Gabriel De La Torre, 35, was back in Ford County District Thursday for what Ford County Attorney Kevin Salzman called, a 60-1507 motion.

The motion was that De La Torre alleged that at his second trial he received ineffective assistance from his counsel.

De La Torre was convicted of first degree murder from an incident in 2009 that led to the death of his girlfriend's 11-month old child Joselyn Hernandez.

After two trials, De La Torre was convicted of the murder when during the first trial the jury was deadlocked on the conviction leading to the need for the second trial.

Then during appeals, the Kansas Supreme Court upheld the murder conviction in 2014 however dismissed the conviction of child abuse due to the fact that during the trial, the jury wasn't given a specific instruction.

"The district court heard the motion to decide if the ineffective assistance of counsel took place," Salzman said. "The allegations were reviewed with myself and defense attorney Derek Miller from Liberal and they were heard in front of Judge Sidney Thomas.

"We essentially agreed Mr. De La Torre received effective counsel during the trial and agreed in exchange to an amended conviction of second degree murder with a sentencing of 15 years.

"Judge Thomas then vacated the first degree murder charge and Mr. De La Torre pled no contest to the second degree murder conviction."

During the trial it was stated that Hernandez had more than 44 bruises on her person when De La Torre took her to the hospital because she had stopped breathing while her mother was at work.

It was then revealed through an autopsy that Hernandez's death was caused by blunt trauma to the chest that tore her heart’s septum.

During the trial, the prosecution alleged that from Aug. 15, 2009 to Sept. 6, 2009 is when the abuse took place.

In addition to a fatal injury to the heart Dr. Jaime Oeberst who testified at the trial, said Hernandez had multiple bruises on her scalp and face.

Those bruises, according to Oeberst, predated Hernandez's death up to 10 days before she died.

The sentencing for De La Torre will be at the Ford County District Court on May 17 at 10 a.m.