A Girard man caught on video beating his dog has lost a legal battle to avoid facing animal cruelty charges for a second time.

The Ohio Supreme Court has overturned an earlier appeals court decision to throw out the animal cruelty conviction of 54-year-old John Giordano.

According to a police report, Giordano used his knee to force his four-year-old Rottweiler “Hazard” to the ground and hit him with a closed fist in early 2016.

Once the video was posted on wfmj.com and social media, police took note and charged John Giordano with animal cruelty.

Giordano pleaded no contest to the charge as part of a plea deal.

Girard Municipal Court Judge Jeffrey Adler fined Giordano $250 and handed down a suspended 90 jail sentence.

Hazard was surrendered to the Trumbull County Animal Welfare League as part of Giordano's sentence.

Giordano took his case to the 11th District Court of Appeals, successfully arguing that plea deal should not stand because Judge Adler failed to ask the prosecutor to explain the circumstances surrounding the crime before finding Giordano guilty.

The possibility that the city of Girard would try to prosecute the case again brought an objection from Giordano, who said it would place him in double jeopardy.

The city took the case to the Ohio Supreme Court which on Tuesday overturned the appellate court ruling.

The justices ruled that the double jeopardy clause can only prevent a retrial when a conviction is reversed based on insufficient evidence.

In Giordano's case, the case was overturned on a procedural error so the proceedings can be sent back to Girard Municipal Court.