District Judge Joe McCarville ruled against a 29-year-old Hutchinson man wanting to appeal a decision by the judge over his request to withdraw pleas in his multiple drug cases.

Joshua Bietka alleged that he was never told he could appeal the judges decision on this issue by his then attorney Nicholas Moore or by Judge Joe McCarville in open court. Moore was on the phone during the hearing Wednesday because he has since moved to Florida.

Judge McCarville after hearing statements from Moore was convinced that he did advise his client of his right to appeal, but the judge wanted time to check the record to see if he also told the defendant of this right and he did.

He concluded that Bietka was advised of his right to appeal both by his attorney and by the court, on the record. The court further concludes that the he had 14-days from the time of sentencing to give notice of appeal, in writing, and that he did not take any steps to appeal and therefore waived his right to appeal.

Bietka entered pleas to numerous criminal drug cases as an agreement with the state and agreed to consecutive sentences and could have been granted community corrections had he followed an agreement. The corrections would be granted on the condition that he work with the drug enforcement unit over other criminal cases under investigation. Apparently he failed to do so when released from jail. He also went and used methamphetamine again and was selling drugs to abscond according to Deputy District Attorney Tom Stanton. Bietka admitted he used meth and is a drug attic, but denied he sold drugs.
Judge McCarville ordered he serve 18-years, 10-months in prison. That after the state agreed to give Bietka somewhat of a break. He could have been looking at 24-years or 292-months.

Now Bietka can appeal the decision made by the judge today, but again has to do so withing 14-days.