Kelowna

A new trial is set to begin for the Penticton man who won his appeal on his first degree murder conviction.

Corey Wolf Swite was in a Kelowna court room, Tuesday, while both defence and crown council discussed witnesses and guidelines for the trial which is set to start at the beginning of October.

Swite was accused in the sexual assault and murder of a senior back in August of 2006.

The BC Court of Appeal set aside the First Degree murder conviction in 2011, after a procedural error was made by the trial judge.

Swite's lawyer appealed saying the  original trial judge, Justice Peter Rogers, made a mistake by not following the mandatory procedure set out in section 640(2) of the Criminal Code for the conduct of the challenge for cause.

Swite was originally sentenced to life in prison with no possibility of parole for 25 years.