The North Dakota Supreme Court has remanded a Bismarck man for re-sentencing for his convictions from a 2015 standoff.
Former South Central District Judge Bruce Haskell sentenced Branden Lyon in March 2018 to life in prison with the possibility of parole. Lyon was convicted at trial in October 2017 of attempted murder, two counts of terrorizing and illegal possession of a firearm related to the standoff with police in October 2015 in east Bismarck.
Lyon appealed on the grounds of his sentencing as improper under the habitual offender statute. The Supreme Court agreed.
"Although the district court subsequently entered an amended judgment stating Lyon was a habitual offender, statutory requirements were not met and the court did not originally sentence Lyon as a habitual offender," Justice Daniel Crothers wrote in the unanimous opinion last month.
Lyon is set for re-sentencing March 5 at the Burleigh County Courthouse in Bismarck before Judge Daniel Borgen.
Lyon resides at the North Dakota State Penitentiary in Bismarck.
