Former Windsor Spitfire Ben Johnson is headed back behind bars after efforts to appeal his three-year prison sentence were dismissed Tuesday.

Johnson was found guilty of sexually assaulting a 16-year-old girl in the bathroom of a downtown bar and sentenced on Oct. 25.

Days later, prominent Toronto lawyer James Lockyer filed a notice of appeal claiming the verdict was "unreasonable."

"The trial judge erred ... by improperly making a finding of fabrication," wrote Lockyer in his notice, adding "the trial judge misapprehended evidence in rejecting [Johnson's] account of the incident in the bathroom stall."

The lawyer confirmed to CBC News Tuesday evening his client's appeal was dismissed during a court appearance in Toronto.

Johnson was out on bail while awaiting word on his appeal.