The sentence of convicted murderer Brandon Holt has been thrown out for the second time.
The 6th District Court of Appeals threw out Holt's life sentence this Friday because of a technicality.
According to court documents, after reveiwing a transcript of Holt's sentencing hearing it was found that the court failed to inform Holt after serving his term in prison he would be eligible for post release control, which is what court officials now call parole, in 40 years.
If certain elements are left out of a hearing, the appeals court can order a resentencing as is the case with Holt.
Even though his consecutive terms in prison will mean a life sentence, Holt still had the right to be informed of the possibility of parole.
Holt, 28, Sandusky, was convicted for the 2002 murder of Deborah Jensen in her home on Perry Street.
On January 2, 2004, Holt pleaded guilty to aggravated murder, rape, and aggravated burglary. He had a previous domestic violence conviction and a juvenile record including a rape conviction in 1996.
In his first appeal, Holt's conviction was affirmed in Erie County Common Pleas Court. In 2006, Holt's sentence was first thrown out by the Ohio State Supreme Court based on the precedent set by "State v. Foster." Based on the case of "State v. Coleman" and "State v. Friess" it was found at that time that Holt's terms of incarceration were in fact valid.
However, that was before the hearing transcripts were reviewed.