A California judge ruled Wednesday that Scott Peterson must be re-sentenced after the state supreme court overturned his death sentence last year.

Peterson, convicted of murdering his pregnant wife Laci and sentenced to death in 2005, will be resentenced in November to life without parole, Superior Court Judge Anne-Christine Massullo said, according to KRON.

Peterson’s attorneys argued against re-sentencing because they’re seeking a retrial. But Massullo disagreed.

“This case has become more complicated. Sentencing Mr. Peterson should not be delayed,” she said.

A date for the sentencing has not been set — that will come on October 6 — but Massullo also said that Peterson must appear in court for the sentencing.

Peterson has been on death row at San Quentin since his original sentencing. Stanislaus County District Attorney Birgit Fladager has said she does not intend to seek the death penalty should Peterson get a new trial.

Defense attorneys have accused one of the jurors of misconduct and want the original trial thrown out because of that. They say Juror No. 7 failed to disclose that she was beaten by her boyfriend while she was pregnant. Fladager has accused Peterson’s attorneys of conducting a “witch hunt” against the juror.

Laci Peterson, 27, disappeared around Christmas in 2002. She was eight months pregnant. Her body was found in San Francisco Bay.

Peterson has maintained his innocence from the start. It’s not clear when Massullo will rule on the retrial.

ADDITIONAL Scott Peterson Coverage:

• ‘I couldn’t feel my feet on the floor’: Scott Peterson says he’s shocked he was convicted of killing Laci Peterson and unborn son, Conner
• The real reason Scott Peterson killed his wife: Aphrodite Jones talks Peterson’s true motive and CrimeCon [EXCLUSIVE]
• CrimeOnline Evidence Locker: Watch the Scott Peterson interrogation tapes
• Scott Peterson’s last message to Laci revealed to the public for the first time

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[Featured image: Scott and Laci Peterson/handout]