Erik Ohlson, who was sentenced to prison in May for killing Jennifer Nalley, wants to appeal his conviction.
The 42-year-old Jackson man also wants a shorter sentence.
“The sentence of 25 years to life should be reduced,” his motion for reduction of sentence states.
After a legal battle that lasted nearly three years, Ohlson pleaded guilty in February to murder and manslaughter.
Ohlson killed Nalley in July 2016 on the porch of her Teton Valley cabin.
In a plea agreement, Teton County (Idaho) Prosecutor Billie Siddoway took the death penalty out of the equation.
Ohlson was charged with shooting and killing both Nalley and her unborn baby.
Nalley’s parents think he deserves more prison time.
“How can you stand over a woman and put eight bullets in her back and then get 25 years with time served?” Nancy Nalley previously told the News&Guide.
Nalley was hoping Erik Ohlson would be sentenced to life in prison with a minimum of 40 years for killing her only child, who was pregnant with her only grandchild.
Ohlson is also objecting to the state’s motion for restitution.
“Idaho Code Section 19-5304(2) authorizes the court to order a defendant found guilty of a crime to pay restitution for economic loss to the victim,” Siddoway wrote in the motion. “In a homicide case, the victim includes the immediate family of the actual victim.”
The state is asking for less than $13,000 in restitution on behalf of Nalley’s family.
That total includes travel expenses, DNA analysis and mortuary expenses.
“Nancy Nalley incurred $2,575.91 in travel expenses related to the mediation and criminal prosecution as shown in exhibit B,” Siddoway wrote. “These expenses would not have been incurred but for the felonious acts of the defendant.”
Ohlson’s notice of appeal doesn’t go into much detail about the grounds on which he plans to appeal.
“A preliminary statement of the issues on appeal which the appellant intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the appellant from asserting other issues on appeal,” the notice of appeal states, “are as follows: A. Did the court abuse its discretion at sentencing? B. Did the court err in ruling on the state’s motion regarding a mental evaluation?”
A hearing has been set for July 26 in Driggs.
After his May sentencing, Ohlson was transferred to the Idaho Correctional Institution in Orofino. His earliest parole eligibility date is July 6, 2041.