Back in December, a judge dismissed the charge against Montgomery that sent him to prison for life. The decision came after Montgomery's attorney discovered his client was actually behind bars when the crime occurred.
Prosecutors had originally dismissed several other robbery charges against Montgomery when he was convicted, but after that was overturned those charges were refiled and a new trial is underway.
Because of Montgomery's extensive criminal history, if he's convicted of any of the refiled charges, he could again be sentenced to life.
