He was convicted of gunning down Derek Elam during a robbery at Sammi's Music store in Lexington back in 2004.

Tequan Neblett was back in court again Friday. Last week Neblett requested a new trial because of allegations that a juror read newspaper articles about the trial, but now Neblett has changed his mind.

As Commonwealth's Attorney Ray Larson put it, "it baffles me."

Ray Larson didn't dispute the defenses motion for a new trial. Larson actually requested one, even though Larson called a re-trial problematic, he used the examples of missing witnesses and lack of memory of the crime.

But after a short break, Neblett's attorney told the court he no longer wanted a new trial. Instead, his client wanted to know his fate. The judge didn't waste any time and sentenced the twice convicted murderer to life in prison without the possibility of parole for 25 years. That's a sentence his attorney was satisfied with, but the prosecution called a sham.

Neblett did waive his rights for an appeal, but Ray Larson says he still wants a new trial because he wants Neblett to have the death penalty.

The juror who read an article in the newspaper about the trial was charged with contempt of court. The judge sentenced her to community service and gave her a fine.