(CNN) -- A Louisiana appeals court Friday vacated the remaining conviction of a teenager accused in a violent, racially charged incident in Jena, Louisiana, his attorney said.
Mychal Bell's defense team will be filing a motion to get him out of prison.
Bob Noel said the 3rd District Court of Appeals in Lake Charles threw out the conviction for second degree battery against Mychal Bell, saying the charges should have been brought in juvenile court.
"We're happy now, but tomorrow is another day," Noel told reporters.
The future of the case against Bell is up to the district attorney, who must decide whether to refile the charges in juvenile court, Noel said.
"We have to wait and see what the other side's going to do, how they're going to react," he said. Watch CNN's Susan Roesgen explain the case »
Bell's defense team would be filing a motion to get him out of prison, where he has been since his arrest in December, Noel said.
"The primary concern is to get Mychal Bell out of jail and into school where he needs to be," he said.
Bell, who is now 17, was 16 at the time of the fight in December 2006.
Earlier this month, a district court judge vacated a conviction for conspiracy to commit second degree battery, saying that charge should have been brought in juvenile court.
He left standing the second degree battery conviction, however.
A sentencing hearing that had been scheduled for September 20 is now off, he said.
The Revs. Jesse Jackson and Al Sharpton had been planning to join a rally in support of Bell on that date, The Associated Press reported.
Bell and five other members of what has become known as the "Jena 6" were initially charged with attempted murder and conspiracy to commit attempted murder in connection with the December 4 beating of a white student.
Charges against Bell were reduced, as were charges against Carwin Jones and Theodore Shaw, who have not yet come to trial.
Robert Bailey, Bryant Purvis and an unidentified juvenile remain charged with attempted murder and conspiracy to commit murder.
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