A trial for a man accused of spitting in the face of an officer at the Leavenworth County Jail has been continued until April.

A trial for a man accused of spitting in the face of an officer at the Leavenworth County Jail has been continued until April.

The trial of Matthew Astorga had been scheduled for Wednesday in Leavenworth County District Court. But Astorga’s attorney filed a motion for a continuance over the weekend.

Senior Judge Gunnar Sundby granted the motion during a hearing Monday afternoon.

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.

The case previously went to trial in November. But that trial ended with a hung jury.

In his written motion, defense attorney Judd Herbster noted that he had been provided with additional discovery evidence since the November trial.

Herbster said in court Monday that the defense needed additional time to review and follow up on this information.

Sundby said the new evidence includes medical records.

County Attorney Todd Thompson said the prosecution was not trying to conceal the records.

“We just never needed them and weren’t aware of them until after trial,” Thompson said.

Sundby said the issue of medical records kind of developed during the November trial.

Sundby rescheduled the trial for April 15.

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.

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.

The sentencing trial is scheduled for Feb. 12.

Astorga remains in custody at the Leavenworth County Jail.

Twitter: @LVTNewsJohnR