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Resentencing hearing set for convicted Mont Vernon killer
Spader, 21, indicated he would forego his right to be resentenced under the U.S. Supreme Court's Miller v. Alabama decision in an affidavit he submitted to Hillsborough County Superior Court earlier this month.
Spader is serving a mandatory life prison term without chance of parole for the murder of Kimberly L. Cates, 42, and 76 years for maiming her daughter during the Oct. 4, 2009 home invasion and other convictions.
The Miller ruling makes mandatory life prison terms without parole unconstitutional for juvenile criminals. Spader was 17 when the crimes occurred.
The resentencing hearing enables Spader and his attorneys to present mitigating evidence that was not allowed when he initially was sentenced Nov. 9, 2011. Spader also could testify. Judge Gillian L. Abramson could still impose the same sentence.
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