ALBUQUERQUE, N.M. (KRQE) – A man serving a 60-year sentence for a decades’ old murder is asking a judge to take just one year off his sentence. Nic Aker pled guilty to murder, kidnapping, and conspiracy after he and another man, Richard Clappsy, plotted to kidnap and kill Clappsy’s ex in 2001. Her body was dumped in a landfill and never found.

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Aker’s charges included two separate counts of conspiracy, one for the murder and another for the kidnapping. Aker’s attorney argues that should only be considered a single crime because he and Clappsey reached one agreement to commit multiple offenses convicting Aker on both conspiracy charges, she says, violates his right against double jeopardy.

Prosecutors argue against that saying Aker did not reserve double jeopardy as an issue for an appeal and therefore it cannot be considered. The judge did not make a ruling Thursday. If she agrees with Aker’s argument, it would only take one year off his sentence.