A man who was previously convicted of murder in Leavenworth was back in court Tuesday for another case.

A man who was previously convicted of murder in Leavenworth was back in court Tuesday for another case.

Matthew Astorga, 41, is charged with battery on a county corrections officer.

The charge stems from a July 15, 2014, incident at the Leavenworth County Jail. Astorga is accused of spitting in the face of an officer at the jail.

The case had been scheduled to go to trial earlier this month. But the trial was canceled after an attorney who was representing Astorga was allowed to withdraw from the case.

Astorga, who remains in custody at the jail, appeared in court Tuesday with his new court-appointed attorney, Matthew Tillma.

"I did just get appointed," Tillma said.

He asked the judge to schedule a status hearing in about a month. At that time, the defense attorney believes the parties will be able to schedule a new trial date.

County Attorney Todd Thompson said he wanted to make sure the case moves as quickly as possible.

Tillma said he has jury trials coming up in other cases which is why he asked for a month.

District Judge Michael Gibbens scheduled a status hearing for Feb. 13.

Astorga previously was convicted of the first-degree murder of Ruben Rodriguez.

The crime took place Dec. 26, 2008, in Leavenworth.

Astorga 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 in that case 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.

The trial for re-sentencing is scheduled for Feb. 25.

Twitter: @LVTNewsJohnR