WEST PALM BEACH, Fla. -

A South Florida man who was sentenced to 40 years in prison for a fatal Christmas Eve shooting inside the Boynton Beach mall has won his appeal for a new trial.

The appellate court reversed an earlier ruling this week and granted Wilson Pierre Jr. a new trial in the 2006 killing of Berno Charlemond, 24, while the mall was crowded with thousands of holiday shoppers.

Prosecutors said the mall shooting was related to a feud between two Haitian-American gangs.

The court ruled that Pierre's attorney in an earlier appeal was ineffective, especially regarding a contradiction in the jury instructions.

Pierre's second-degree murder conviction was vacated and a new trial was ordered.

Attorney Louis Carres said Pierre will remain in custody unless a judge grants bond.