The Supreme Court decision did not specify what sentence would be more appropriate. That means Rambold potentially could face even more time in prison.

Twito said he would consult with attorneys in his office and the victim’s family before deciding how much prison time prosecutors will seek.

The case will likely be assigned to a new judge sometime next week, Baugh said Wednesday. He said he was not surprised by the court’s decision.

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The judge sparked outrage when he commented that victim, Cherice Moralez, was “older than her chronological age.”

Her death took away the prosecution’s main witness and resulted in a deferred-prosecution agreement that required Rambold to attend a sex-offender treatment program.

When he was booted from that program – for not disclosing a sexual relationship with an adult woman and having an unauthorized visit with the children of his relatives – the prosecution on the rape charge was revived.