from the Iowa District Court for Black Hawk County, Linda M.
defendant challenges his conviction for felony escape.
H. Kouris, Council Bluffs, for appellant.
J. Miller, Attorney General, and Sharon K. Hall, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and May, JJ.
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.
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
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.
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
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.
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 ...