HUTCHINSON, Kan. — A 57-year-old man whose sentence in a 2006 case was deemed too long is scheduled to be re-sentenced Friday after the hearing was continued back on May 12.
Richard Webb Jr. was convicted of aggravated robbery. District Judge Trish Rose continued the hearing after Defense Attorney Sam Kepfield asked for departure on the sentence to time served. But, Assistant District Attorney Andrew Davidson had 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.
Judge Rose, who told Kepfield to file a written motion, has scheduled a special setting Friday afternoon for the hearing over the sentencing issue.