- Associated Press - Friday, December 4, 2015

TOPEKA, Kan. (AP) - A 41-year-old central Kansas man convicted of killing his wife will be resentenced after the Kansas Supreme Court rejected his bid to have his first-degree murder conviction overturned but said his Hard 50 sentence was unconstitutional.

Davin Sprague was sentenced in 2012 to at least 50 years in prison for the September 2011 death of 28-year-old Kandi Sprague. The state Supreme Court on Friday rejected Sprague’s argument that his conviction should be reversed because of trial errors, noting only two instances of prosecutorial error happened during closing arguments - and both were harmless.

The court vacated his sentence because the U.S. Supreme Court has ruled such sentences are unconstitutional unless a jury finds the existence of aggravated factors. Sprague initially was sentenced by a judge, rather than a jury.

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