YOUNGSTOWN, Ohio - A man serving 29-years-to-life in prison for murdering an elderly man and wounding is wife outside a Youngstown church was in court Tuesday morning to be sentenced again.

35-year-old Aubrey Toney's original sentence was re-instituted by Judge Maureen Sweeney.  

Toney received the maximum sentence for firing the shots that killed 74-year-old Thomas Repchic of Youngstown, and wounded his wife as they left St. Dominic's Church in September 2010.

Investigators say the Repchics became victims of a drive-by shooting due to a case of mistaken identity.

An appeals court sent the case back to Judge Sweeney after ruling that when she sentenced Toney to 18 years to life for the murder of Repchic and another 11 years for the shooting of his wife, she failed to explain why the sentences were to be served one after the other.

Sweeney clarified in court Tuesday that the consecutive sentences were due to the extreme nature of the crime and Toney's criminal history.

Toney will continue serving his sentences at Mansfield Correctional Institute.  He is not eligible for parole until 2054.

The decision from the Seventh District Court of Appeals may be viewed here.