After the Kansas Court of appeals overturned the conviction and sentence for a 45-year Hutchinson man for aggravated robbery, the state asked for an review by the Kansas Supreme Court. That means that the state is still trying to avoid having a second trial for Douglas Scott Plummer. They will give their arguments before the states high court Wednesday morning.

Plummer was arrested in what was thought to be a simple shop lifting case, but the state charged him with aggravated robbery and a Reno County jury found him guilty. He was sentenced to over 19-years in prison.

The Court of appeals last April agreed with the defendants argument that the court erred when the didn’t include in the jury instructions, a lesser included offense of robbery or simple theft. They say a defendant is entitled to have a jury instruction on the law applicable to their theory or defense if there’s evidence to support that theory.

Plummer went into Target in Hutchinson and attempted to steal merchandise, and when he attempted to leave was confronted by employees. He then allegedly battered at least one of those employees resulting in the charge being jumped from shoplifting to robbery. The alleged incident occurring at 1529 East 17th in Hutchinson back on March 24, 2008.

He allegedly battered an employee as he attempted to stop him between the two sets of doors at the store, and it then moved outside where a number of employees were allegedly able to knock him down until police arrived.

While the state contended it was aggravated robbery, the defense contends it was shoplifting and that the Target employees over-reacted.

Plummer had served time in prison for robbery in a case going back to 1997 and was paroled back in 2003.

He’s also serving time for criminal deprivation of property, driving while suspended, and flee and elude convictions out of Saline County, and two counts of forgery and aggravated assault convictions out of Sedgwick County.