The LA court has set a new date for the sentencing of Johannes Mehserle.
His case has been put on November 5 calendar at 8:30 a.m. That is the Friday after elections.
A LA jury convicted Mehserle's of involuntary manslaughter last Thursday for the fatal shooting of Oscar Grant on a BART platform on New Year's Day 2009. Prosecutors had pushed for a murder conviction and the finding of a lesser charge sparked large protests in Oakland.
An involuntary manslaughter conviction calls for two to four years in prison, but Los Angeles Superior Court Judge Robert Perry could tack on an additional three to 10 years because a gun was used in the killing.
The original sentencing date was in early August, but Mehserle's lawyer Michael Rains asked for a delay in order to prepare his case. Mehserle, 28, remains in custody pending that sentencing.
