State of Idaho v. Kenneth Ray Dial, Jr
CourtIdaho Court of Appeals
Date FiledOctober 23, 2026
Docket53250
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket Nos. 53250/53251/53252
STATE OF IDAHO, )
) Filed: October 23, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
KENNETH RAY DIAL, JR., ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Cynthia Yee-Wallace, District Judge.
Judgments of conviction and unified consecutive sentence of life imprisonment,
with a minimum period of confinement of forty years, for one count of lewd
conduct with a minor under sixteen, in Docket No. 53250; unified consecutive
sentences of ten years, with minimum periods of confinement of five years, for two
counts of sexual exploitation of a child, in Docket No. 53251; and unified
consecutive sentences of ten years, with minimum periods of confinement of five
years, for three counts of sexual exploitation of a child, in Docket No. 53252,
affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before TRIBE, Chief Judge; FLEMING, Judge;
and PETTY, Judge
________________________________________________
PER CURIAM
This case involves three consolidated appeals. Pursuant to a plea agreement, Kenneth Ray
Dial, Jr. pled guilty to one count of lewd conduct with a minor under sixteen, Idaho Code
1
§ 18-1508 (Docket No. 53250);1 two counts of sexual exploitation of a child, I.C. § 18-1507(2)(a)
(Docket No. 53251); and three counts of sexual exploitation of a child, I.C. § 18-1507(2)(a)
(Docket No. 53252). In exchange for his guilty pleas, the remaining charges in these cases were
dismissed. The plea agreement also included three cases in another county in which Dial agreed
to plead guilty to three counts of child sexual abuse, five counts of lewd conduct, one count of
witness intimidation, and two counts of possession of sexual exploitation of a child, and the State
agreed to dismiss the remaining charges in those cases. In Docket No. 53250, the district court
sentenced Dial to a unified term of life imprisonment, with a minimum period of confinement of
forty years, for one count of lewd conduct with a minor under sixteen.2 In Docket No. 53251, the
district court sentenced Dial to a unified term of ten years, with a minimum period of confinement
of five years, for each count of sexual exploitation of a child. 3 In Docket No. 53252, the district
court sentenced Dial to a unified term of ten years, with a minimum period of confinement of five
years, for each count of sexual exploitation of a child.4 Dial appeals, arguing that his sentences
are excessive.
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-
1
Dial entered his plea to one count of lewd conduct with a minor under sixteen as an Alford
plea. See North Carolina v. Alford, 400 U.S. 25 (1970).
2
This sentence was ordered to run consecutively to all underlying cases.
3
The sentence for the first count in this case was ordered to run consecutively to the sentence
in Docket No. 53250. The sentence for the second count in this case was ordered to run
consecutively to the sentence for the first count in this case and consecutively to the sentence in
Docket No. 53250.
4
The sentence for the first count in this case was ordered to run consecutively to the
sentences for both counts in Docket No. 53251 and consecutively to the sentence in Docket
No. 53250. The sentence for the second count in this case was ordered to run consecutively to the
first count in this case and consecutively to the sentences for both counts in Docket No. 53251 and
consecutively to the sentence in Docket No. 53250. The sentence for the third count in this case
was ordered to run consecutively to the first and second counts in this case and consecutively to
the sentences for both counts in Docket No. 53251 and consecutively to the sentence in Docket
No. 53250.
2
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 records in these cases, we cannot say
that the district court abused its discretion. Therefore, Dial’s judgments of conviction and
sentences are affirmed.
3