The man's family calls this a travesty of justice. They blame the district attorney's office, which they claim should have known better.
When Ladondrell Montgomery was convicted of robbery two weeks ago, he was sentenced to life in prison.
His father Larry Montgomery said, "Life in prison -- that was hard."
Ladondrell's father and attorney started work on an appeal, noticing that court and jail records indicate he was in custody at the Harris County jail on a family violence charge on the very day the robbery occurred. That never came up at trial.
"God brought it to our attention," Larry explained.
They showed us a document signed by a representative with the Harris County Sheriff's Office indicating Ladondrell was booked into the jail on December 11, 2009 and released on December 14 on bond. The robbery occurred on December 13.
Now Ladondrell and his attorney have filed a motion for a new trial, claiming it was "...impossible..." for him to have committed the crime and asking a judge to "...reverse and set aside the conviction..."
Montgomery's attorney Ronald Ray, Sr. explained, "One day in jail longer after this is too long. So yes, we're asking that he be freed immediately."
No one is saying Ladondrell is an angel. He previously was arrested for a number of aggravated robberies, though those charges were dismissed by prosecutors. But his father says had a jury known Ladondrell was in custody at the time of the crime, they never would have convicted him.
"We want justice," Larry said. "I really want my son out today because he's innocent."
The Harris County District Attorney's Office refuses to comment on this case because there is a motion for a new trial. A judge is set to hear that motion in January.