(AP) A death row inmate whose case led to the Supreme Court's ban on executing the mentally retarded was found mentally competent by a Virginia jury. A judge immediately scheduled his execution for December.

Daryl Atkins, 27, flashed a peace sign to his family and blew a kiss as he was led from the courtroom Friday after the verdict was read.

Three years ago, Atkins' case had led to the landmark U.S. Supreme Court ruling that declared executing the mentally retarded to be unconstitutional. The court, however, left it up to states to determine whether inmates are retarded.

The Virginia jury deliberated for 13 hours over two days before determining Atkins was not retarded.

If the jury had deemed Atkins retarded, he would have been spared execution and instead sentenced to life in prison for the robbery and slaying of an Air Force enlisted man over beer money.

York County prosecutor Eileen Addison said she agrees with the Supreme Court's ruling on executing the mental retarded, but she said Atkins' was "the wrong case."

"We never disagreed that he was probably a slow learner," she said. "That's not the same as being mentally retarded."

Atkins' lawyers maintained they had established their client's mental retardation.