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State v. Jenkins6/8/1999
tence other than confinement." Bingham, 910 S.W.2d at 454 (citation omitted). The record indicates that after a verbal confrontation, Appellant intentionally pointed a gun at Freels' head and pulled the trigger. When the gun did not fire the first time, Appellant intentionally pulled the trigger again and shot Freels in the head. As a result, Freels is blind in his right eye, deaf in his right ear, paralyzed on the right side of his face, and has bullet fragments in his skull which cannot be removed. Thus, we find the circumstances of this offense to be sufficiently reprehensible and offensive to justify a denial of probation.
In addition, we conclude that Appellant's potential for rehabilitation also weighs against a sentence of probation. Indeed, Appellant's prior criminal record consists of two public intoxication convictions, two reckless driving convictions, and one conviction for driving under the influence of an intoxicant. This continuing disrespect for the law indicates that Appellant has poor potential for rehabilitation. Further, the record indicates that Appellant initially denied all responsibility for the shooting by claiming that Freels had shot himself. Appellant then admitted that she had shot Freels, but denied responsibility by claiming that the gun had fired accidentally. Even at the sentencing hearing when she admitted to pulling the trigger two times before she shot Freels, Appellant continued to maintain that the shooting was an accident that occurred only because Freels asked her to shoot him. This Court has previously stated that failure to accept responsibility for one's criminal conduct reflects poorly on rehabilitative potential. State v. Zeolia, 928 S.W.2d 457, 463 (Tenn. Crim. App. 1996).
Based on the circumstances of this offense, a Conclusion that probation would depreciate the seriousness of the offense, and Appellant's poor potential for rehabilitation, we hold that the trial court did not abuse its discretion when it denied probation in this case. Accordingly, the judgment of the trial court is AFFIRMED.
JERRY L. SMITH, JUDGE
CONCUR:
DAVID G. HAYES, JUDGE
JAMES CURWOOD WITT, JR., JUDGE
Page 1 2 Tennessee DUI Attorneys
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