TOPEKA- The Kansas Court of Appeals on Friday upheld the conviction and sentence for contempt of court involving a Kansas man’s refusal to testify in a murder trial where he was a co-defendant.

Jose Delacruz was called by the state to testify, on three separate days, in the trial of Anthony Waller but refused and was found in contempt of court.

Delacruz was sentenced to a total of nine years and then appealed.

That sentence was ordered consecutive to the nearly 7-years for the conviction of aggravated robbery in association with the murder of Joshua Haines.

He had been found “not guilty” of murder, but convicted of the aggravated robbery charge against him and sentenced to 83-months in prison.

Delacruz argued six issues before the appeals court including his claim that he and his right to remain silent under the 5th amendment.

He also argued that a special prosecutor should have tried the case, that his contempt was a single ongoing event and not three separate events.

He also complained that the delay in filing and docketing his appeal deprived him of due process. He also complained that the nine year sentence is excessive and the result of bias and prejudice. He says the cumulative errors deprived him of due process and a fair trial. But, the appeals court ruled Friday that his arguments lacked merit and upheld the conviction and sentence.

Joshua Haines was murdered on April 10, 2010. He was savagely beaten and strangled at another co-defendants apartment and then placed in his own car and driven to a nearby street. He was found later that day.