(WKYT) – Shannon Gilday’s attorneys are challenging part of the Shelby County jury’s recommended sentence.
The jury recommended a sentence of life in prison with a chance of parole after 25 years after Gilday was convicted in the shooting death of Jordan Morgan.
Jurors also recommended an additional 17 years for non-murder charges.
RELATED: Jury returns recommended sentence in Shannon Gilday murder case
[READ THE FULL MOTION BELOW]
Gilday’s attorneys filed a motion in Shelby Circuit Court that argues he should not have faced an aggravated count.
The motion claims that since the jury did not find Gilday guilty of first-degree burglary in the first phase, and instead found him guilty but mentally ill, he should not have been charged with an aggravated count.
In the motion, the attorneys say that Kentucky law requires jurors to find a statutory aggravator guilty beyond a reasonable doubt, and that aggravators listed in state law do not include a guilty but mentally ill verdict.