The State of Indiana will not appeal a decision vacating the feticide conviction of Purvi Patel, the Granger woman who had previously faced 20 years in prison for what state attorneys described as an illegal self-induced abortion.

Patel was arrested in 2013 after she sought treatment at a hospital emergency room for heavy vaginal bleeding. While being examined by medical personnel, Patel told doctors she’d had a miscarriage and had disposed of the remains. Investigators located those remains and eventually charged Patel with both feticide and felony neglect of a dependent, based on the theory that Patel had self-induced an abortion and delivered a live infant, which then almost immediately died post-delivery. In February 2015, a jury convicted Patel of both counts.

But in July, the Indiana Court of Appeals vacated Patel’s feticide conviction, holding the statute was not designed to be used to criminally charge people for their own failed pregnancies. However, the court largely upheld Patel’s felony neglect of a dependent conviction, deferring to controversial medical testimony offered by the state that claimed Patel’s fetus was on the cusp of viability and had taken a breath outside her post-delivery.

Patel had initially been sentenced to serve a total of 20 years. But because attorneys for the state failed to appeal the July decision, she could be available for re-sentencing as soon as the court can schedule a hearing—which could mean a possible release as early as September, depending on her new sentence and credit for time served.