HUTCHINSON, Kan. — A Kansas Department of Corrections inmate claiming double jeopardy over restitution in an aggravated battery case appears to have lost his argument.

Juan Garza was convicted in a case where the victim was beaten in the recreation yard of the central unit. Miguel Garcia was first taken to Hutchinson Regional Medical Center then transported to Wesley Medical Center in Wichita for treatment. The incident occurred back in June of 2014.

Apparently, they have started taking money for the restitution out of his canteen in prison and, according to Deputy District Attorney Tom Stanton, he was claiming double jeopardy even though the order to pay restitution was part of the plea agreement. Judge Trish Rose asked the state to file a journal entry indicating that it was part of that agreement. She’ll then deny his motion. The restitution totals $75,564.