Marissa Alexander's sentencing delayed

8:59 AM, Apr 24, 2012   |    comments
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JACKSONVILLE, Fla. (WTLV) -- A Jacksonville woman will have to wait to learn if she will be spending the next twenty years of her life behind bars.

Marissa Alexander was originally scheduled to be sentenced Monday morning.  However, a judge delayed her sentencing.

Alexander will have a hearing April 30th for a judge to rule on post-trial motions.  No new date has been set for her sentencing.

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Marissa Alexander was convicted on three counts of aggravated assault after firing a warning shot at her ex-husband inside their home in 2010.

At the time, Alexander had already taken out a protective order against her ex-husband earlier that year when he was arrested for physically abusing her.

So when a fight started in their master bedroom, Alexander told police she feared for her life.

According to court documents she ran to the garage to get her registered handgun.

But instead of leaving, she returned to the kitchen and fired a single shot into the ceiling with her ex-husband and his two small children in the room.

Alexander's attorney filed a Stand Your Ground motion before the trial, but she judge dismissed the defense.

"The defendant had split seconds to decide if she was in fear for her life and ultimately the judge found that there were other things she could have done like leave the residence through a front door or a back door," said defense attorney Jesse Dreicer.

Dreicer did not work on her case, but said under Florida law, after Stand Your Ground was dismissed and she was convicted, Alexander is looking at a mandatory sentence of 20 years.

"The judge has no discretion to look into what she might have been thinking," he said.

In a phone interview, Assistant State Attorney Nick Lake said the state offered Alexander a plea deal, but she refused.

Lake said after her trial, a jury of her peers decided she did not have the right to react to domestic violence, with her own act of domestic violence.

Alexander's attorney is asking for a retrial.

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