The U

The U.S. 9th Circuit Court of Appeals in a 2-1 decision overturned the death sentence of Fernando Belmontes Jr. for poor jury instructions during the penalty phase of the trial. Belmontes, 42, was found guilty in the March 15, 1981 beating death of 19-year-old Steacy McConnell during a burglary. It's now up to the San Joaquin County District Attorney's Office to decide whether to retry Belmontes for first-degree murder and go for the death penalty again, or to let a default sentence of life without the possibility of parole stand.