JACKSON – A Pontotoc County circuit court will reconsider a sentence in a home-burglary case.
The Mississippi Court of Appeals on Tuesday ordered the case back to Judge Paul Funderburk for an evidentiary hearing related to decisions made about Christopher Sobrado.
In a 9-1 vote, with Judge Virginia Carlton dissenting, the court said it’s unclear whether Sobrado’s conduct that led to the circuit court’s decision to reinstate prison time occurred while he was still an inmate on earned-release supervision or whether he had been officially discharged from his 10-year sentence and then placed on post-release supervision.
Judge Larry Roberts writes that the case centers on the circuit court’s authority to reinstate Sobrado’s suspended sentence based on his misconduct while he was still serving his initial 10-year sentence as an inmate with the Mississippi Department of Corrections.
When Sabrado initially was sentenced, the court ordered him to pay restitution until all fines, costs and the restitution were paid.
After issues about whether Sabrado violated his plea agreement, the judge ordered that he serve 10 more years.
In August 2011, Sobrado asked for a review. Without the court’s requiring a response from the state, the judge denied his request.
That’s when Sobrado appealed to the Court of Appeals.