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SD death row inmate wants execution called off

SIOUX FALLS (AP) — A South Dakota inmate convicted of killing a prison guard during a botched escape attempt has asked the state Supreme Court to cancel his scheduled execution in January.

Fifty-one-year-old Rodney Berget pleaded guilty to killing guard Ronald Johnson in April 2011. His initial death sentence was overturned by the Supreme Court because of a judge error, but he was sentenced again to death last May.

The Argus Leader reports that Berget has requested a stay of execution because he plans to appeal the new sentence. Attorney General Marty Jackley has filed a motion opposing the request.

Two other inmates were involved in Johnson's death. Michael Nordman was sentenced to life in prison, and Eric Robert was executed last October.