HUTCHINSON, Kan. — A man convicted for one count of aggravated assault, two counts of criminal threat and criminal damage and sentenced to two years, three months in prison saw his conviction and sentence upheld by the Kansas Court of Appeals Thursday.

Deandre Pannell had been denied a motion for judgment of acquittal, or a new trial, at sentencing and appealed the case.

The case involves an incident on July 5, 2013, when Pannell took a vehicle that didn’t belong to him. When the victims in the case confronted him to get the vehicle back, he allegedly came out of the vehicle he was in, and at some point broke a window in a van the victims were in. He threatened them with a hatchet, however, the defense argued that there was not a hatchet found at the time of his arrest. Senior Assistant District Attorney Steve Maxwell argued at the time that there was some time before he was arrested, giving him plenty of time to ditch it.

He was also ordered to pay $305 in restitution. He is serving time for this conviction as well as another case involving drugs from 2016. He’s not eligible for parole until June of 2019.