SAN FRANCISCO (KRON) — After receiving a 30-year prison sentence Friday for his attack on Paul Pelosi in 2022, David DePape will be resentenced later this month.

It turns out the federal judge handling the case committed a “clear error” by not giving DePape the opportunity to speak in Friday’s sentencing, according to United States District Court for the Northern District of California documents filed on Saturday. DePape will have a sentencing hearing on Tuesday, May 28. His sentence will then have a chance to be amended from the 30-year sentence he was handed in federal court.

Court documents say the error will “almost certainly result in a remand of the case to the trial court for further action.”

“At the May 17, 2024 sentencing proceeding, no party brought to the Court’s attention that it had not done so,” the court documents read. “Nonetheless, it was the Court’s responsibility to personally ask Mr. Depape if he wanted to speak. As the Court did not do so, it committed clear error.”

In this image taken from San Francisco Police Department body-camera video, Paul Pelosi, right, the husband of former U.S. House Speaker Nancy Pelosi, fights for control of a hammer with his assailant during a brutal attack in the couple’s San Francisco home on Oct. 28, 2022. The body-camera footage shows the suspect David DePape wrest the tool from the 82-year-old Pelosi and lunge toward him the hammer over his head. The blow to Pelosi occurs out of view and the officers — one of them cursing — rush into the house and jump on DePape. (San Francisco Police Department via AP)

DePape is a 44-year-old Richmond man who broke into former U.S. House Speaker Nancy Pelosi’s San Francisco home in Pacific Heights and attacked her husband with a hammer. A jury found DePape guilty in November of attempted kidnapping of a federal official and assault on the immediate family member of a federal official.

DePape is still facing separate charges in the Superior Court of California. Jury selection for a trial in state court is scheduled for Wednesday, May 22.

The Associated Press contributed to this report.