Joe Lee Guy was sent to death row for his role in a 1993 robbery and murder in Plainview.
On Friday a Federal Judge in Lubbock threw out that sentence. The judges ruling only negates Guy's sentence, the conviction for his role in the attack that killed 62-year-old Larry Howell stands.
State District Court in Hale County will now decide Guy's punishment. The Prosecutor says he'll offer a plea deal of life in prison, if the Attorney General's office does not appeal the Judge's ruling.
The Texas Attorney General's office is reviewing the decision.