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HOUSTON - The sentencing phase for David Temple who was convicted of killing his wife is set for April.
In August 2019, Temple was found guilty for the second time of murdering his pregnant wife, Katy High School teacher Belinda Temple, in 1999 but sentencing could not be agreed on, so the judge declared it a mistrial.
PREVIOUSLY: Judge denies third trial, change of venue for David Temple, man guilty of murdering pregnant wife
A new jury will reportedly be selected on April 3 to decide the sentencing. The court opening is scheduled for April 10.
Temple was convicted for the first time in 2007 for his wife's murder after years of an investigation, but the ruling was overturned in 2016 and he was granted a retrial.
SECOND TRIAL: Man on trial a second time for killing pregnant wife in 1999
Prosecutors say Temple was having an affair with a co-worker and that gave him motive.
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Mistrial declared in sentencing of David Temple, guilty conviction stands
FOX 26's Randy Wallace reports on the mistrial declared for David Temple.
He was out running errands on Jan.11, 1999, when she was murdered. But according to the timeline assembled by investigators, he had time to slip home and kill her.
At the time, Belinda was eight months pregnant with the couple's second child. The baby also died.
The defense said the prosecution had the timeline all wrong, and investigators retraced his steps in the evening not during the time of the murder when traffic was heavier, and argued there simply was no time.
MORE: Bond set at $1 million for David Temple while he awaits sentencing
Prosecutors never turned over reports about the boy next door to the defense in the original trial. An appeals court in 2017 ruled that was prosecutorial misconduct and grounds for a new trial.
In 2020, Temple's attorneys asked the judge to toss out the second conviction and hold a new trial. They also asked for a change of venue, but a judge denied both requests.