Resentencing scheduled for man convicted of 2015 attempted murder case
The State Supreme Court reversed and remanded the life in prison sentencing for a Bismarck man convicted of attempted murder.
Court documents say the Supreme Court concluded the sentencing of 40-year-old Branden Lyon was illegal because it didn’t act within statutory sentencing limits.
Lyon was sentenced in March to life in prison with the possibility of parole in connection to an October 2015 standoff with police.
Police say Lyon barricaded himself in a Bismarck home for more than 12 hours. Officers say Lyon pointed a gun at a man in the home. Law enforcement launched bean bag rounds and tear gas inside the home and Lyon took three shots.
The Supreme Court says there’s no evidence that supports the habitual offender finding against Lyon.
The maximum sentence for an Class A Felony attempted murder charge is 20 years, court documents say it wasn’t within the limits since he was not sentenced as a habitual offender.
In March, former Judge Bruce Haskell said Lyon didn’t deserve any chances or considerations because he’s a dangerous person.
A bond hearing is set for Lyon for Tuesday morning. His new sentencing hearing is scheduled for March 5 at 11 a.m.