NOWATA COUNTY, Oklahoma - An appeals judge is telling Nowata County to re-sentence a man convicted of burglary and rape and sentenced to life without the chance of parole.

A jury convicted Travis Barnes of breaking into an 84-year-old woman's home and raping her in 2014.

He told the court another person made him do it at gunpoint.

The appeals court upheld his conviction but said a prosecutor made a comment that wasn't allowed and it may have influenced the jury's sentencing.