R. Lyon v. Cpt. Bragg ( 2023 )

02/07/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 23-0055
OP 23-0055
FEB 0 7 2223
ROBERT EDWARD LYON, :unwood
Etpvvcil
Ci,rk of Supreme Court
State of Montana
Petitioner,
v. ORDER
SARGEANT BRADLEY BRAGG,
Respondent.
Robert Edward Lyon has filed a Petition for Writ of Habeas Corpus, indicating
illegal incarceration because personnel with the Department of Corrections (DOC)
over-rode his original, 2021 commitment to DOC and placed him with the Montana State
Prison (MSP) after his disciplinary infraction. Lyon explains that after four months at MSP
he had clear conduct and appeared before the Board of Pardons and Parole (Board), where
the Board granted him parole. However, while on parole he had an encounter with the
criminal justice system where he was "involved in a misunderstanding that required [him]
to prove his innocence before a jury of [his] peers." Lyon states that he is in the Lewis and
Clark County Detention Center on a parole hold. Lyon expresses his confusion that he
thought his time with the Board was satisfied. He requests to be "returned to his original
sentence as said sentence was passed upon [him] by a judge[,] [s]ince an imposition of an
altered sentence of [MSP] violated the terms of the sentence imposed by [his] sentencing
judge." Lyon provides the criminal case numbers.
Lyon does not provide much more information about his cases. He does not include
any copies of sentencing judgments or other relevant documents pertaining to his claim.
As a petitioner, Lyon has the burden of proof or burden of persuasion to convince this
Court that it should issue a writ for habeas corpus relief. In re Hart, 178 Mont. 235, 249,
583 P.2d 411, 418 (1978).
Available electronic records indicate that from 2017 to 2021, Lyon received eight
sentences, including deferred impositions and revocations, from three different District
Courts. Most offenses are for felony criminal possession of dangerous drugs (CPODD).
Recently, on January 8, 2021, the Gallatin County District Court committed Lyon to the
DOC for a three-year, unsuspended term for two counts of CPODD. On January 28, 2021,
the Cascade County District Court committed Lyon to the DOC for felony obstructing
justice and to a three-year, unsuspended term to run concurrently with the sentence from
Gallatin County. On April 15, 2021, the Park County District Court revoked his 2017
sentence and imposed a sentence of one year and 229 days to the DOC, to run consecutively
to his other sentences.
We also requested and reviewed his pending case in the Lewis and Clark County
District Court. In October 2022, Lyon received new charges, and the court arraigned him.
Lyon has counsel to represent him in his pending District Court case.
We address what appears to be Lyon's asserted error—that his sentence "be
converted back to its originally ordered form of a D.O.C. sentence, not 'over-ridden.'"
When a commitment is made to the DOC, MSP remains a placement option available to
the DOC. AII "commitments to prison are, in essence, commitments to the Department of
Corrections?' See Henson v. Ferriter, No. OP 09-0276, Order (Mont. June 30, 2009).
Nothing in the statutes or Montana Rules of Administrative Procedure specify in which
facility DOC officials must place an inmate. Once Lyon was placed at MSP, he was given
the opportunity of being paroled, and was paroled. However, the Board retained authority
over Lyon while released on parole and therefore had authority to place a parole hold on
Lyon after his arrest on new charges. Section 46-23-1023, MCA; Admin. R. M.
20.25.801(7) (2022).
We conclude that Lyon's sentence is valid.
Lyon should refrain from filing pleadings on his own behalf with this Court while
he is represented by counsel. M. R. App. P. 10(1)(c). Accordingly,
IT IS ORDERED that Lyon's Petition for Writ of Habeas Corpus is DENIED and
DISMISSED.
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The Clerk of the Supreme Court is directed to provide a copy of this Order to: the
Honorable Kathy Seeley, District Court Judge; Angie Sparks, Clerk of District Court,
Lewis and Clark County, under Cause Nos. CDC-2022-478; Ann-Marie McKittrick,
County Attorney's Office; Suzanne Seburn, Defense Counsel; counsel of record, and
Robert Edward Lyon personally.
DATED this ay of February, 2023.
Chief Justice
Justices
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