A prosecutor who was given a case involving a police officer’s murder by Florida’s governor after the original prosecutor said her office would no longer seek the death penalty says the original prosecutor has no authority to ask for the case back.

Gov. Rick Scott gave the case against Markeith Loyd to State Attorney Brad King after State Attorney Aramis Ayala said she would no longer seek the death penalty. She now says Scott overstepped his authority.

King filed a motion Wednesday seeking the dismissal of Ayala’s request for a judge to hear arguments about why she shouldn’t have had the case taken from her.

Loyd is charged with first-degree murder in the killings of his ex-girlfriend and Orlando Police Lt. Debra Clayton.

Republished with permission of The Associated Press.

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