The Kansas Supreme Court has upheld a Salina man’s murder conviction, but has ordered that he be resentenced.

Davin Sprague is serving a hard-50 life sentence for the 2010 murder of his wife. He was convicted of killing his wife Kandi Sprague, and then burying her body in a shallow grave in the floor of a Morton building located on his rural Saline County property.

In a ruling released Friday morning, Kansas Supreme Court Justice Caleb Stegall wrote for a unanimous court rejecting an appeal that Spragues conviction should be reversed because of trial errors.

The court, though, vacated Sprague’s hard-50 sentence because the statutory procedure for imposing the sentence violated the Sixth Amendment to the United States Constitution by imposing the enhanced sentence without requiring a jury to find the existence of the aggravating factors. The court remanded the case back to Saline County District Court for resentencing.