Prosecutors in the case of Michael Dunn say Florida's criminal statutes do not provide for a sentencing delay as requested by Dunn's attorney, and that there's case law to back it up.
Assistant State Attorney John Guy issued a response to a motion filed by defense attorney Cory Strolla to delay Dunn's sentencing on his four convictions until after his retrial on the murder charge in the shooting death of Jordan Davis.
Guy said that through Dunn's recorded statement to police and his testimony during the trial, Dunn has made his position on the pending murder charge clear, so there is no "legal dilemma" to being sentenced before the retrial.
There will be a hearing on the motion on Monday.
Lawyers not associated with the case say if Dunn prepares a statement or testifies at his sentencing, he puts himself in a precarious legal dilemma regarding his Fifth Amendment rights to not incriminate himself.
Dunn was convicted last month of three counts of attempted second-degree murder and one count of firing into an occupied vehicle in a dispute over loud music outside a Southside gas station.
Dunn claims he fired in self-defense.