A judge in Jacksonville, Fla. has delayed a decision on Michael Dunn’s sentencing until Friday.

According to the New York Daily News, the decision is whether or not to sentence the software developer, convicted of attempted murder, ahead of his retrial on the first-degree murder charge.

Dunn’s lawyers were hoping that the sentencing would be delayed until after his second trail.

The Daily News also reported that Attorney Cory Strolla says he will no longer be on the case and asked that judge appoint public defenders.

CNN noted that last month a jury found the 47-year-old guilty on four charges, including three for attempted second-degree murder. Yet, the jury could not come to an agreement on the first-degree murder charge for the shooting death of 17-year-old Jordan Davis.

In November of 2012, Dunn and his girlfriend pulled into a gas station and parked next to a Dodge Durango that was playing music. When Dunn’s girlfriend went into the convenience store, he told the teens in the SUV to turn the music down. Words were exchanged and Dunn ended up going into his glove compartment, grabbing his gun and firing multiple shots into the Durango. Davis was struck and killed.

Dunn then drove to a bed and breakfast with his girlfriend in St. Augustine.