A 52-year-old Hutchinson man serving more then 19-years for aggravated robbery from a case from 2006 was denied his request to withdraw the plea he made in the case.

That was the ruling Thursday morning by Judge Trish Rose against Richard Webb that there was no substantial reason for that to be allowed.

The Kansas Court of Appeals looked over his motion last year after he had been given the long sentence for a strong armed robbery which occurred 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 judge ruled that this wasn’t enough to keep him from making the choice to enter the plea .

The state had earlier argued that it was to late for him to file the motion, because the one year time-table 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.

But, again Judge Rose ruled against him on his claim of manifest injustice.

The case centers on Webb battering and robbing a 54 year old Hutchinson man of his wallet and cash, this in the 300 block of East 5th. 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.