RENO COUNTY — A Kansas Department of Corrections inmate claiming double jeopardy over restitution in an aggravated battery case appears to have lost his argument.

Juan Garza, 34, was convicted in a case where the victim was beaten in the recreation yard of the central unit of the Hutchinson Correctional Facility in June of 2014.

The victim, Miguel Garcia was first taken to Hutchinson Regional Medical Center then transported to Wesley Medical Center in Wichita for treatment.

Authorities began taking money for the restitution from Garza’s canteen at the prison. According to Deputy District Attorney Tom Stanton, Garza claimed double jeopardy even though the order to pay restitution was part of the plea agreement.

Reno County Judge Trish Rose asked the state to file a journal entry indicating that it was part of that agreement. She’ll then deny his motion. The restitution totals $75,564.

Garza has previous convictions for kidnapping, robbery, drugs and aggravated battery in Reno, Stevens and Seward County.