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Former BYU safety Shiloah Te'o plans to appeal his conviction for driving under the influence.

A Provo jury last week convicted Te'o of the misdemeanor offense. Justice Court Judge Vernon Romney immediately ordered Te'o to two days in jail and one year of probation. But the attorney for Te'o, Abraham Bates, said that sentence is stayed while Te'o appeals the conviction to Utah's 4th District Court. In an interview Wednesday, Bates said there are problems with the evidence and those problems were not addressed in justice court.

The jury acquitted Te'o of two lesser traffic violations.

BYU football coach Bronco Mendenhall dismissed Te'o from the Cougars shortly after his Aug. 29, 2009, arrest came to light. Te'o is currently on the roster for Oregon State and will be a junior during the 2011 season.