HUTCHINSON, Kan. — The 27-year-old Hutchinson man charged with attempted first degree murder for allegedly attacking Reno County District Attorney Keith Schroeder caught a break in another case Thursday afternoon.

Micheal Sherman has been sentenced to life in prison with no chance of parole for 25-years for a conviction of aggravated criminal sodomy. But, the Kansas Court of Appeals earlier this year ruled that the sentencing judge misspoke when he denied a motion for a downward departure stating in court that he thought he would be reversed on appeal of he granted the departure. The appeals court disagreed and set aside the sentence and ordered the case back to District Court for re-sentencing.

Sherman had been given the life sentence under Jessica’s Law. Judge Trish Rose departed from that law making the crime of aggravated criminal sodomy, a level one person felony with a maximum sentence of 165-months, or 13-years, 9-months in prison. That is what she sentenced him to in this case. She found what she considered “substantial and compelling” reasons to depart.

The state represented by Steve Carr with the Kansas Attorney General’s Office argued against the departure because of the nature of the crime which was done to his own child. Sherman earlier admitted that he was alone with the child and was watching pornography on his cell phone, then sodomized the child. He reportedly visited two porn websites using a smart phone.

Sherman will be on lifetime post release supervision and will also have to register as a sex offender for life.

They also went through the usual pretrial motions in the other case against Sherman. This is where he allegedly attacked Reno County District Attorney Keith Schroeder and is charged with attempted murder or in the alternative, aggravated battery.

Sherman is alleged to have attacked Schroeder after retired Judge William “Buck” Lyle upheld his sentence in the child sex case. He is alleged to have jumped on Schroeder who was sitting at the prosecution table a few feet away, back on July 10, 2013.

Schroeder said he had marks on his neck which showed where the chains were around him, a mark behind his ear that was very tender and an abrasion on his forehead as result of the attack.

That trial is scheduled to begin next month.