Frederick Wade, the man sentenced to life after being convicted of second-degree murder in the death of 20-year-old Kalil McCoy, will be resentenced.
Wade's lawyer appealed his life sentence in the murder on two grounds, one that Wade, who was 20 at the time, was eligible for sentencing as a youthful offender. That was denied.
The second ground was that the trial judge erred in sentencing Wade to life. He was going to impose a sentence of 25 years to life in prison until the prosecutor advised the judge that as a "life felony," a second-degree murder conviction called for a mandatory life sentence.
The ruling contains that exchange from the sentencing hearing. The appeals court ruled the judge was misled by the state.
The resentencing will be held next month.