Florida law doesn’t allow for a delay in sentencing when a defendant faces additional charges, Assistant State Attorney John Guy says in a motion filed Tuesday.
The Florida Times-Union reports the issue will likely be debated during a hearing Monday.
Michael Dunn was convicted last month and faces at least 60 years in prison for the attempted murder of three teens who were in the car with 17-year-old Jordan Davis of Marietta. Jurors deadlocked on whether Dunn was guilty of killing Davis.
Dunn’s attorney filed a motion last week seeking the delay, saying it would be unfair to sentence Dunn before he’s tried on the murder charge. Cory Strolla argued Dunn, 47, can’t speak on his own behalf until after the new trial because anything he says in the sentencing hearing can be used against him.
“The state submits that the defendant will not be placed in a ‘legal dilemma’ by proceeding to sentencing prior to the resolution of his remaining charge,” Guy said. “By providing a recorded statement to police and by testifying under oath at the trial of the instant case, the defendant has made his position on all pending charges clear.”
During his trial, Dunn testified that Davis had a gun and threatened him outside a Jacksonville gas station where the two were parked. Three teens in the vehicle with Davis testified that he never had a gun. They testified that Dunn became angry when Davis cursed at him after he asked them to turn down the music they were playing.
Dunn fired at the vehicle, hitting Davis. Testimony showed he continued firing as the teens fled in the Dodge Durango.
Dunn remains in jail without bail. Sentencing is scheduled for the week of March 24.