SIOUX FALLS, S.D. (AP) — A South Dakota inmate convicted of killing a prison guard during a botched escape attempt has asked the state Supreme Court to cancel his scheduled execution in January.

Fifty-one-year-old Rodney Berget pleaded guilty to killing guard Ronald Johnson in April 2011. His initial death sentence was overturned by the Supreme Court because of a judge error, but he was sentenced again to death last May.

The Argus Leader reports that Berget has requested a stay of execution because he plans to appeal the new sentence. Attorney General Marty Jackley has filed a motion opposing the request.

Two other inmates were involved in Johnson's death. Michael Nordman was sentenced to life in prison, and Eric Robert was executed last October.

Copyright 2013 The Associated Press.