IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 21-0464 

LYLE PERRY TAGGART, 

Petitioner, 

v. 

JIM SALMONSEN, 

Warden, Montana State Prison, Deer Lodge, 

Respondent. 

FLED 

NOV 3 0. 2021 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

Lyle Perry Taggart has filed a Petition for Rehearing of this Court's October 5, 2021 

Order denying him habeas corpus relief. Taggart states that he "was only to serve 20 years 

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). Calling the 

2014 decision the law of the 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 21-0464
Taggart 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 of 100 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-year term for sexual assault. 

We pointed this out in our October 5, 2021 Order and concluded that: 

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 corpus relief. Section 46-22-101(1), MCA. 

Taggart v. Salmonsen, No. OP 21-0464, Order, at 2 (Mont. Oct. 5, 2021). 

This Court has addressed Taggart's arguments before with the denial of his previous 

petition. Taggart brings nothing new here except a misapplication of various legal 

doctrines in his petition for rehearing. He has not demonstrated that this Court overlooked 

any material fact or any legal question. He has not shown that our recent decision conflicts 

with any law or the 2014 decision. Taggart has not demonstrated any extraordinary 

circumstances to 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 of November, 2021. 

Chief Justice 

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