- Associated Press - Friday, March 1, 2019

BISMARCK, N.D. (AP) - The North Dakota Supreme Court will hold a hearing later this month to consider whether a man who fatally shot a West Fargo woman in 1995 should receive a lighter sentence.

Barry Garcia is serving life in prison without the possibility of parole for killing Cheryl Tendeland while she, her husband and a friend were sitting in a car. Prosecutors at the time said Garcia and other gang members had stolen a sawed-off shotgun and were casing a house to rob when Tendeland was killed.

It’s not the first time Garcia has asked the court for a lighter sentence. Garcia based his 2017 argument on a U.S. Supreme Court ruling that a life sentence without parole for juveniles was cruel and unusual punishment. Garcia was 16 at the time of the shooting.

A hearing is scheduled for March 26.

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