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S.D. (AP) – South Dakota Attorney General Marty Jackley has asked the 2nd Judicial Circuit to schedule a re-sentencing hearing for a man who helped kill a guard at the State Penitentiary in Sioux Falls.

The state Supreme Court this week overturned Rodney Berget’s death sentence and ordered a new sentencing hearing. Justices said the circuit judge who sentenced Berget to die improperly considered a statement Berget made to a psychiatrist.

Jackley has filed a motion asking the circuit court to schedule a new sentencing hearing “at the earliest time convenient for the court and counsel.”

The 50-year-old Berget and another inmate, Eric Robert, pleaded guilty to killing guard Ronald Johnson during a failed escape attempt in April 2011. Robert was executed last October. Berget appealed his death sentence.