NORFOLK, Va. (WVEC) -- A Norfolk judge denied a retrial for Anthony Burfoot.

The embattled Norfolk city treasurer is currently serving a six year prison sentence for corruption and perjury.

Burfoot's attorney, Andrew Sacks, tried to argue local businessman Ronnie Boone was not mentally fit enough to testify during the trial. Boone testified during the trial that Burfoot took bribes.

The judge disagreed, saying he didn’t believe there was evidence strong enough to suggest that that was the case.

After the retrial was denied, Sacks said he was not surprised by the decision, calling it an uphill battle.

"We feel strongly the evidence we did produce is of the type that would be material and significant in a new trial," Sacks said. Sacks added he plans to appeal.