The case of an inmate accused of spitting in the face of an officer at the Leavenworth County Jail is scheduled to go to trial next week.

The case of an inmate accused of spitting in the face of an officer at the Leavenworth County Jail is scheduled to go to trial next week.

Matthew Astorga, 42, appeared Tuesday in Leavenworth County District Court ahead of his scheduled trial.

Senior Judge Gunnar Sundby said he wanted to make sure the parties were good to go for the trial. The prosecution and defense attorneys did not express a need to continue the trial, which is scheduled for Nov. 6.

Astorga is charged with battery on a county corrections officer.

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

Astorga remains in custody at the jail as he awaits his trial.

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.

Astorga has separate attorneys for the battery and murder cases. Sundby said Tuesday that he will try to have the defense attorneys who are appointed to the murder case in court Nov. 6 so a sentencing trial can be scheduled in that case.

“I will try to make that happen,” Sundby said.

Twitter: @LVTNewsJohnR