Should a 52-year-old Hutchinson man serving more then 19-years for aggravated robbery case from 2006, be allowed to withdraw his plea?

That was the question that was put to the Kansas Court of Appeals last year in the case against Richard Webb Jr. He had been given the long sentence for a strong armed robbery on December 25, 2006, partly because of his past criminal history. He was then granted a downward departure to 36-months probation. However, after two violations of that probation, the sentenced was ordered to be served.

Webb then filed a motion to withdraw his plea saying his attorney had withheld vital information from him during plea negotiations. But, the state argued that it was to late for him to file the motion, because the one year time-table. N had expired. Retired Judge Richard Rome agreed, but the Court of Appeals ruled that he had filed the motion prior to legislature enacting the 1-year time limit, so they ordered the case back to District Court for further consideration.

A hearing on that motion is scheduled for Thursday morning in front of Judge Trish Rose where the defendant may actually testify.

Webb had been convicted of battering and robbing a 54 year old Hutchinson man of his wallet and cash, this in the 300 block of East 5th.

Arrested along with Webb was Donald Trass and Heather Hopkins.

The incident occurring about 2:30 a-m, on Christmas morning.

Webb has other convictions for robbery, theft, burglary, DUI, and driving while an habitual violator in case dating back as far as 1978.