AP Photo/The Indianapolis Star, Kelly Wilkinson, File

FILE - In a Feb. 17, 2012 file photo, Paul Henry Gingerich sits inside a room at the Pendleton Juvenile Correctional on in Pendleton, Ind. The Indiana Court of Appeals ruled unanimously Tuesday, Dec. 11, 2012 that Gingerich had not received the due process to which he was entitled when the then-12-year-old boy accused of helping kill a friend's stepfather was tried in adult court, and ordered a new juvenile court hearing. (AP Photo/The Indianapolis Star, Kelly Wilkinson, File) (December 12, 2012)

WSBT-TV Report WSBT-TV

6:30 p.m. EST, January 10, 2013

KOSCIUSKO COUNTY -- He is believed to be the youngest person in Indiana ever sentenced to adult prison. Last month the Indiana Court of Appeals overturned the conviction. But on Thursday the Indiana attorney general announced it will appeal that ruling to the state Supreme Court.

Paul Gingerich pleaded guilty in adult court to helping his friend Colt Lundy kill Lundy's stepfather in Kosciusko County in 2010. Gingerich was 12 when the murder was committed.

The appeals court threw out the conviction and 25-year sentence, ordering the case go back to juvenile. Attorneys claim Gingerich wasn't competent to stand trial as an adult because of his age.

Thursday's appeal means the now 14-year-old will remain in custody of the department of corrections -- adult prison -- until the Indiana State Supreme Court makes a ruling.

“Balancing the interests of justice when an offender is so young is extremely difficult," said Indiana Attorney General Greg Zoeller. "In working with prosecutors, my office is concerned about not setting a precedent that would allow violent offenders to back out of their plea agreements after pleading guilty. Mindful of the deceased victim in this tragic case, we respectfully request the Indiana Supreme Court consider this appeal and make the final determination,."