IN THE SUPREME COURT OF THE STATE OF MONTANA OP 23-0055
ROBERT EDWARD LYON,

Petitioner,

v. SARGEANT BRADLEY BRAGG,

Respondent. FEB 0 7 2223 Etpvvcil :unwood Ci,rk of Supreme Court State of Montana
ORDER

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) afterhis disciplinary infraction. Lyonexplainsthat afterfourmonths atMSP hehad clear conduct and appeared beforetheBoard ofPardons and Parole (Board), where the Board granted him parole. However, while on parole he had an encounter with the criminaljustice system where hewas "involved in a misunderstanding that required [him] to prove his innocencebefore ajury of[his]peers." Lyon states thathe is in theLewis 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 ajudge[,] [s]ince an imposition ofan altered sentence of [MSP] violated the terms ofthe sentence imposed by [his] sentencing judge." Lyon provides the criminal case numbers. Lyon does notprovide muchmore information abouthis cases. He does not include any copies ofsentencingjudgments 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). 02/07/2023

Case Number: OP 23-0055Available 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 ofdangerous drugs (CPODD). Recently, on January 8, 2021, the Gallatin County District Court committed Lyon to the DOC for athree-year, unsuspended term for two counts ofCPODD. On January28, 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 sentenceandimposed a sentenceofoneyearand229 daystotheDOC,torunconsecutively 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 arraignedhim. Lyon has counsel to represent him in his pendingDistrict 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 theDOC. AII "commitments toprison 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 facilityDOC officials must place an inmate. OnceLyonwasplaced atMSP, hewas given the opportunity ofbeingparoled, and was paroled. However, theBoard 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 behalfwith 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 ofHabeas Corpus is DENIED and DISMISSED. 2

### The Clerk ofthe Supreme Court is directed to provide a copy ofthis 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 ofFebruary, 2023.

ChiefJustice

Justices

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