Montalto v. State
119 So. 3d 1087
| Miss. Ct. App. | 2013Background
- Montalto pled best-interest guilty to two counts of aggravated assault in 17937, one count of kidnapping and one more aggravated assault in 18213; sentencing occurred in September 2008; he filed two PCR motions in 2011 and they were summarily dismissed.
- Indictments: 17937 charged two aggravated assaults and grand larceny; 18213 charged aggravated assault, kidnapping, and escape after bail release.
- Dr. Lott (Feb. 2008) opined Montalto had sufficient present ability to confer with counsel and understand proceedings; Dr. Galvez (June 2008) diagnosed bipolar disorder but did not opine on trial competency.
- Prior counsel: Carmody, then Wilkins, then Harris; the court ordered competency evaluation and later held guilty-plea and sentencing hearings with extensive on-the-record questioning of Montalto; the court found present competency and accepted the pleas.
- The court amended the indictment’s spelling and the language of Count I; the court ultimately accepted pleas and imposed a 40-year total sentence, with 20 years on Counts I and II to run concurrently, 20 years on the other counts to run concurrently, but with two counts suspended to probation and mandatory sex-offender registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency and need for a hearing prior to guilty pleas | Montalto contends the court erred by not holding a competency hearing and by delaying evaluation | State/Defendant maintain competency evidence supported trial and guilty plea; delay not reversible | No reversible error; record shows competency evidence supported pleading and no failure to hold a hearing. |
| Voluntariness of the guilty pleas | Plea induced by fear or promises; not voluntary | Plea was voluntary, no coercion or promised reward shown | Plea voluntary; court properly explained elements and rights and there was no hidden coercion. |
| Miranda, suppression, and indictment amendment | Issues of suppression and Miranda rights; improper indictment amendment | Plea waives non-jurisdictional defects; amendments form-based, not prejudicial | Rights waived by valid guilty plea; amendments were form-based and not prejudicial. |
| Ineffective assistance of counsel | Counsel failed to investigate mental state and other defenses; ineffective assistance | Record shows defendant would still have pleaded guilty; no showing he would have gone to trial | No merit; defendant failed to show he would have insisted on going to trial. |
Key Cases Cited
- Sanders v. State, 9 So.3d 1132 (Miss. 2009) (distinguishes competency to stand trial from insanity at time of offense; improper hearing requires record evidence of competency)
- Smith v. State, 831 So.2d 590 (Miss. Ct. App. 2002) (competency standard applies to guilty pleas too)
- Pearson v. State, 906 So.2d 788 (Miss. Ct. App. 2004) (voluntariness of pleas requires understanding of charges and consequences)
- Shields v. State, 75 So.3d 86 (Miss. Ct. App. 2011) (valid guilty plea waives certain non-jurisdictional defects)
- Conerly v. State, 607 So.2d 1153 (Miss. 1992) (form defects in indictment generally not prejudicial where plea entered)
- Vielee v. State, 653 So.2d 920 (Miss. 1995) (post-conviction counsel ineffective affidavits lack merit without corroboration)
- Burrough v. State, 9 So.3d 368 (Miss. 2009) (standard for ineffective assistance in plea context)
- Robinson v. State, 75 So.3d 1148 (Miss. Ct. App. 2011) (appellate deference to counsel's performance under plea)
- Liddell v. State, 7 So.3d 217 (Miss. 2009) (broader framework for evaluating trial counsel performance)