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Convicted killer to appeal this week

The B.C. Court of Appeal will on Friday hear the appeal of a man convicted of the 2009 murder of Richmond's Ben Warland.

Warland was 23 when he was stabbed to death on the front lawn of a home on the 11000 block of Cambie Road on Feb. 1, 2009 following an altercation that started on a bus.

Joshua David Berner was convicted of second-degree murder in December of 2010, and was sentenced to life in prison, but Justice Sandra Ballance ruled he'll be eligible to apply for parole after 10 years. Berner is the son of Carol Berner, who was found guilty of impaired driving causing the death of four-year-old Alexa Middelaer in 2008.

On Friday, Berner's lawyer will argue that errors in law were made in the B.C. Supreme Court decision. The hearing is scheduled for a single day.

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