State of Idaho v. James Allen Harvey

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52446

STATE OF IDAHO, )
) Filed: September 26, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JAMES ALLEN HARVEY, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia
County. Hon. Blaine P. Cannon, District Judge.

Judgment of conviction and aggregate unified sentence of twenty years, with a
minimum period of incarceration of six years, for two counts of incest, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Elizabeth A. Allred, 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; HUSKEY, Judge;
and LORELLO, Judge
________________________________________________

PER CURIAM
James Allen Harvey entered Alford1 pleas to two counts of incest, Idaho Code § 18-6601.
In exchange for his guilty pleas, additional charges were dismissed. On the first count , the district
court imposed a unified sentence of fifteen years, with a minimum period of incarceration of six
years. On the second count, the district court imposed an indeterminate sentence of five years, to
run consecutively to the first count, resulting in an aggregate sentence of twenty years, with a
minimum period of incarceration of six years. Harvey appeals, contending that his sentences are
excessive.

1
See North Carolina v. Alford, 400 U.S. 25 (1970).
1
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
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).
Applying these standards, and having reviewed the record in this case, we cannot say that
the district court abused its discretion. Therefore, Harvey’s judgment of conviction and sentences
are affirmed.

2