State of Tennessee v. Shanice L. Dycus

Case Number
M2012-02297-SC-R11-CD

We granted review in this case to determine whether the mandatory minimum service requirement of Tennessee Code Annotated section 39-17-432(c) (2010) (the “Drug-Free School Zone Act”) renders offenses under that act ineligible for judicial diversion. After a thorough review of the record and the applicable law, we hold that the mandatory minimum service requirement of the Drug-Free School Zone Act does not render offenses under that act ineligible for judicial diversion. Although the trial court failed to adequately address the appropriate factors on the record, based on our own de novo review, we hold that the record demonstrates that the trial court properly denied the Defendant’s request to be placed on judicial diversion. Accordingly, we reinstate the trial court’s judgments.

Authoring Judge
Justice Jeffrey S. Bivins
Originating Judge
Judge John H. Gasaway, III
Case Name
State of Tennessee v. Shanice L. Dycus
Date Filed
Dissent or Concur
No
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