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Frank Paul Reyos says he doesn't want to attend his murder sentencing out of respect for the teenage victim, who was shot in the back of the head execution-style and left for dead in a shallow ditch behind a vacant Sugar House lot.

But the uncle of 16-year-old Kenyatta Winston — who prosecutors say was murdered in 2012 for leaving Reyos to fend for himself after shots were fired at a party — wants the convicted killer in the courtroom when he and others give their victim impact statements.

"The family would rather he be there," Kevin Winston said. "I feel he should be there."

On Friday, just a few days before the scheduled sentencing, the Utah Court of Appeals issued an order delaying the proceeding. The delay will give the court time to decide whether to let Reyos appeal a judge's denial of his request to remain in Utah State Prison while his punishment is meted out.

Reyos, now 33, was convicted last year by a jury of first-degree felony murder and second-degree felony possession of a dangerous weapon by a restricted person in the Aug. 26, 2012, slaying. Based on that verdict, he is to receive a mandatory sentence of 25 years to life in prison from 3rd District Judge Robin Reese. Reyos has indicated that he plans to appeal his conviction.

According to the prosecution, Reyos and Winston went to intervene at a Rose Park party the day before the murder after Winston got a text from Reyos' niece, who he was "kind of dating," that said she was being harassed by gang members.

The confrontation escalated and led to Reyos and Winston exchanging gunfire with several men at the party, prosecutors said. They said Winston lost his nerve and ran, leaving Reyos to be beaten by the crowd.

The next day, prosecutors alleged, Reyos and two other people took Winston to the vacant lot near 1120 E. Crandall Ave. (about 2900 South). The other two waited in the car while Reyos and Winston walked to a secluded area; one witness testified she heard shots and only Reyos returned to the vehicle.

An autopsy showed Winston died from a single bullet that entered the back of his skull.

In November, Reyos filed a notice of intent to be sentenced in absentia and submitted a statement saying he was choosing to absent himself from the sentencing hearing "out of respect for Kenyatta Winston."

"I would like this hearing to be about his memory and the loss so many people have suffered," Reyos wrote. "I have concluded my appearance would draw attention away from Kenyatta which is contrary to the respect I wish to show him and his memory."

Reyos' attorneys argue that victims are entitled to exercise their constitutional rights but not entitled to interfere with a defendant's rights. They said Reyos provided notice that he has voluntarily chosen not to take advantage of his constitutional right to be present at sentencing "simply as a courtesy" to the court.

"There is no law in Utah, constitutional, statutory, case law, or other that even suggests that a defendant is required to be present at a hearing simply because the victims wish to confront him in person," the defense attorneys argued.

But Salt Lake County Deputy District Attorney Byron Burmester said the victims have the right to be heard by the defendant and the public has an interest in holding defendants publicly accountable for their actions once they have been convicted at a fair trial.

In a Dec. 31 ruling, Reese denied the request to be sentenced in absentia and said he will allow "the victim's representatives to be heard in the presence of the defendant."

University of Utah law professor Paul Cassell said Friday that a victim's family members have the right to give an impact statement that tells a defendant about the pain a crime has caused.

Cassell, a former federal judge, added that defendants do not have a right to excuse themselves from a court proceeding.

"You have a right to confront your accusers," he said, "not a right to avoid your accusers."

Twitter: @PamelaManson