A man who is waiting to be resentenced for a 2008 murder in Leavenworth was in court Wednesday.

A man who is waiting to be resentenced for a 2008 murder in Leavenworth was in court Wednesday.

Matthew Astorga, 41, was convicted in 2009 of the first-degree murder of Ruben Rodriguez. The crime occurred Dec. 26, 2008, in Leavenworth.

Astorga received what is known as a Hard 50 sentence. This means he received a life sentence without the possibility of parole for at least 50 years.

But he now has to be resentenced in the 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.

Astorga remains in custody at the Leavenworth County Jail as he awaits resentencing.

A jury trial for Astorga’s resentencing had been scheduled for earlier this week. But it was continued at the request of defense attorney KiAnn Caprice.

Caprice also had made a motion to withdraw as the defense attorney in the case. But during a hearing Wednesday, Caprice said she was withdrawing that motion and will continue to represent Astorga in the case.

Senior Judge Gunnar Sundby scheduled a status hearing in the case for April 5.

Astorga is facing a charge of battery on a county corrections officer in a separate case. This crime is alleged to have occurred July 15, 2014, at the Leavenworth County Jail.

Astorga is accused of spitting in the face of a jail officer.

This case has not yet gone to trial.

Astorga also had a hearing in this case Wednesday. He is represented in this case by attorney Matthew Tillma.

Tillma asked that a status hearing in this case also be set for April 5.

County Attorney Todd Thompson said he had hoped to set a trial date instead of a status hearing.

Tillma said he was willing to set a trial date as long as the judge scheduled it for May.

Sundby scheduled the trial for May 15. The judge said he also will schedule a status hearing in the case for April 5.

Astorga also is scheduled to be in court this morning for a civil case involving complaints he has made about his treatment at the Leavenworth County Jail.

Twitter: @LVTNewsJohnR