ALBUQUERQUE (KRQE) - An Albuquerque man who killed a Valley High School student six years ago is suddenly looking at a much shorter prison sentence.
Then-19-year-old Benjamin Montoya opened fire on an SUV carrying a group of teens in July 2007 near 11th Street NW and Griegos Road.
Diego Delgado was killed.
Montoya was later convicted of felony murder, which carries a life sentence, and voluntary manslaughter.
While the judge later dropped the voluntary manslaughter conviction and sentenced Montoya to life in prison, his attorney's appealed saying the double conviction was improper.
The New Mexico Supreme Court agreed and ordered the life sentence off the table.
Montoya will have to be re-sentenced. He now faces up to 15 years in prison.
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