SANTA FE (KRQE) - The state Supreme Court has overturned the conviction of Marino Leyba Jr., the Santa Fe man accused of killing his pregnant girlfriend and her father.
Sarah Lovato, 17, was 36 weeks pregnant with Leyba's child when she and her father Benny were shot to death in April 2009,
Leyba was convicted of two counts of first-degree murder and tampering with evidence. He was sentenced to two consecutive life terms plus three years.
On Monday the Supreme Court overturned that conviction saying Sarah Lovato's diary should not have been admitted in the trial.
In the diary, she wrote about a history of violence with Leyba.
The Supreme Court ruled the diary is hearsay and ordered a new trial for Leyba.
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