A North Dakota district court judge resentenced a man convicted of attempted murder after the state Supreme Court ruled he was improperly sentenced.
Branden Lyon, 40, was convicted at a 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.
Former South Central District Judge Bruce Haskell later sentenced Lyon to life in prison without parole.Â
Lyon appealed on grounds of his sentencing as improper under the state's habitual offender statute, and the Supreme Court agreed.
On Monday, Burleigh County State's Attorney Julie Lawyer cited Lyon's lengthy criminal record and asked South Central District Judge Daniel Borgen deem Lyon a habitual offender and sentence him again to life in prison with the possibility of parole.
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Lyon's attorney Thomas Glass instead recommended Lyon receive five years in prison to run concurrent with the sentences he received on other charges.
"A life sentence without a loss of life or limb I think is unduly harsh," Glass said, noting Lyon had a difficult upbringing, including being in the foster care system.
Lyon also asked Borgen to consider a lesser sentence.
"I really don’t want my life to be thrown away like that," Lyon said. "This is all I’ve known, was to be incarcerated my whole life, but it’s not what I want my life to be."
Borgen ruled Lyon as a habitual offender based on his previous convictions.
"I understand you had a very rough childhood from the presentence investigation, but it’s been 20 years of spiraling upward of more and more offenses," he said.
Borgen sentenced Lyon to life with the possibility of parole. Glass declined to comment after the hearing on whether Lyon plans to appeal.