The case involving a 51-year-old Hutchinson man convicted of breaking into a Hutchinson woman’s apartment, and being caught naked twice is expected to go before the Kansas Court of Appeals Wednesday.

Carl Bengston was given 187-months for the four counts which included two counts of aggravated burglary, and two counts lewd and lascivious behavior, That translates to roughly 15 and half years in prison.

Senior Assistant District Attorney Steve Maxwell says there are several issues that will be argued including Judge Richard Rome allowing the jury to hear statements Bengston made to police, because he claims he was high at the time of his arrest. But, also the judge taking the jury to the apartment building where the alleged crimes occurred, just to name a few.

The crimes occurring back on January 3rd, and April 10, of 2009. He was also convicted of a misdemeanor count of theft for taking at least one pair of panties. He allegedly had the pair stuffed down his pants when booked into the Reno County Jail.

The victim in the case caught him in her apartment and he quickly ran out. He was naked when she came home after staying with a friend. She had her infant son with her at the time.

About 4-months earlier, a friend of hers was sleeping in her apartment after he and his fiancee had just returned from an overseas trip. His fiancee, and victim had gone shopping and he stayed behind and slept because of jet lag. He was awaken after hearing a noise only to see a naked man in the apartment. The man quickly ran out. The jury believed the states contention that the man he saw was Bengston.

The Appeals Court hearing is at 9 a-m Wednesday.