After the Kansas Court of Appeals upheld the conviction of a Hutchinson man, his case will now be heard three years later by the Kansas Supreme Court.

The appeals court had upheld the conviction of 60-year-old Willie Dale who was found guilty of attempted 1st degree murder, aggravated robbery, and three counts of aggravated assault after a jury trial in November of 2007.

The case involves events surrounding the robbery of Absolutely Flowers at 1328 North Main back on December 10, 2005. Dale came in the store and demanded cash. He apparently pointed the gun at co-owner Karen Maness, and also threatened others in the store.

He later left on foot, pointing his gun at two men following him and firing one round at them. Later he pointed the gun at an employee inside the garage at Elliot Mortuary.

A short time later while still trying to get away, he fired two rounds at now retired Police Lt. Clay Rothe with Rothe returning fire striking Dale in the leg.

At sentencing, Judge Richard Rome gave Dale the aggravated sentence on each count and order them served consecutive to each other for a total of 753 months, or nearly 63 years in prison.

District Attorney Keith Schroeder will argue the states case before the Supreme Court on Thursday.