Joshua Lee Altersberger's case continues through the Polk County court system almost three months after he was formally sentenced to die and will next be back before Judge J. Michael Hunter on Dec. 12.
Altersberger pleaded guilty March 13 to the 2007 killing of Florida Highway Patrol Sgt. Nicholas Sottile, just three days before a jury was scheduled to be picked in his murder trial. A panel of 12 was still selected and they recommended he receive the death penalty.
At his June 15 sentencing, Altersberger's then-attorney, public defender Debra Goins, announced her client wished to withdraw from the plea. The defendant claims he was given bad advice that led to him pleading guilty.
He was back in court Thursday with Steve Fisher, an attorney with the Office of Regional Conflict Counsel, for a hearing on that request. A continuance was then granted.
"They want to have him mentally evaluated," said Assistant State Attorney Steve Houchin.
Houchin said the defense did not get into the specifics of why they wanted Altersberger evaluated, but he thinks they're trying to say he was not competent to enter his plea.

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