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Ashley Toye's conviction overturned and her former attorney speaks out

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CAPE CORAL, Fla. — “She has a reason to live, she has a reason to fight”, said Stuart Pepper former attorney to Ashley Toye.

Ashley Toye's former attorney Stuart Pepper is speaking out. Toye was 17-years old when she was convicted of first degree murder, and sentenced to life without parole for her involvement in the murders of Jeffrey and Alexis Sosa back in 2006 in Cape Coral.

Recently the Second District Court of Appeals overturned a ruling by Judge Bruce Kyle, who vowed to keep Toye in prison without parole. The court ruled to overturn her conviction. The case has been re-assigned to another judge who will determine a lesser sentence for Toye.

Pepper says after re-sentencing, the prison system has the final decision.

“Then she goes back to prison, and while in prison they decide now, because she has a lesser restriction on her, what they could do to her. She could be released in several years it’s up to them,” said Pepper.

Meaning her future is wide open.

“She could be placed anywhere in the state, any prison they want, and she could be literally given house arrest, if that’s what the prison system warranted. So her future is wide open in terms of what could happen to her,” said Pepper.

Pepper believes Toye deserves a reduced sentence.

“And they pretty much said it should be life without parole, because they found no evidence in the record, the appeals court said that she didn’t do the things that would warrant life without parole,” said Pepper.

He says they both will remain hopeful.

“This gives her hope for the future, this keeps her humanity and that’s something she never lost”, said Pepper.