HUTCHINSON, Kan. — A 44-year-old man who managed to get his conviction and 72-year sentence overturned for two counts of aggravated criminal sodomy and rape will go to trial.

James Rodney Quinton had filed a habeas corpus motion in a sexual assault case that was denied at the District Court level, but reversed by the Kansas Court of Appeals.

He was convicted of sexually assaulting a young woman at a local residence. She was able to escape through a window when he fell asleep. She called the police after walking to a closed convenience store in the middle of the night. She was treated at Hutchinson Regional Medical Center for injuries inflicted during the attack.

He was convicted of three counts for crimes on Sept. 18, 2003.

In court Friday, his attorney Shannon Crane was taken off the case after plea negotiations broke down. Judge Trish Rose agreed to grant Quinton a new attorney, which means an even longer delay in the case.

He was sentenced to 72 years in prison by the late District Judge Richard Rome. Quinton was represented by the Public Defender Tim O’Keefe and claimed ineffective counsel in his appeal.

District Attorney Keith Schroeder wanted to get the defendant to enter a plea so the victim wouldn’t have to testify. Barring any changes, however, that won’t be an option and the case will go to trial.