State of Tennessee, Plaintiff-Appellant v. Jerry Bunch, Defendant-Appellee

Summary

The Tennessee Supreme Court reversed the Court of Criminal Appeals and reinstated the trial court's denial of probation for Jerry Bunch, who had been convicted of driving under the influence after a bench trial. The Court held that a defendant's untruthfulness under oath at trial is a legitimate factor the trial judge may weigh in denying probation, and that without a transcript of the trial evidence the intermediate court could not determine whether the trial judge abused the sole discretion vested in him by T.C.A. Sec. 40-21-104(a)(1). While agreeing that no Tennessee rule requires admission of guilt as a prerequisite to probation, the Court found the denial rested primarily on the defendant's lying under oath, not on his refusal to admit guilt.