TULSA, Okla. - A man convicted of rape appealed his sentence to a Tulsa jury, only to face a harsher punishment.
Daniel Kelley was convicted of first degree rape by instrumentation for an attack against a woman in a wheelchair in 2015.
Kelley was originally sentenced to 20 years, but when he appealed his case, the jury returned a more severe sentence.
Kelley’s public defender, Stuart Southerland, argues, the original jury could have sentenced him between 20 years and life without parole, and they choose the minimum. He says had they known the minimum was 10 years instead of 20, Kelley would have gotten the lesser sentence.
When he appealed, they recommended life in prison.
A judge will decide on Kelley's sentence by December 19.
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