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OKLAHOMA CITY (AP) — A Tulsa man sentenced to life in prison without parole for killing his former girlfriend will receive a new sentencing hearing.

Renese Bramlett was convicted of the strangulation of Michelle Spence in 2015.

The Oklahoma Court of Criminal Appeals on Thursday upheld the conviction, but ruled that a prosecutor committed “flagrant misconduct” by twice telling the jury that a sentence of life with parole meant Bramlett would be paroled in about 38 years.

The court said that Bramlett would only be eligible for parole at that time, not automatically freed as the prosecutor told jurors.

The court noted that attorneys for the state acknowledged Bramlett’s argument on appeal is correct.

An attorney for Bramlett declined comment.