TOPEKA, Kan. (AP) — A man convicted of raping and killing an 8-year-old Topeka girl will not face the death penalty.

A Shawnee County jury on Tuesday said it was unable to unanimously recommend that 31-year-old Billy Frank Davis Jr. receive capital punishment for the death of Ahliyah Nachelle Irvin. The girl disappeared from a Topeka apartment in March 2012. Her body was found later the same day stuffed inside a clothes dryer in a blood-stained basement near the apartment.

Defense attorneys argued that Davis had mental health issues and was under the influence of drugs and alcohol and didn’t intend to kill the girl.

Under state law, the jury’s decision means that Davis will be sentenced to life in prison with no possibility of parole. His sentencing was scheduled for Feb. 13.