IN THE SUPREME COURT OF THE STATE OF MONTANA OP 21-0464
LYLE PERRYTAGGART,

Petitioner,

v. JIM SALMONSEN, Warden, Montana State Prison,Deer Lodge,

Respondent. 

# FLED NOV 30.2021 Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

LylePerryTaggarthas filed aPetition forRehearingofthisCourt's October 5, 2021 Orderdenying him habeas corpus relief. Taggart states thathe "was only to serve20years as a sentence, per PFO only." He contends that this Court's recent Order conflicts with a 2014 decision where we granted him habeas corpus relief in part to correct his invalid sentence as a persistent felony offender (PFO). See Taggart v. Salmonsen, No. OP 14-0558, Order (Mont. Oct. 22, 2014) (hereinafter the 2014 decision). Callingthe 2014 decision the law ofthe case, he asserts that "[t]he only legal sentence in Taggart's original [judgment] was the 20 year PFO sentence imposed
. . . ." Taggart argues that he cannot be resentenced twice for the same offense, yet he requests that this matter be remanded again. M. R. App. P. 20(1)(a) provides the three criteria for this Court to "consider a petition for rehearing
. . . :"

(i) That it overlooked some fact material to the decision; (ii) That it overlooked some question presented by counsel that would have proven decisive to the case;or (iii) That its decision conflicts with a statute or controlling decision not addressed by the supreme court. M. R. App. P. 20(1)(a)(i)-(iii). Pursuant to M. R. App. P. 20(1)(d), a petitioner must demonstrate extraordinary circumstances when this Court denies a petition for relief 11/30/2021

Case Number: OP 21-0464Taggart never received "only" a twenty-year sentence. Taggart received three

sentences in June 1999, when the Custer County District Court sentenced him for felony sexual intercourse without consent, felony sexual assault, and a PFO, resulting in a total sentence of100 years. Our recent Order in this matter does not conflict with the 2014 decision. The District Court resentenced Taggart, removing the sentence for a PFO, in December 2014. The District Court resentenced Taggart to Montana State Prison for sixty years for sexual intercourse without consent and to a consecutive forty-yearterm for sexual assault. We pointedthis out in our October 5, 2021 Orderand concludedthat: Taggart has not demonstrated an illegal sentence. While Taggart's total sentence remains 100-year prison term, none of his sentence constitutes a PFO sentence. The original infirmity has been remedied. Taggart is not entitled to habeas corpusrelief. Section 46-22-101(1), MCA. Taggartv. Salmonsen, No. OP 21-0464, Order, at 2 (Mont. Oct. 5, 2021). ThisCourthasaddressedTaggart'sargumentsbeforewiththe denial ofhisprevious petition. Taggart brings nothing new here except a misapplication of various legal doctrines in hispetition for rehearing. Hehas not demonstrated thatthisCourt overlooked any material fact orany legal question. Hehasnot shownthat our recent decision conflicts with any law or the 2014 decision. Taggart has not demonstrated any extraordinary circumstancesto warrant rehearing. Accordingly, IT IS ORDERED that Taggart's Petition for Rehearing is DENIED and DISMISSED. The Clerk is directed to provide a copy of this Order to counsel of record and Lyle Perry Taggart personally. DATED this 3 a day ofNovember, 2021.

ChiefJustice

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