State of Tennessee v. Marcus Donnell Jones

The Defendant entered a negotiated best interest plea to three counts of theft over $1,000. In accordance with the plea agreement, the Defendant received an effective sentence of six years, to be served on probation, and the State dismissed other pending charges against him. The parties agreed to allow the trial court to determine whether the Defendant’s probationary status should be governed by the judicial diversion provisions of Tennessee Code Annotated section 40-35-313. After a hearing, the trial court denied the Defendant’s request for diversion. The Defendant now appeals that judgment. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court.