Judge Tim Chambers Wednesday issued a written opinion on whether a Hutchinson mans aggravated battery charge should be dismissed. He took the matter under advisement earlier in the week.

26-year-old Oscar Perez is accused of battering David Boshart during an altercation back on May 29. He entered a not guilty plea to the charge, but argued this week that the case should be dismissed because he entered pleas to traffic charges in association with the same incident in Municipal Court, it says it would be double jeopardy for him to be tried for the aggravated battery case.

But, Judge Chambers agreed with the state that its not double jeopardy because Municipal Court can’t prosecute felony charges such as aggravated battery.

That’s what Senior Assistant District Attorney Steve Maxwell argued that they are two separate court systems, and that any charges in Municipal Court doesn’t effect any charges in District Court.

That means the aggravated battery case against Perez will continue to trial.

He’s the boyfriend of Brigit Hippen who is accused of 2nd degree murder in one case for being reckless with placing a blow dryer near her infant child. The child died as a result of hyperthermia.