Ullom denied rule 35 motion

WALLACE — Wednesday was law day in Shoshone County and District Judge Barbara Duggan heard several cases throughout the day. The last case heard for the day was that of Terry Ullom.

Ullom was previously found guilty in August of last year on charges of domestic battery (a misdemeanor) and attempted strangulation (a felony). These charges stem from an incident that took place April 1, 2019, where Ullom assaulted his former girlfriend in Mullan, and was subsequently shot in the head in self-defense by his victim.

On Feb. 22 of this year, Ullom filed for a motion under Idaho Criminal Rule 35, and his attorney filed for a rule 35 motion on Feb. 25.

Judge Duggan explained to the court that in this particular case, a motion for reduction in Idaho criminal rule is essentially a plea for leniency, which may be granted if the sentence originally imposed was unduly severe.

It was argued by Ullom’s defense that it would be helpful for the court to have had an evaluation of both medical and mental health, given the fact that Ullom suffered a gunshot wound to the head, and how that affected him. The defense also called back to previous cases like State Vs. NICE in 1982 which ruled in favor of the defendant and gave him leniency.

Shoshone County Deputy Prosecutor Britney Jacobs first mentioned that both Ullom and his attorney filed motions under Rule 35. In Idaho criminal code, Rule 35 indicates that a defendant may only file one motion seeking a reduction of their sentence. In the context of the case itself and the ruling, Jacobs argued that the defendant was properly sentenced by the district court. In this case, Ullom was found guilty by a jury of the crime of attempted strangulation under Idaho criminal code 18-923.

This code states that any person who willingly and unlawfully chokes or attempts to strangle a household member, or member with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to 15 years in the state prison.

Jacobs explained that Ullom was sentenced to a unified term of 15 years, including five years fixed and 10 years indeterminate, which is up with Idaho code.

After hearing arguments from both parties, Duggan was able to make a determination.

She explained to the court that Judge Scott Wayman was the sentencing judge and recognized that he had very different recommendations from both sides. From a prison recommendation to one for probation. He also recognized the state's recommendation to accomplish the protection of society and he strongly looked at the fact that the jury found Ullom guilty.

Duggan said there was no evidence or testimony that has been provided to show any significant medical or mental health issues resulting from his previous gunshot wound, or that any of the injuries sustained would hinder any potential rehabilitation.

Based upon the court's review and having heard both sides of the argument, Duggan denied the motion for reconsideration and closed out the case.