CARSON CITY, Nev. (AP) - A divided Nevada Supreme Court has overturned the death sentence and ordered a new penalty hearing for one of three men convicted of robbing and killing a paraplegic woman in Sparks.

In an opinion issued Wednesday, justices unanimously upheld the first-degree murder conviction of 31-year-old Pedro Rodriguez for the 1998 murder of Kimberly Fondy.

But the high court, in a 4-3 split, differed on whether the death penalty was appropriate.

The majority determined his trial lawyer was ineffective for not doing enough to find witnesses to present mitigating testimony about his background during the penalty phase.

The case was remanded to Washoe District Judge Brent Adams for a new penalty hearing.

Two other defendants are serving life prison terms.