SASKATCHEWAN (CBC) - Former Canadian Football League player Trevis Smith has lost his appeal of his aggravated sexual assault convictions.

The Saskatchewan Court of Appeal, in a unanimous decision by three judges, ruled Wednesday that Smith's two February, 2007 convictions should stand and dismissed his appeal.

Smith was a linebacker with the Saskatchewan Roughriders in 2005 when two women said he had unprotected sex with them without telling them he was infected with HIV, the virus that causes AIDS.

Following a trial that made headlines across Canada, Regina provincial court Judge Kenn Bellerose found the married father of two children guilty and sentenced him to 51/2 years in prison.

In arguing the appeal last month, Smith's lawyer said Bellerose violated Smith's right to be presumed innocent and the right to remain silent. The defence also said the judge should have considered Smith's testimony first before looking at the other evidence.

During trial, Smith testified that after he was diagnosed with HIV in 2003, he never had unprotected sex with the women he was involved with. However, the two complainants, one from Regina and the other from Surrey, B.C., testified Smith had sex with them without using a condom. Bellerose said he believed the women, who did not become infected with HIV.

The appeal court said Bellerose's decision to convict based on the women's testimony was supported by the evidence and no error was identified.

It's believed Smith is serving his sentence at the Saskatchewan Penitentiary in Prince Albert. He'll be eligible for parole in a year's time.

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