HUTCHINSON, Kan. — A 37-year-old man who was sentenced to just over 12 years in prison in a marijuana distribution case won his appeal of that sentence Friday, even though he was granted a downward departure.

Gerardo Saucedo entered pleas as charged and was sentenced to prison by Judge Tim Chambers. He filed an appeal over that sentence but the Kansas Court of Appeals upheld the sentence. The Kansas Supreme Court vacated that ruling and sentence in the case.

The question was over a prior crime of burglary which occurred out of state and was classified in Kansas an a person felony. The Kansas Supreme Court ruled Friday that it should be considered a non-person felony and vacated the sentence.

Saucedo was arrested after a search warrant was served on his home and he was convicted of possession of marijuana with intent to sell, possession of drug paraphernalia with intent to distribute, and no drug tax stamp.

He had around 90 pounds of marijuana in brick form believed to be from Mexico. But they also found numerous containers of high-grade marijuana that were found scattered throughout the home, as well as new packaging materials, a digital scale and some weapons. That was back in April of 2014.

The case will now come back to District Court for a future sentencing hearing.