VanHoutte wants a judge to consider reducing his 12-year prison sentence for having sex with a student, or throwing out his conviction, because Jeff Terronez was the prosecutor.
Terronez developed an inappropriate relationship with the teenaged victim in the VanHoutte case, and later plead guilty to buying her alcohol.
The state's motion, filed this week, says VanHoutte's motion for post-conviction relief should be dismissed because VanHoutte confessed to the crime and later plead guilty.
It says VanHoutte's motion doesn't establish a timeline and has ''failed to establish that the inappropriate relationship existed before (VanHoutte's) plea''.
A hearing date for the motions still has to be set.