LOWER, N.J. (AP) — A New Jersey man convicted of shooting his girlfriend in the foot, requiring amputation of her lower leg, has been denied a new trial.

Ernest Davis was convicted of attempted murder and other charges in 2017. The 46-year-old Lower Township man argued in his appeal that the jury was improperly instructed on the murder charge and his 38-year sentence was excessive.

Credit: CBS3

According to court documents, Davis began arguing with his girlfriend when she declined to have sex with him on boat docked in Lower in October 2015. The ruling notes he threatened the woman with a gun and shot her in the foot when she tried to get away.

Her leg was amputated from the middle of the calf.

The appellate court found evidence of attempted murder was “overwhelming.”

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