Legal Opinion

Stephen Montalto v. State of Mississippi

Court of Appeals of Mississippi

Decided May 21, 2019No. 2018-CP-00771-COAPublishedCited by 3 opinions

1Opinion of the Court

C. WILSON, J., FOR THE COURT:

¶1. Stephen Montalto appeals the circuit court's dismissal of his motion for post-conviction relief (PCR). We find the circuit court erred in finding that it lacked jurisdiction, so we reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶2. After pleading guilty to aggravated assault and kidnapping charges in 2008, Montalto was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections (MDOC) followed by five years of supervised probation. The kidnapping offense involved a young child, so he was also ordered to register as a sex…

2Cases cited4 opinions

  1. Graham v. StateMississippi Supreme Court · 2012
  2. Roy Dale Wallace v. State of MississippiCourt of Appeals of Mississippi · 2015
  3. Montalto v. StateCourt of Appeals of Mississippi · 2013
  4. Sobrado v. StateCourt of Appeals of Mississippi · 2014

3Cited by3 opinions

  1. Luke Barton v. State of MississippiCourt of Appeals of Mississippi · 2020
  2. Reno Fenelli Siggers a/k/a Reno F. Siggers a/k/a Reno Siggers v. State of MississippiCourt of Appeals of Mississippi · 2022
  3. Thomas Bain a/k/a Thomas Anthony Bain v. State of MississippiCourt of Appeals of Mississippi · 2024

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