A 48-year-old Hutchinson Correctional Facility inmate will see his Reno County case come back to District Court for reconsideration of sentencing. That was the ruling by the Kansas Court of Appeals Friday in the case against Waddell Warren

He has been serving time in the local prison for two counts of robbery, felony theft, and aiding and abetting an aggravated robbery out of Leavenworth County.

He was convicted of trafficking in contraband within a penal institution at the Hutchinson prison. This for allegedly having a small amount of marijuana in one of his socks. The offense occurring back on October, 2, 2008 and he was given 122-months in prison by District Judge Tim Chambers. That is the mitigated number in the sentencing guidelines box.

Warren at sentencing had asked for a shorter sentence, then what is called for under Kansas sentencing guidelines. He wanted a sentence of around 40-months. But, Judge Chambers ruled that the argument by the defendant that the amount of marijuana found was very small and less then typical for this type of offense couldn’t be considered. He gave him the presumptive sentence, and stated in court, he didn’t have the authority to grant a downward departure sentence in this case.

But, the Court of Appeals ruled that the judge misinterpreted the statute over what his authority is when it comes to sentencing defendants in cases kike this and what his options are. They ordered the sentence vacated and the case be brought back to District Court, so Warren can be re-sentenced with the downward departure considered by the judge.

It should be noted that Warren was later again caught with contraband in a penal institution and was convicted and sentenced for the incident on April 15. 2010. The decision Friday by the appeals court doesn’t effect that case.