A convicted forger currently
serving two to four years in prison was denied a Rule 35
motion for a reduced sentence Monday, with County
Prosecutor Jack Douglas and Judge Ben Simpson both
agreeing that the reasons presented for the request by
defense attorney Michael Waldrup were insufficient.
“Through counsel, Mutter asked for
leniency,” Douglas
said. “The reasoning was a little unclear, with the
apparent problem being that Mutter doesn’t wish to
remain in prison and wants early release. I’m sorry, but
no one wants to go to prison.”
Billy J. Mutter, 46, was charged with making
and passing fake $50 bills at his Moyie Springs home
Jan. 24, 2010, and he was sentenced to two- to
four-years in prison, fined $750 and court costs, with
jurisdiction retained on the prison sentence.
After completing a six-month
program at the Idaho Department of Corrections Facility
in Cottonwood, he returned to
Boundary
County and, because of a scathing
report by corrections personnel, he was denied probation
and ordered to complete his jail term in December, 2010.
Douglas told
the court that it was incumbent on the defendant to do
much more than simply file a motion for leniency.
“Here, Mutter did essentially
nothing to indicate that he has changed,” he said.
“Without fundamental change, he remains an undue risk to
the community. Until he comes to the realization that
the world is not all about him and that he has real
responsibilities to the rest of us, which he has to
honor, I don’t see how he can expect to ever succeed at
probation.”
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