The lawyer for Patrick McGail is appealing to the Ohio Supreme Court a December appeals court ruling upholding his 2014 conviction in the murder of Nate Wintrow of Troy.

The notice of appeal was filed Feb. 9.

McGail is serving 24 years to life in prison following conviction by a Miami County jury in August 2014 on charges of murder, aggravated robbery, aggravated burglary and a firearms specification in the October 2013 death of Wintrow, 20.

The 2nd District Court of Appeals in December upheld the conviction but sent the case back to Miami County Common Pleas Court for a new hearing on part of the sentence.

The appeals court agreed with McGail’s claim 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.

A Common Pleas Court hearing on the appeals court re-sentencing order was scheduled for Feb. 17 but canceled Feb. 10 by Gee after notice of the appeal to the Supreme Court.

McGail was one of three Troy teens convicted in the death of Wintrow, who was fatally shot when McGail and Jason Sowers, 18, of Troy, forced their way into his Canal Street house and a struggle ensued. Sowers, who fired the gun, and Brendon Terrel, 21, also of Troy, entered plea deals and were sentenced to 18 years to life and 14 years, respectively.

The appeals court rejected the rest of McGail’s appeal claims including allegations of juror and prosecutor misconduct, ineffective counsel and an argument evidence did not support the conviction.

In appealing McGail’s case to the state Supreme Court, lawyer Gary Schaengold of Dayton wrote the case “raises a substantial constitutional question” and is of public and general interest.

Lawyers for Sowers last year appealed his conviction and sentence to the Ohio Supreme Court. The court declined to hear that appeal in January.