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ANCHORAGE, Alaska (AP) — The Alaska Court of Appeals has overturned the second-degree murder conviction of a man accused of fatally shooting another man at an Anchorage mall in 2010.

Anchorage TV station KTUU reports Friday that the appeals court ruled the jury that convicted Terrence Gray should have been given instructions on the “heat of passion” defense in connection with the death of Edwing Matos at the busy Dimond Center Mall.

The state can retry Gray for second-degree murder or enter a manslaughter conviction. The appeals court said Gray would have been convicted of manslaughter under a “heat of passion” defense.

Gray was sentenced to 40 years in prison after his second-degree murder conviction.

Prosecutors in the case have said the shooting involved a dispute over a stolen video game console.

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Information from: KTUU-TV, http://www.ktuu.com