Prosecutors will seek the death penalty in the 1988 rape and murder of an 18-year-old Montana woman.

In a court filing earlier this month, Natrona County District Attorney Dan Itzen gave notice that prosecutors will seek capital punishment in the case. Earlier this year, a federal appeals court in Colorado ruled that Dale Wayne Eaton, 74, can still be subject to the death penalty, according to the Associated Press.

Eaton was convicted in 2004 and sentenced to death for murdering Lisa Marie Kimmell in 1988.

According to a court filing, Eaton was convicted of pre-meditated first-degree murder, felony murder in the perpetration of kidnapping, felony murder in the perpetration of a robbery and felony murder in the perpetration of a sexual assault.