HUTCHINSON, Kan. — A 38-year-old man serving a sentence of more than 38 years for a 2004 case where he was convicted of aggravated criminal sodomy was back before a judge Friday seeking relief from what he deems is an illegal sentence.

Sidney Clark entered a plea as a level two person felony for aggravated criminal sodomy. His criminal history score was a “B” — which is next to the highest there is based on past criminal convictions. The sentencing range was 416 to 460 months and Judge Tim Chambers sentenced him to the maximum.

However, Clark argues that one of the items in his criminal history is for a crime in Oklahoma, which was for spitting on a government employee. If charged in Kansas, he says it would have been a charge of battery of a law enforcement officer, a class A misdemeanor. He says finding the Oklahoma charge as a felony in Kansas was an error. He admits at the time of sentencing that he stipulated to the criminal history as was indicated in the pre-sentence report here in Kansas. Even though he stipulated to his criminal history, he says it cannot be held as a bar to challenge the sentence as illegal. He believes the maximum sentence should have been 18 years. Clark also presented the court with supporting documents to make his argument.

There seems to be some confusion over what exactly the law is here in Kansas. Judge Tim Chambers says he’ll have a special setting for a hearing and have both sides argue what they believe the law is in Kansas. That should be done in the next 30 days or so.

Clark was convicted for the sodomy count involving a child back on Jan. 16, 2004.

He also has prior convictions for burglary, forgery and the criminal conviction in Oklahoma.