The Florida Supreme Court has overturned the death sentence for a Jacksonville man convicted of killing his stepfather in 2005.

Robert Peterson was convicted for the murder of Roy Andrews. Peterson, who was 41 at the time of the crime, had been living at home with his mother and his stepfather. Andrews had been Peterson’s stepfather since Peterson was 15.

Shortly before the murder, Peterson’s mother, at the urging of Andrews, told Peterson he had to move out. Also at Andrews’ insistence, Peterson’s mother stopped providing Peterson with money.

Andrews was beaten and shot twice in Jacksonville, with his body left in the Greenlawn Cemetery very close to where Peterson’s ex-girlfriend was buried.

A jury voted 7-5 to give Peterson the death penalty. However, a recent Supreme Court decision says any death penalty sentence must be unanimously recommended by the jury.

Peterson's sentencing has been sent back to the trial court and a new penalty phase will be held.