State v. Christie Thomas

• Court: Court of Criminal Appeals of Tennessee
• Decided: July 12, 1999
• Docket: 02C01-9810-CR-00303
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON FILED JUNE SESSION, 1999 July 12, 1999

Cecil Crowson, Jr. Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9810-CR-00303 ) Appellee, ) ) SHELBY COUNTY V. ) ) ) HON. CHRIS CRAFT, JUDGE CHR ISTIE T HOM AS, ) ) Appe llant. ) (ASSAUL T)

FOR THE APPELLANT: FOR THE APPELLEE:

A. C. WHARTON PAUL G. SUMMERS District Public Defender Attorney General & Reporter

TONY M. BRAYTON R. STEPHEN JOBE Assistant Public Defender Assistant Attorney General Criminal Justice Center, Suite 201 2nd Floor, Cordell Hull Building 201 Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243

JOH N W. P IERO TTI District Attorn ey Ge neral

JERRY KITCHEN Assistant District Attorney General

DAN BYER Assistant District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103

OPINION FILED ________________________

AFFIRMED PURSU ANT TO RU LE 20

THOMAS T. WOODALL, JUDGE ORDER In this case, the Defendant, Christie Thomas, has appealed as of right

from the trial court’s decision declining to grant her request for judicial diversion

pursuant to Tennessee Code Annotated section 40-35-313. Upon a plea of nolo

contende re to the offense of misdemeanor assault, the Defendant was sentenced

to serve sixty (60) days, which was suspended, and was placed on probation for

eleven (1 1) mon ths, twenty -nine (29 ) days.

W e have reviewed the record and find that the trial court did not abuse

its discretion in declining to grant judicial divers ion to De fendan t pursua nt to

Tennessee Code Annotated section 40-35-313. The evidence does not

prepon derate against the finding of the trial judge, and no error of law requiring a

reversal of the judgment is apparent on the record. Accordingly, the judgment of the

trial court is affirmed in accordance with R ule 20 of the Court of Criminal Appeals of

Tennessee.

____________________________________ THOMAS T. W OODALL, Judge

CONCUR:

___________________________________ DAVID H. WELLES , Judge

___________________________________ NORMA McG EE OGLE, Judge

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