A man who was convicted of touching a 12-year-old girl in his former Woodury Heights apartment will stay in prison.

A state appeals court Monday upheld the Sept. 20, 2012 conviction of Victor E. Albarracin, 35, of Pennsauken. He was sentenced to serve seven years in a state prison, authorities said.

Albarracin was convicted of a sexual assault that happened on July 10, 2007, said authorities.

An appellate judge denied defense arguments that the testimony of the victim’s sisters should not have been permitted in court; that the trial judge should have instructed the jury about the defense of intoxication; that one of the sisters was permitted to testify about a previous incident; that testimony about the detective who investigated the case meeting with a state child welfare caseworker should have been barred; and that Albarracin was denied his right to testify, authorities said.

In a 30-page opinion, the judge pointed out that the trial judge twice carefully explained to the defendant his options about testifying.

In opposing the appeal, Assistant Gloucester County Prosecutor Joseph Enos addressed Albarracin’s claim that he was in a “dream-like” state from drinking when he touched the child, said authorities.

Enos said Albarracin never claimed to be intoxicated and that a there was no evidence his mental faculties were “prostrated.”

The appeals court did remand the case for resentencing, to clarify what it said appeared to be an inconsistency in factors the trial judge had used to determine the sentence.