Opinion
OP 22-0285
09-27-2022
MICHAEL BRADLEY BURTON, Petitioner, v. TOM SEIFERT, Captain, Respondent.
ORDER
In an August 16, 2022 Order, this Court denied and dismissed Michael Bradley Burton's Petition for Writ of Habeas Corpus, after receiving a response from the State of Montana. Burton has filed a motion for reconsideration, requesting this Court grant relief and remand to the Glacier County District Court for resentencing. We deem his motion a petition for rehearing, pursuant to M. R. App. P. 20(1).
"Absent clearly demonstrated exceptional circumstances, the supreme court will not grant petitions for rehearing of its orders disposing of motions or petitions for extraordinary writs." M. R. App. P. 20(1)(d).
Burton is not entitled to resentencing. Burton argues that "[e]ven the State has agreed that Burton's Theft sentences are facially invalid," but the State clearly did not opine that Burton was entitled to relief. Rather, the State explained that, in 2009, Burton received two, twenty-year sentences with ten years suspended for two burglary convictions and that these sentences ran concurrently with Burton's sentences for two theft convictions, which he was challenging. We held that, because his burglary sentences were valid, the challenged felony theft sentences had no effect on the duration of his sentence and, thus, Burton was not held illegally based on his sentences. Therefore, Burton is not entitled to rehearing.
IT IS ORDERED that Burton's Motion for Re-consideration, deemed a Petition for Rehearing, is DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to counsel of record and to Michael Bradley Burton personally.