HUTCHINSON, Kan. — The 34-year-old man who was sentenced to just over 12 years in prison in a marijuana distribution case is seeking an appeal of that sentence even though he was granted a downward departure.

Gerardo Saucedo entered pleas in the case as charged and was sentenced to prison by Judge Tim Chambers. He filed an appeal over that sentence, but the state is now asking that the appeal be dismissed, noting that the defendant has failed to have the appeal docketed in a timely manner. It was filed in March of last year, but as of Jan. 30, had not been docketed.

But, apparently the Kansas Court of Appeals received the motion to have it placed on their docket and they accepted, so the case is pending a hearing in Topeka. Deputy District Attorney Tom Stanton says he isn’t even sure of what Saucedo is appealing. He wasn’t sentenced under the sentencing guidelines because Judge Chambers granted the departure. If he were, he would have received more time in prison.

It could be over the judge not granting him community corrections, which he asked for at sentencing. Stanton says the only thing he is appealing is the sentence, but no mention of what he is arguing. So now, we’ll have to wait and see what happens.

Saucedo was arrested after a search warrant was served on his home and he was convicted of possession of marijuana with intent to sell, possession of drug paraphernalia with intent to distribute, and no drug tax stamp.

He had around 90 pounds of marijuana in brick form believed to be from Mexico. But they also found numerous containers of high-grade marijuana that were found scattered throughout the home, as well as new packaging materials, a digital scale and some weapons. That was back in April of 2014.

He is currently serving that 12-year sentence.