Opinion
C.C.A. No. 01C01-9512-CC-00430.
December 30, 1996.
APPEAL FROM HICKMAN COUNTY, HON. DONALD P. HARRIS, JUDGE
For the Appellant:
DALE M. QUILLEN
For the Appellee:
CHARLES W. BURSON, Attorney General and Reporter, ROBIN L. HARRIS Assistant Attorney General, JOE D. BAUGH, JR., District Attorney General, RONALD L. DAVIS, Assistant District Attorney
AFFIRMED PURSUANT TO RULE 20
ORDER
This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Appellant complains that the trial judge abused his discretion in denying Appellant probation. We affirm the decision of the trial court.
Appellant was convicted on a plea of nolo contendere to the offense of rape by force or coercion, a Class B felony. Tenn. Code Ann. Sec. 39-13-503. Appellant does not therefore enjoy the presumption that he is entitled to a sentence which does not involve incarceration. See, Tenn. Code Ann. Sec. 40-35-102(6).
The record reflects that Appellant was a friend of the twelve year old victim's family. Exploiting this relationship, Appellant repeatedly and on separate occasions committed forcible oral and vaginal rape upon the victim. As a result the young victim suffered great psychological trauma, was hospitalized, medicated and even attempted suicide. Appellant also wrote a letter to the victim expressing his desire to engage in this same conduct with the victim's sister.
The trial court found that the especially shocking and reprehensible nature of this offense and the need to avoid depreciating the seriousness of the offense outweighed any favorable evidence in favor of granting probation. Having conducted a de novo review of the trial court's decision with a presumption that it is correct, we find that the law and evidence amply supports the decision to deny Appellant probation.
We further find that an opinion in this matter would not have any precedential value. Therefore, we affirm the decision of the trial court pursuant to Rule 20, Rules of the Tennessee Court of Criminal Appeals.
______________________________________ JERRY L. SMITH, JUDGE
CONCUR:
______________________________________ DAVID H. WELLES, JUDGE
______________________________________ WILLIAM M. BARKER, JUDGE