State of Tennessee v. James Basil Conner

The defendant pled guilty to two counts of aggravated burglary, Class C felonies, and was sentenced as a range I, standard offender to two concurrent three-year sentences, to be served on probation. The defendant requested judicial diversion, but the trial court denied this request. The defendant now appeals, claiming that the trial court abused its discretion by failing to grant him judicial diversion. After carefully reviewing the record and the arguments of the parties, we conclude that the trial court failed to expressly consider numerous criteria that it was required to consider in making the determination of whether to grant or deny judicial diversion. Consequently, the judgments of the trial court are reversed and the case is remanded to the trial court for reconsideration in light of all relevant factors in a manner consistent with this opinion.