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Man convicted on drug charge seeks relief

by Keith KINNAIRD<br
| December 22, 2008 8:00 PM

SANDPOINT - A Bonner County man imprisoned on a methamphetamine charge claims he was coerced into pleading guilty to a reduced charge.

Darryl James Holm is seeking a new trial or a pardon, according to a petition for post-conviction relief filed in 1st District Court.

Holm, 48, was originally charged with delivery of a controlled substance in connection with an August 2005 arrest.

A sheriff's deputy went to the Sagle home Holm was staying in at the time in an attempt to locate a suspect who fled a traffic stop, the arrest report said. The suspect was not discovered, but Holm's three house guests exhibited the telltale signs of stimulant use, the report said.

The visitors reportedly admitted to using meth and the home was searched. The search turned up more than 2 grams of meth which, court documents indicate.

Holm denied using the drug when he was questioned by the deputy.

He later pleaded guilty to felony drug possession and was given a suspended prison sentence of 3-6 years. Holm committed a series of probation violations and he was placed in the Idaho Department of Correction's retained jurisdiction program. He was released onto probation after serving six months in prison, but he committed additional probation violations and his suspended prison sentence was imposed, court records indicate.

Holm argues in his petition that his former attorney, former Chief Public Defender Hugh Nisbet, convinced him to plead to the lesser charge because a conviction for delivery of a controlled substance can result in a lifelong prison sentence.

Holm insists he is innocent of the possession charge and would be vindicated if the matter went to trial, the petition states.