- Associated Press - Tuesday, February 2, 2016

NEW BRUNSWICK, N.J. (AP) - A state appellate court has ruled that a New Brunswick man twice convicted of murder in a fatal shooting must be resentenced.

But the same panel rejected Brian Fowlkes’ bid to have his second conviction overturned.

Fowlkes was convicted in the May 2004 shooting of Hassan Bass, a 24-year-old New Brunswick resident. Middlesex County prosecutors have said Fowlkes shot Bass to settle a dispute that occurred when both were in prison for other crimes.

Fowlkes’ conviction was overturned by another appeals court in January 2010. That panel cited errors by the trial judge and prosecutors.

Fowlkes was convicted again in 2012 and was sentenced to life without parole. But the appellate court ruled Tuesday that he wasn’t eligible for that sentence.

Fowlkes now faces a term of 30 years to life when he’s resentenced.


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