Neo-Nazi murderer Robert Reitmeier is appealing his conviction and sentence for the 2010 beating death of Mark Mariani.
After being found guilty by a jury in November, Reitmeier was sentenced to life in prison with no chance of parole for 13 years.
News of the appeal isn't sitting well with Mariani's family.
"Mark didn't get a chance to have his sentence appealed," said Kathy Weltzin, the victim's sister. "He was sentenced to death that night."
Mariani, 47, was beaten in an alley behind a strip mall in northwest Calgary before collapsing by his vehicle in a nearby parking lot in October 2010.
Tyler Sturrup, is already serving a life sentence with no chance of parole for 10 years after pleading guilty in March for his role in Mariani's killing.
Now Reitmeier wants the Alberta Court of Appeal to grant him a new trial. One of the Crown prosecutors on the original trial says he isn't surprised.
"We certainly expected an appeal to be likely and advised the family to be prepared as well," said Adam May.
Appeal request alleges judge erred
In the notice of appeal, written by Reitmeier himself, he asks for a new trial by judge alone.
According to the notice, Reitmeier says he has grounds for appeal due to what he calls an unreasonable verdict.
He says the judge erred on three fronts in failing to properly instruct the jury regarding inconsistent testimony, by imposing an excessive parole ineligibility in sentencing and in failing to consider the lack of direct evidence when considering an appropriate sentence.
No date for the appeal has been set.
However, Weltzin says the Mariani family will be there every step of the way if an appeal is granted.
"We are committed to being there every single day, every time we are called to do this for Mark," she said.