1 The victim raised his arm abovehis head in order to shield himself from defendant’s

blows. 

# FILED
June 2, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT KNOXVILLE FEBRUARY

1998 SESSION

STATE OF TENNESSEE, ) C.C .A. NO. 03C01 -970 5-CC-0019 0 ) Appellee, ) BLOUNT COUNTY ) VS. ) No. C-9610 Below ) BILLY SLAUGHTER, ) HON. PHYLLIS MILLER, ) JUDGE BY INTERCH ANGE Appellant. )

ORDER

The de fendan t, Billy Slaughter , was convicted by a Blount County jury

of reckless endangerment with a deadly weapon, a Class E felony. The trial court sentenced him as a Ra nge I off ender to one (1) yea r, with all b ut ten (10 ) days suspended, and ordered that defendant serve t wo (2) years on pr

obation. O n appeal, defendant contends that the trial cour t erred in denying full

probation. We find no error and affirm the judgment of the trial court pursuant to R u le 20 of the Tennessee Court of Criminal Appeals.

I

Defendant was driving to his mother’s home when his vehicle slid into a ditch due to snow and ice o n the gr ound. A c

ompanion

and the v

ictim, Timothy

Self, stopped to give assistance. After Self and his companion pulled defend ant’s vehicle out of the ditch and onto the road, defendant’s v ehicle slipped on the ice and drifted into a telephone pole, causing damag e to the vehicle. An a rgument ensued, and defendant hit Self with a “bumper j ack,” breaking Se lf’s arm. 1 At trial, defendant claimed that Self br an dished a gun, an d he was

merely defendin g himse lf.2

Defendant was charged wi th aggravated assault , but the jury convi cted him of the lesser offense of felony reckless endangerment. At the sentencing hearing, d ef endant testified that he was tw enty-four (24) yea rs old, was married and had a four-year old so n. He never comple ted high school or obtaine d his G ED. He worked part-time doing repair work at a tennis
co urt facility. He reported occasional alcohol use and had used marij uana in th e past. He maintained that the v ictim had a weapon during the altercation. The trial court sentenced defendant as a Range I off ender to one (1) year. In determining whether an alternative sentence would be appropriate, the trial court noted defendant’s poor social and work history. The court found that defendant was less than candid in his insistenc e that the victim was

carrying a gun. Furthermore, the trial court determined that a period of

incarcerat ion was necessary to avoid depreciating the seriousness of the offense. Therefore, the trial court suspended defendan t ’s sentence, with the exc eption of ten (10) days, and or dered that defendant serve two (2) y ears on supervised probat ion. From the trial court’s judgment, defendant brings this appeal.

II

We agree with the trial court that a peri od of incar ceration is necessary to avoid depreci ating t he seri ousness of t he offen se. During a verbal argument, defendant struck the victim wi th a “bummer jack,” breaking the v

ictim’s arm. The victim’s injuries could have been much more serious, possibl y resulting in death, had he not lifted his arm above his head in self-defense. Furthermore, the trial court found that defendant was not truthful in his claims that the victim wa s carrying a gun. Lack of candor is an appropri ate consideration for the tri al court and reflects
on a defendant's potential for rehabilitation. State v. Dowdy , 894 S.W.2d 301, 306 (Tenn. Crim. App. 1994). Considering the nature of the offense and the defenda n t’s negat ive rehabilitation potential, we find that the per iod of incarceration of

ten (10) days in the3

county jail is appropriate. It is, therefore, ORDERED that the judgment

of the trial
cour t is affirmed in accordance wi th Rule 20, Rules of the Court of Crimina l Appeals. In the event t he defendant indicates an intention to file an application for permission to appeal to the Tennessee Supreme Court, he may be admitted to bail in the additional amount of $2,500, for a total bond amount of $5,000, w ith sufficient sureties to be approved by the clerk of the trial court pending filing and dispos ition of said application. In default of su ch bond, he shall be remanded to the c ustody
o f the Sheriff of Blount County. Cos ts of appeal will be paid by the State of Tennessee as it appears defendant is i ndigent.

JERRY L. SMITH, JU DGE

CONCUR:

THOMAS T. WOOD

ALL, JUDGE

WILLIAM B. A

CREE, JR., SPECIA L JUDGE