State of Tennessee v. Aaron Hatfield - dissenting opinion

• Court: Court of Criminal Appeals of Tennessee
• Decided: January 3, 2019
• Docket: E2018-00041-CCA-R3-CD
• Status: Published

Opinion

01/03/2019 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs September 26, 2018

STATE OF TENNESSEE v. AARON HATFIELD

Appeal from the Criminal Court for Knox County No. 111759 Bob McGhee, Judge

No. E2018-00041-CCA-R3-CD

ROBERT L. HOLLOWAY, JR., J., dissenting.

I respectfully disagree with the conclusion reached by the majority in this case. For the reasons that follow, I would affirm the trial court’s judgment denying judicial diversion. The trial court considered and weighed on the record the factors governing judicial diversion for a qualified defendant set forth in State v. Parker, 932 S.W.2d 945 (Tenn. Crim. App. 1996) and State v. Electroplating, Inc., 990 S.W.2d 211 (Tenn. Crim. App. 1998). Therefore, we review the trial court’s decision under an “abuse of discretion standard accompanied by a presumption of reasonableness.” State v. King, 432 S.W.3d 316, 329 (Tenn. 2014). Although the trial court could have been more artful in its oral findings, the trial court’s findings, as set forth in the majority opinion, are in my opinion sufficient to determine that the trial court did not abuse its discretion in denying judicial diversion and that the trial court’s decision was reasonable.

_______________________ Robert L. Holloway, Jr., Judge