The death sentence of a Florida man convicted of the 1981 killing of a convenience store clerk was vacated because his IQ is too low.

A judge in Daytona Beach last month signed an order setting aside the death sentence for Ted Herring.

Circuit Judge Joseph Will wrote in his decision that Herring has significant limitations in his functioning.

The state Attorney General's Office has appealed the decision to the Florida Supreme Court. If the order is affirmed, Herring will be sentenced to life in prison.

A 2002 Florida law prohibits the execution of anybody with an IQ below 70.

Herring was convicted in 1982 of killing clerk Norman Dale Hoeltzel at a 7-Eleven in Daytona Beach.