CourtListener 10854892•State of Idaho v. Donald Ray Holmes
Gesamter Gesetzestext
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 52630
STATE OF IDAHO, )
) Filed: December 16, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
DONALD RAY HOLMES, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon
County. Hon. Gene A. Petty, District Judge.
Judgment of conviction and determinate sentence of one day for escape, affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before GRATTON, Chief Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Donald Ray Holmes entered an Alford1 plea to escape. I.C. § 18-2505. In exchange for
his guilty plea, an additional charge that he is a persistent violator was dismissed. The district
court sentenced Holmes to a determinate term of one day to be served consecutively to an unrelated
sentence. Holmes appeals, arguing that his sentence is excessive.
Sentencing is a matter for the trial court’s discretion. Both our standard of review and the
factors to be considered in evaluating the reasonableness of the sentence are well established and
1
See North Carolina v. Alford, 400 U.S. 25 (1970).
1
need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-
15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984);
State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the
length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 722,
726, 170 P.3d 387, 391 (2007). Our role is limited to determining whether reasonable minds could
reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150,
154 (Ct. App. 2020).
Holmes contends his one-day sentence is excessive because he “would like to put the
charges behind him to move on with his life.” Holmes provides no argument on how a one-day
sentence meaningfully impairs this desire. Holmes’s judgment of conviction and sentence are
affirmed.
2
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