FARGO-A post-conviction relief hearing that was set for Thursday morning, Dec. 8, in Cass County District Court for the man convicted in the 1996 shooting death of Cherryl Tendeland of West Fargo has been canceled.
The hearing for Barry Garcia, 36, will be rescheduled at a later date, according to the Cass County State's Attorney's Office.
Garcia was sentenced to life in prison without parole for murdering Tendeland with a 12-gauge shotgun while she sat in her car in the driveway of her West Fargo home.
Garcia, who was 16 at the time of the murder, wants to have his sentence reviewed in light of a recent Supreme Court decision that finds life sentences without parole for juveniles to be cruel and unusual punishment.
The state argues the Supreme Court's finding only applies to mandatory sentences and that U.S. District Judge Ralph Erickson used his own discretion when sentencing Garcia.
