State of Idaho v. Koche Roland Alio

── State of Idaho v. Koche Roland Alio ── Court: Idaho Court of Appeals Date: April 30, 2026 Category: General IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 52262 STATE OF IDAHO, ) ) Filed: April 30, 2026 Plaintiff-Respondent, ) ) Melanie Gagnepain, Clerk v. ) ) KOCHE ROLAND ALIO, ) ) Defendant-Appellant. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cynthia Yee-Wallace, District Judge. Judgment of conviction and unified sentence of thirty years, with a minimum period of confinement of eight years, for rape, affirmed; order of no contact, reversed and case remanded. Erik R. Lehtinen, State Appellate Public Defender; Kendra L. Nagy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raúl R. Labrador, Attorney General; Kale D. Gans, Deputy Attorney General, Boise, for respondent. ________________________________________________ LORELLO, Judge Koche Roland Alio appeals from his judgment of conviction and unified sentence of thirty years, with a minimum period of confinement of eight years, for rape. Alio also appeals from a no-contact order entered by the district court. We affirm Alio’s judgment of conviction and sentence but reverse and remand with respect to the no-contact order. I. FACTUAL AND PROCEDURAL BACKGROUND Alio’s adult son called 911 and reported that Alio and his wife were going through a separation. The son reported that Alio had recently been served with a protection order (prohibiting him from entering the family home) but he was currently inside the home. When 1 officers arrived, they found Alio inside the home (in violation of the protection order) and arrested him. During the subsequent investigation, Alio’s wife informed officers that Alio had raped her while she was unable to consent because she had taken Ambien. She further reported that similar incidents had occurred multiple times in recent months. The State subsequently charged Alio with two counts of rape for the incidents described by his wife. I.C. § 18-6101. Pursuant to a plea agreement, Alio pled guilty to one count of rape and the State dismissed the second count. During the entry of his guilty plea, Alio admitted that he had intercourse with his wife without her consent while she was under the influence of Ambien. Pursuant to the plea agreement, the State recommended the district court impose a unified twenty-year sentence, with a minimum period of confinement of five years; however, that recommendation was not binding on the district court. The district court sentenced Alio to a unified term of thirty years, with a minimum period of confinement of eight years.1 The State also requested the district court impose a no-contact order for twenty years, prohibiting Alio from contacting his wife and five of their six children. The district court entered a no-contact order for thirty years, which included Alio’s wife, four of their minor children, and one of their adult children. The no-contact order included no exceptions for either Alio’s wife or his children. Alio appeals. II. STANDARD OF REVIEW An appellate review of a sentence is based on an abuse of discretion standard. State v. Burdett, 134 Idaho 271, 276, 1 P.3d 299, 304 (Ct. App. 2000). Decisions related to a no-contact order are also reviewed for an abuse of discretion. State v