Paul Garcia's Sentencing in Limbo

The attorney representing the man convicted of murdering former  will appear in court today to ask for additional time to decide whether he will file any pre-judgement motions related to the case.

Last April, Santa Clara County Superior Court Judge David Cena scheduled prominent criminal attorney Edward Sousa to return to court Sept. 22 for the sentencing of Esequiel Paul Garcia, the mastermind in the murder-for-hire case that involved three other men, who have all been found guilty and sentenced.

Last year, a jury found Garcia guilty in the shooting death of 53-year-old Achilli, who was gunned down in the driveway of his Overlook Road townhouse on the morning of March 14, 2008.

Santa Clara County District Attorney Jeff Rosen, who prosecuted the high profile case, will be opposing the delay.

"I have a lot to look at before I make any determinations as to what motions I'll file, including a motion for a new trial," Sousa said outside Dept. 34 of the Santa Clara County Courthouse before the case was heard.