District Judge did something Friday that rarely is done when he failed to go along with a plea agreement between the state and the defense and sent a 27-year-old Hutchinson man to prison.

He sentenced Marcus Hill to 16-months in prison for a felony charge of stalking and 12-months in the county jail on each of three counts of violation of a protection order. He did run the three misdemeanors concurrent to each other and concurrent to the 16-month prison sentence.

The case goes back to November 13 when Hill made contact with Amanda Knight after she had already filed a protection from abuse case against him. There are three dates where he allegedly made contact with Knight violating the protection from abuse order. That includes November 13, November 27, and December 5, 2012.

Hill through his attorney Alice Osburn then requested that he be allowed to withdraw the plea he made in the case, but Judge McCarville indicated that the defense would have to show “Manifest Injustice,” so that may come at another time.

Osburn also gave notice that they would appeal the sentence and asked that an appeal bond be set. Senior Assistant District Attorney Steve Maxwell then requested that any appeal bond be set at no less then 100-thousand dollars. Judge McCarville agreed and that is what will need to be posted before Hill would be released from prison.

Hill has been on community corrections for assault and criminal threat convictions and was ordered last month to serve 60-days in violation of his corrections. It was on July 17 of 2011 when Hill held this same women, Amanda Knight against her will, put a knife to her throat and threatened to kill her. This at a home in the 300 block of East Campbell. He will be placed back on corrections on this case once he gets out of prison.

In this case he was given an underlying prison sentence of 41-months, then granted the corrections.

Part of what hurt Hill’s chances of getting another break from the judge is his criminal record and the fact that he has 32-prior convictions including convictions for battery against a law enforcement office, possession of drugs, intentional removal of a theft device, a number of obstruction convictions, criminal use of weapons and flee and elude for cases in both Sedgwick and Reno counties.