HUTCHINSON, Kan. — A 57-year-old man whose sentence in a 2006 case was deemed too long will be re-sentenced at some point, but not just yet.
The re-sentencing for Richard Webb Jr., convicted of aggravated robbery, was continued after Defense Attorney Sam Kepfield asked District Judge Trish Rose to give another departure on the sentence to time served. But, Assistant District Attorney Andrew Davidson argued that he doesn’t believe the judge can grant a downward departure because one has already been given in the case.
Webb was convicted and sentenced for the robbery charge after he robbed a man by force and took his wallet. He was granted three years probation with an underlying sentence of around 19 years. He violated the probation and the sentence was executed. He appealed the sentence saying information with his criminal history was incorrect. He won that appeal and the case was sent back to District Court for re-sentencing, which could knock the sentence down to 18 years.
With the defense request, Judge Trish Rose told Kepfield to file a written motion with the court and granted some time for him to do that.