The Oklahoma Court of Criminal Appeals handed down the decision Thursday to Fabion Brown, who represented himself during a trial in Oklahoma County where he was convicted of two counts of first-degree murder and sentenced to death for the 2012 killings of his wife, Jessica Brown, and her fetus.
The court upheld the convictions but set aside the death sentence and ordered a new sentencing hearing. The court ruled Brown wasn't aware of his rights when he refused to be represented by an attorney during the penalty phase of his trial.
Brown's appellate attorneys, Bobby Lewis and Jamie Pybas, didn't immediately return a telephone call seeking comment.
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