Killer's appeal gets him same sentence: Life
Frederick Wade convicted of murdering Kalil McCoy in 2011
JACKSONVILLE, Fla. – Frederick Wade, who succeeded in having his life sentence on a conviction of second-degree murder in the death of 20-year-old Kalil McCoy overturned, will return to Florida prison with a new life sentence.
Wade's lawyer appealed on grounds that the trial judge erred in sentencing Wade to a mandatory life sentence, since he intended to sentence him to 25 years to life in prison. But when the prosecutor advised Judge Tyree Boyer that as a "life felony," and that a second-degree murder conviction called for a mandatory life sentence, the judge agreed.
The appeals court ruled the judge was misled by the state and ordered that Wade be resentenced.
At a resentencing hearing Wednesday afternoon, Judge Boyer again sentenced Wade to life in prison, adding that Wade will technically receive 25 years to life, but under the law, will spend the rest of his life in prison.
McCoy was shot to death in a vehicle while out with a group of friends and her body was dumped in some woods. Prosecutors said Wade was the trigger man. Three others pleaded guilty to accessory after the fact and are serving sentences of one to 15 years.
McCoy's family were in the courtroom for the hearing and were relieved to learn that the man convicted of killing Kalil won't ever get out of prison.
"I feel better now, much better that he will receive life for the murder of my daughter," said Lynette Roebuck.
Copyright 2013 by News4Jax.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.