ERIK and Lyle Menendez have been hit with a setback as they continue their legal battle for resentencing.

The pair locked in a trial date during Friday’s hearing, but got a slap on the wrist over Lyle sneaking a cell phone behind bars.

Speaking to reporters outside the courthouse, Los Angeles District Attorney Nathan Hochman explained that the brothers have been determined to be at moderate risk for violence.

He said this decision was made after a psychologist discussed Lyle hiding a cellphone in prison, which he reportedly used to strike up an affair with a 21-year-old British student.

The expert suggested that Lyle risking his resentencing to get the phone could mean that he’s capable of more lawbreaking if he’s a free man, according to Hochman.