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State v. Ellis4/16/1999
rifying, shocking, reprehensible, offensive, or otherwise of an excessive or exaggerated degree, and the nature of the offense must outweigh all factors favoring a sentence other than confinement. Bingham, 910 S.W.2d at 455 (citing Hartley, 818 S.W.2d at 374-375).
In this case, again, we are without the benefit of facts and circumstances of the offense, with the exception of the trial court's findings at the sentencing hearing. These findings reflect that the appellant and victim were good friends, and on the day of the shooting, both were extremely intoxicated. In denying an alternative sentence, the court stated,
"I think the proof seems to be that it [shooting] was done in such a fashion that there was very little thought, if any, given to it. That it was a reactive type of situation, never the less he put himself in that situation and an awful event occurred."
It is not our intent to minimize the appellant's criminal conduct or the resulting tragic loss of life, however, we are unable to conclude from the court's findings that the circumstances of the offense were so especially "violent, horrifying, or shocking" as to outweigh all factors favoring a sentence other than confinement.
Based upon the foregoing review of the record, we are compelled to conclude that the evidence is insufficient to overcome the appellant's statutory entitlement to an alternative sentence. Accordingly, we remand for imposition of an appropriate sentencing alternative with the instruction that the court consider a community corrections sentence, if special needs are established, Tenn. Code Ann. § 40-36-106(c), or a sentence of split confinement. See generally, Tenn. Code Ann. § 40-35-104(c). In all other respects, the sentence imposed by the trial court is affirmed.
DAVID G. HAYES, Judge
CONCUR:
JAMES CURWOOD WITT, Judge
JOHN EVERETT WILLIAMS, Judge
Page 1 2 3 4 Tennessee DUI Attorneys
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