Sentencing delayed in murder of Modesto ice cream vendor

MODESTO -- A judge Tuesday postponed a sentencing hearing until Jan. 28 for a 20-year-old man convicted of murder in the shooting of a 44-year-old ice cream vendor during an attempted robbery last year in west Modesto.

DeWalter Mitchell of Modesto faces a maximum sentence of life in prison without parole for shooting to death Martin Ham. Sonny Sandhu,

Mitchell's defense attorney, asked for the postponement because he needs more time to prepare a motion for a new trial. Sandhu told the judge he needs to do more investigating and needs a copy of the trial transcript.

Mitchell's accomplice, 16-year-old Lavell Whitfield, testified against Mitchell. In exchange, Whitfield received a plea deal that resulted in a 13-year, eight-month prison sentence after he pleaded no contest to voluntary manslaughter for his role in the shooting.

Whitfield testified that he punched Ham as Mitchell shot the victim about 4 p.m. Oct. 8 near North Madison and Linden streets, about two blocks north of Maze Boulevard.