The South Dakota Supreme Court has upheld the death sentence handed down to Rodney Berget for the killing of Corrections Officer Ronald "R.J." Johnson in April 2011.

Attorney General Marty Jackley says the Court's ruling was unanimous.

He says he will ask the state Court to set an execution date.

By upholding the sentence and affirming a lower court's decision, the Supreme Court rejected Berget's argument that he should be entitled to present new evidence at his resentencing hearing, and that a new judge should be appointed to his case.

Berget's co-defendant, Eric Robert, was put to death in the fall of 2012.