TOPEKA, Kan. (AP) — A Kansas woman will be resentenced for using a car to strike and kill the father of her child.

The Topeka Capital-Journal reports that a Kansas Court of Appeals panel on Friday vacated a 25-year sentence for Jennifer Bennett. She was 23 in September 2012 when she drove a car over a sidewalk and into a yard. Martin Dunn was struck and died from his injuries.

She pleaded no contest to a reduced charge of second-degree murder and agreed to an upward departure sentence. The Court of Appeals found the district court erred in not telling Bennett about her right to have a jury decide whether the upward sentence was justified.

The case was remanded to Montgomery County District Court for resentencing.