PROVIDENCE, R.I. (AP) — A Rhode Island judge has vacated the murder conviction of a man who spent 23 years in prison for a 1982 killing.

Sixty-two-year-old Raymond Tempest was convicted in 1992 of second-degree murder in Doreen Picard's death. He has maintained his innocence.

Judge Daniel Procaccini ruled Monday after a lengthy hearing on Tempest's case held earlier this year. The judge didn't release Tempest but set an Aug. 4 bail hearing.

Tempest's lawyers say new DNA evidence including hair and blood at the scene show someone else killed the 22-year-old Picard in Woonsocket.

Tempest testified he was drinking elsewhere and trying to buy cocaine at the time of the killing. He said he didn't disclose his alibi because he didn't want to embarrass his relatives who were law enforcement officers.

State Attorney General Peter Kilmartin says he'll appeal.