By Cecilio Padilla

MODESTO (CBS13) — After having his death sentence overturned, convicted killer Scott Peterson will be retried for the penalty phase of his 2002 murder case.

Peterson appeared remotely from San Quentin State Prison for a hearing in Stanislaus County Court on Friday morning. According to the district’s attorney’s office, it was decided that the penalty phase will be retried and another court date in November was set.

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Friday’s hearing. (Credit: Vicki Behringer, courtroom artist)

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Earlier in October, the California Supreme Court had ordered for Peterson’s 2004 conviction of murdering his wife, Laci, and their unborn son to be reexamined.

Further, back in August, the California Supreme Court also ruled to overturn Peterson’s death sentence over questions brought up over a juror. However, the court rejected Peterson’s argument that he couldn’t get a fair trial due to the publicity of the case.

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The court did decide to uphold Peterson’s murder conviction, but left open the possibility for prosecutors to try again for the same sentence.

While Peterson was originally given the death sentence, California hasn’t executed any death row inmate since 2006. Further, Gov. Gavin Newsom issued a moratorium on executions for as long as he is in office.

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As part of the retrial, a person attorney – Pat Harris – has been brought in to represent Peterson instead of the public defender’s office.

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Peterson’s next court date has been set for Nov. 6.