SIOUX FALLS, S.D. — A man convicted of killing a prison guard during an escape attempt has asked to drop his death penalty appeal.

Rodney Berget wrote to the judge in the case in August, and appeared in court Friday to review the request. His attorneys oppose the motion.

The Argus Leader reports (http://argusne.ws/2cKSBn8 ) that Berget told Judge Doug Hoffman he wanted it to be the last day he appears in court. Berget and another inmate, Eric Robert, were convicted of killing guard Ronald Johnson in 2011.

Berget’s attorney, Eric Shulte, told the judge he wants Berget’s mental capacity reviewed.

Attorney General Marty Jackley moved to dismiss Berget’s appeal and remove a stay of execution. He says the state believes Berget is of sound mind.


Information from: Argus Leader, http://www.argusleader.com