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WOODLAND PARK, Colo. (KDVR) — Krystal Lee Kenney, the woman who pleaded guilty for her role in the killing of Kelsey Berreth, will be re-sentenced.

Kenney was a nurse from Idaho and the mistress of Patrick Frazee, 34, who was found guilty in November 2019 of killing 29-year-old Berreth on Thanksgiving 2018.

Kenney is in prison for taking Berreth’s cellphone back to Idaho to try to make it look like Berreth had left Colorado. 

She pleaded guilty to tampering with evidence and was sentenced to three years in prison.

However, on Thursday, an appeals court ordered Kenney be re-sentenced.

“Because the district court erroneously sentenced Kenney outside the presumptive maximum term, we vacate Kenney’s sentence and remand the case for resentencing,” an order from the court read.

Kenney was sentenced to twice the maximum presumptive term of 18 months for the crime because of aggravated circumstances. However, in her appeal, Kenney argued the aggravated sentence violated her constitutional rights.

Frazee was brought to trial for beating Berreth to death with a baseball bat while their young daughter was nearby.

He was found guilty on a total of six counts: two counts of first-degree murder, one count of tampering with a body, and three counts of solicitation to commit murder.

Frazee was sentenced to life in prison without the possibility of parole, plus 156 years. Prosecutors had not sought the death penalty in the case.