State to fight drug convict's lawsuit

SANDPOINT — The state intends to upend a Bonner County man’s attempt to undo his conviction on a felony drug charge.

Darryl James Holm pleaded guilty to possessing methamphetamine in 2005 and was sentenced to three to six years in prison with retained jurisdiction.

When jurisdiction is retained, a defendant can be released on probation after serving six months.

Holm was indeed released, but arrested for violating the terms of his probation. He ended up serving another six months of retained jurisdiction and was released on probation for a second time, which also ended badly because of noncompliance with probation, court records indicate.

Holm’s probation was revoked last year and he was ordered to serve the full prison sentence. He subsequently sued the state for post-conviction relief, arguing the court did not give proper weight to a mental health condition he was diagnosed with.

Holm, 49, also contends his mental health ailment effectively renders his guilty plea as unknowing and involuntary, according to his petition for relief. Holm further argues ineffective assistance at the trial court level and that the evidence used against him was discovered during an unlawful search by a Bonner County deputy.

The state plans to file a motion for summary disposition, court records show.

Holm is imprisoned at the Idaho Correctional Institution in Orofino. He becomes eligible for parole next year, according to the Idaho Department of Correction.