FORT WORTH, Texas (AP) — The Texas Court of Criminal Appeals has rejected a lower court recommendation that a convicted killer's death sentence should be changed to life in prison because prosecutors lied during the case.
A district judge had recommended 34-year-old Paul David Storey be resentenced because prosecutors weren't truthful when they told jurors the victim's family wanted Storey executed.
The Fort Worth Star-Telegram reports that the appeals court last week found no evidence that one of Storey's attorneys wasn't aware of the victim's parents' opposition to the death penalty. The court also said the family's wishes "do not override prosecutorial discretion" to seek the death penalty.
Storey's execution was stayed last year when the parents of victim Jonas Cherry said they opposed a death penalty.
Storey's attorneys said they'll ask the appeals court to reconsider.
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Information from: Fort Worth Star-Telegram, http://www.star-telegram.com