EDINBURG – An appeals court has thrown out the death sentence of a man convicted of killing a Donna man in 2006.

The Texas Court of Criminal Appeals ruled five to four that trial attorneys for 47-year-old Douglas Armstrong conducted a constitutionally inadequate investigation.

A Hidalgo County jury decided on the death penalty after convicting him of the murder of Rafael Castelan in Donna.

The court said a more thorough investigation of Armstrong’s life and mental issues may have convinced at least one juror to choose a life sentence.

No word yet when his new punishment trial will begin.