchings broke into her home and raped her. Kitchings claimed they had consensual sex.

The ruling on a new trial came from the 4th District Court of Appeal.

The court ruled the judge made a mistake by not allowing the defense to introduce his initial statement to police to counter accusations that he made up his story later.

According to the court, the judge should not have allowed into evidence the second statement from the woman.

Kitchings will likely ask to be released from custody, while awaiting the retrial. Prior to his arrest, he worked with foster children at a non-profit called Place of Hope in Palm Beach Gardens.