A man convicted of shooting a Yolo County Sheriff’s deputy to death on Father’s Day in 2008 will be sentenced to death. His lawyers’ motion for a new trial has been denied by the judge.

The judge decided Tuesday morning to uphold the jury's recommendation of the death sentence for Marco Topete. The judge sentenced Topete to be executed at San Quentin for the murder of an officer of the law, lying in wait and other charges.

Marco Topete was found guilty in October of first-degree murder for shooting Deputy Jose Antonio Diaz after a chase. During the 2008 incident, Topete stopped driving, waited for Diaz to get closer to his car, and then opened fire on the deputy with a high-powered rifle.

Read more about the case, including what prosecutors showed in court that brought many to tears, by clicking here.

After his conviction, the same jury ruled Topete should be sentenced to death.The Yolo County District Attorney's office struggled with their decision to seek the death penalty, read more about their decision here.

However, a few days before they came to that conclusion, a female juror asked the judge to be removed from the jury for the sentencing deliberations.

She told the court she had a language barrier, and was struggling with the sentencing discussions. However, other jurors have reported that the woman said during deliberations she would never vote for the death penalty.

Topete’s lawyers filed a motion for a retrial because they claim it was pressure from the other jurors, and not a language barrier, that caused the female juror to step down.

The judge denied the motion for a new trial in his ruling Tuesday morning.