Gabriel De La Torre, 35, was sentenced to 180 months in the Kansas Department of Corrections on Wednesday.

De La Torre had pled no contest to second 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.

Recently it was agreed between Ford County Attorney Kevin Salzman and defense attorney Derek Miller that De La Torre received ineffective counsel during his second trial which led to an amended conviction.

On Wednesday Miller had filed a motion for a durational departure for De La Torre.

A durational departure is when a prison sentence has been announced but the person only serves part of the sentence.

"The state agrees with the motion," Salzman told Judge E. Leigh Hood who presided over the hearing. "Everyone is on the same page.

"This has been a very long process and the Ford County Attorney's Office has already used a lot of resources and man-hours and we looked at what is in the best interest of the parties involved.

"We feel the punishment is adequate and that Mr. De La Torre will answer for his crime, and that it is not just a slap on the wrist."

Hood then explained everything through an interpreter to De La Torre.

"We recognize that another trial will be an extreme burden on the state, on yourself and your family," Hood said. "The primary conviction of murder in the second degree and the motion is substantial and compelling and the state is satisfied with the punishment of 180 months in the Kansas Department of Corrections."

Hood then listed that De La Torre would receive time-served from Nov. 5, 2010 to the date of May 17 of this year.

He would also be eligible for 15 percent reduction for good behavior, upon release would be on 36 months of post-release probation and would have to register under the Kansas Offender Act for 15 years.

De La Torre would also have $202.50 for court cost, $200 for DNA, $35 for fingerprinting and $400 to the Child Advocacy Center.

There would not be any restitution needed to be paid.