Patrick McGail’s conviction in the 2013 shooting death of Nate Wintrow of Troy was upheld Dec. 22 by Ohio’s 2nd District Court of Appeals. The court in addition reversed a portion of McGail’s sentence and ordered the case back to Miami County for resentencing.

McGail, 19, of Troy was one of three Troy teens convicted in the death of Wintrow, who was shot when McGail and Jason Sowers, 18, broke into his Canal Street home with plans to steal money and marijuana. Wintrow was shot fatally during an altercation when the intruders were confronted.

Sowers and Brandon Terrel, 21, of Troy pleaded to charges in the death and were sentenced to 18 years to life and 14 years, respectively. McGail was tried by a jury in August 2014 and found guilty of murder, aggravated robbery, aggravated burglary and a firearms specification. He was sentenced to 24 years to life in prison.

The appeals court upheld one of McGail’s claims of error in handling the case. It found that he should not have been sentenced on convictions for both murder and aggravated robbery because they were part of the same act.

Common Pleas Judge Christopher Gee sentenced McGail to 15 years to life for murder and six years for aggravated robbery, to be served concurrently, plus six years consecutive for aggravated robbery and three years consecutive for aggravated burglary.

The appeals court said prosecutors would choose either the murder or aggravated robbery charge for sentencing.

McGail’s six other claims of error included allegations of juror and prosecutor misconduct, claims the convictions were against the evidence, the court should not have imposed more than the mandatory minimum sentence, inffective assistance of counsel and an overall cumulative error.