The trial of a man accused of spitting in the face of an officer at the Leavenworth County Jail ended Wednesday with a hung jury, according to a prosecution official.

The trial of a man accused of spitting in the face of an officer at the Leavenworth County Jail ended Wednesday with a hung jury, according to a prosecution official.

County Attorney Todd Thompson said his office will move forward with bringing the case to trial again. A new trial has been scheduled for Jan. 8.

Matthew Astorga, 42, is charged with battery on a county corrections officer.

The crime is alleged to have occurred July 15, 2014, at the county jail.

In a separate case, Astorga is waiting to be resentenced for a 2008 murder in Leavenworth.

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

A Hard 50 sentence previously was imposed in the case. This meant Astorga was required to serve at least 50 years in prison before he would have been eligible for parole.

However, Astorga has to be resentenced because the state’s old Hard 50 law was struck down following a U.S. Supreme Court decision.

Prosecutors are seeking to resentence Astorga under the state’s new Hard 50 law in which a jury will be convened for the sentencing.

A hearing also was held Wednesday in the murder case. Senior Judge Gunnar Sundby scheduled the sentencing trial in this case for Feb. 12.

Astorga remains in custody at the Leavenworth County Jail.

Twitter: @LVTNewsJohnR