CALGARY -- The Court of Appeal of Alberta has ruled against a Calgary man's appeal of his 2019 manslaughter conviction in connection with the death of his five-year-old grandson.

Allan Perdomo Lopez was found guilty in the fall of 2019 for his role in the 2015 beating death of Emilio Perdomo. The grandfather, who was 60 at the time, was sentenced to nine years in prison.

Perdomo Lopez launched an appeal of his conviction and sentence, stating that his Jordan application — a request to dismiss charges when a case is not heard in a timely manner — and his challenge of how his home was searched were both dismissed erroneously by the trial judge .  

In its decision released Monday, the Court of Appeal of Alberta ruled against Perdomo Lopez's request after determining that the trial judge had applied the correct law. The decision also confirmed that the onus is on both the Crown and the defence to ensure a trial is heard within a reasonable time, and that Perdomo Lopez's defence council contributed to the delay in his trail.

Emilio had been sent to Canada from his native Mexico in 2015 to have a better life. Roughly five months after arriving in Calgary, the five-year-old suffered a fatal brain injury and died in hospital days later.