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State v. Holmes

Court of Appeals of Iowa

November 6, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
JAEVON TRAMERE HOLMES, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.

         A defendant challenges his conviction for felony escape.

          Drew H. Kouris, Council Bluffs, for appellant.

          Thomas J. Miller, Attorney General, and Sharon K. Hall, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and May, JJ.

          TABOR, Presiding Judge.

         Jaevon Holmes appeals his conviction for escape under Iowa Code section 719.4(1) (2017). He contends the evidence at his bench trial supported only the lesser offense of absence from custody under Iowa Code section 719.4(3). Because ample evidence backs the district court's determination Holmes intentionally and without permission left the work-release facility where he was held after violating parole on his felony convictions, we affirm.

         To convict Holmes of escape under section 719.4(1), the State had the burden to prove these elements:

1. Holmes "had previously been convicted of a felony." State v. Miller, 841 N.W.2d 583, 590 (Iowa 2014).
2. Because of that conviction, Holmes had been placed in the custody of a community-based correctional facility in Waterloo. See id.
3. Holmes "intentionally left the facility, without the consent or authority of the custodian." Id.

         In satisfaction of the first and second elements, State offered evidence that in 2015 Holmes was convicted of two felonies: drug possession with intent to deliver and eluding. At first, he went to prison. But he received parole in early November 2016. That status was short-lived. An administrative law judge revoked his parole in mid-December 2016. The revocation order placed him on work release at the Waterloo Residential Correctional Facility.

         According to Holmes's parole officer, that placement was "a community-based correctional facility" where he was "required to stay the night every night, report where he was going to be when he left the facility," and engage in "gainful employment." The officer testified Holmes was "still considered to be in prison" while he was at the residential facility.

         Less than two months after he arrived at the facility, Holmes engaged in the conduct at issue. Holmes returned to the facility from work at just before 5 p.m. Soon after, he signed back out to go shopping and visit an approved residence. The facility set his curfew at 10 p.m. At 9:35 p.m., Holmes returned with time to spare. But when checking back into the facility, Holmes tested positive for alcohol on a routine Alco-Sensor breath test. Drinking alcohol was a rule violation. Residential officer Admir Babic ...


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