The attorney for a convicted killer told the court Tuesday that she could be ready for his resentencing Feb. 16, but first needs to get an update from her investigator.
DeLonde Pleasant, 32, briefly appeared in Franklin County Superior Court to discuss the status of the case. In six weeks, he is set to face a jury, which will decide if his actions were excessive in 2002 when he killed his live-in girlfriend.
Deputy Prosecutor Frank Jenny said the state is on track for the rare proceeding.
However, defense lawyer Karla Kane said she couldn't confirm the date until she hears back from her investigator.
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Kane also said she almost is done writing a brief, which should be argued before Judge Cameron Mitchell prior to resentencing. She asked to have that set in about three weeks.
Mitchell told the attorneys to contact Superior Court administration to check his availability for a hearing.
Pleasant's 25 1/2-year sentence was overturned by the Washington Court of Appeals in early 2009. The court said if prosecutors wanted to ask for a sentence above the standard range of 61/2 to 81/2 years in prison, they needed to get a jury to determine if the aggravating factors warranted the extra time.
Pleasant entered an Alford plea in January 2003 to first-degree manslaughter for kicking and beating Montelongo to death after he came home in a drunken rage.
Montelongo, 20, and Pleasant had a 2-year-old son together.
Pleasant's guilty plea stands. He believes he has done the necessary time for the conviction and should be released after nearly nine years.
Prosecutors will ask jurors to decide if the crime involved deliberate cruelty, happened in the presence of the couple's young son and involved more force than necessary. If the jury returns special verdicts on those factors, then Mitchell is justified in sentencing Pleasant above the standard range.