A 32-year-old Hutchinson man sentenced to 35-months in prison for aggravated assault and criminal possession of a firearm saw the Kansas Court of Appeals remand part of the case back to Reno County. Senior Assistant District Attorney Steve Maxwell says its over some issues regarding the sentencing for Richard Petty. However, the appeals court did uphold the conviction itself.

The state contends that Petty deliberately pulled a gun, pointing it in the face of Ricky Caudillo back on January 11, 2009. The defense contended that Petty was at the home in the 700 block of 15th Circle, but didn’t have a gun, and that he, himself was attacked, getting hit over the head with a bottle. The jury ruled in favor of the state.

There was some conflicting evidence over whether there were items taken from Petty’s girlfriends home. Witnesses say he was upset thinking someone at the apartment had taken items from him and his girl friend, but, he allegedly told police that nothing was stolen and that he wasn’t even at the apartment that night. But, on the stand during the trial, he did admit he was there, but denied having a gun.

Petty is no stranger to the law with other convictions, including aggravated battery where he served time in prison, and was released in 2004.

When the case will be brought back to District Court over sentencing is unknown, but will still be sometime down the road.