Tomorrow morning, Eriese Tisdale could learn his fate whether he'll be put to death, die in prison or continue to wait. Tisdale was found guilty for the 2013 killing of St. Lucie County Deputy Sergeant Gary Morales.
Back in October the jury voted 9-3 in favor of putting Tisdale to death, but the judge delayed his ruling because the US Supreme Court ruled Florida's death penalty law unconstitutional.
Tisdale was convicted of shooting and killing Sheriff Sergeant Morales during a 2013 traffic stop. The old law allowing a jury to recommend death by a simple majority vote, with a judge making the final decision.
The new law requires at least 10 out of 12 jurors must vote in favor of execution.
While judges can lower a death sentence recommendation, they will not be able to impose a death penalty without at least a 10-2 jury decision.
The new law also requires prosecutors to spell out, before a murder trial begins, the reasons a death sentence should be imposed.
"I'm not sure what the court is going to do and what direction the court is going to do. Is he going to impanel a new jury for this phase 2. Is he going to disregard the jury's recommendation and impose a sentence of life. Is he going to follow the recommendation and follow the state's recommendation and follow the state's recommendation and impose a death penalty, I'm not sure," says Legal Analyst Michelle Suskower.