TALLAHASSEE, Fla. (AP) — Attorneys for a man set to be executed next week will appear before the Florida Supreme Court to argue for a reversal.

Robert Waterhouse’s lawyers will present his case Tuesday.

The 65-year-old was sent to death row for the rape and murder of a 29-year-old woman in St. Petersburg in January 1980. A lower court recently decided not to reverse his conviction.

His latest appeal is based on testimony from a new witness. That person says he saw Waterhouse leaving a bar with two men and not with the victim on the night she was killed.

Gov. Rick Scott already has signed a death warrant and Waterhouse is scheduled to be put to death on Feb. 15.

Copyright 2012 The Associated Press.