BOISE, Idaho -

 A man convicted of murdering a 30-year-old woman at a Garden City gas station in 1981 is returning to court to be sentenced for a fifth time.

Prosecutors are seeking a life sentence for Lacey Mark Sivak after courts overturned his death sentence four times.

The Idaho Statesman reports the life sentence would match the one given to Sivak's co-defendant, Randall Wayne Bainbridge, for killing Dixie Wilson.

Prosecutors have decided against seeking another death sentence after talking to Wilson's children and former husband.

The Idaho Supreme Court previously overturned Sivak's death sentence three times on technical grounds. The 9th U.S. Circuit Court of Appeals overturned the last sentence two years ago.

Sivak is in court Monday for a hearing expected to last three or four days.