In Sept., the jury recommended Saraya Atkins receive the death penalty for killing 66-year-old Richard Perry in 2014 during the course of a robbery.
Atkins and another woman robbed Perry by following him after he left a Walmart with more than $1,000.
During that robbery there was a struggle and Atkins fired at Perry. Three shots were fired and he died.
The defense argues the prosecution did not prove that Atkins intended to kill Perry, a necessary component of capital murder.
The judge was supposed to sentence her about a month ago but he took additional time to review literature and decide if the case warranted capital punishment.
He told the courtroom that he was surprised the jury found enough evidence to believe there was intent.
District Attorney Ashley Rich was shocked at that turn of events, saying it was not fair to the victim’s family to prolong the sentencing.
News 5 will have the results tonight on News 5.