CLEVELAND (AP) — A Cleveland man whose 2002 death sentence for aggravated murder and rape was overturned has been resentenced to life in prison without parole.

A three-judge panel in Cuyahoga County imposed the sentence Wednesday on 42-year-old Kelly Foust after approving a plea agreement between Foust and prosecutors that allowed the former death row inmate to avoid facing a possible death penalty again.

Foust’s attorney, Jason Haller, declined to comment Thursday.

Cleveland.com reports that authorities said Foust broke into a home in 2001, looking for his estranged girlfriend. They say he fatally beat Jose Coreano with a claw hammer, raped the girl and set fire to the house.

A federal appeals court overturned Foust’s death sentence in 2011, finding that his lawyers didn’t present evidence of "horrific" childhood abuse he suffered.

Information from: cleveland.com, http://www.cleveland.com