State opposes delay in loud-music sentencing

Associated Press
FILE - Defendant Michael Dunn is brought into the courtroom in this Feb. 15, 2014 file photo where Judge Russell Healey announced that the jury was deadlocked on charge one and have verdicts on the other four charges as they deliberate in the trial of Dunn, for the shooting death of Jordan Davis in November 2012. A motion filed Tuesday March 3, 2014 by Assistant State Attorney John Guy says Florida law doesn’t allow for a delay in sentencing when a defendant faces additional charges. (AP Photo/The Florida Times-Union, Bob Mack, File)

JACKSONVILLE, Fla. (AP) — Prosecutors have opposed a motion seeking to delay the sentence for a man convicted of attempted murder in a dispute over loud music until after he's tried for fatally shooting a teenager in the incident.

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 that 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, Ga. 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 that 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.

Prosecutors disagree.

"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.


Information from: The (Jacksonville) Florida Times-Union,