A man who is waiting to be re-sentenced for a 2008 murder in Leavenworth is scheduled to have a trial early next year in another case.

A man who is waiting to be re-sentenced for a 2008 murder in Leavenworth is scheduled to have a trial early next year in another case.

The trial for Matthew Astorga is scheduled for Jan. 14 in Leavenworth County District Court.

In this case, Astorga is facing battery on a county corrections officer. The crime is alleged to have occurred July 15, 2014.

Astorga, 41, is accused of spitting in the face of an officer at the jail.

Astorga already has been convicted of the first-degree murder of Ruben Rodriguez.

The crime took place Dec. 26, 2008.

Astorga is awaiting re-sentencing in this case.

He was convicted of the murder following a trial in 2009 and received what is known as a Hard 50 sentence. This means he received a life sentence without possibility of parole for at least 50 years.

But he now has to be re-sentenced because the state’s old Hard 50 law was struck down by a U.S. Supreme Court decision.

Under a new law, a jury will have to decide whether Astorga should once again receive the Hard 50 sentence.

Astorga appeared in both cases Friday.

Friday’s hearing came after Astorga underwent a competency evaluation.

Based on a report of the evaluation, District Judge Michael Gibbens ruled that Astorga is competent to stand trial.

Attorney Geoffrey C. Sonntag, who is representing Astorga in the battery case, had filed a motion to withdraw from the case.

“After conferring with Mr. Astorga, I am going to withdraw that request,” Sonntag said Friday.

Gibbens scheduled the trial in the battery case for Jan. 14.

Gibbens scheduled a Nov. 2 status conference in the murder case.

Attorney KiAnn Caprice, who is representing Astorga in the murder case, expressed concern that her client is not receiving needed medication at the Leavenworth County Jail.

Gibbens said he had received word that Astorga is refusing to take medication.

Astorga said this is because he is not being provided with the proper medication.

Caprice said she will visit with her client regarding what medications he needs and then speak with someone in the Leavenworth County Sheriff’s Office, which operates the jail.

Twitter: @LVTNewsJohnR