APPELLATE COURT OPINIONS

I respectfully dissent.

The crime committed by the appellant, Danny R. Morris, was despicable. I am sure that the jury, like myself, was enraged as the evidence unfolded. This atrocious crime was committed in the jury’s home county by two inmates who escaped from a prison in an adjoining county. Morris and Barrett were much younger than the victim. They feigned illness and acted as if one of them needed assistance. When the elderly victim stopped to lend assistance, Morris and Barrett took advantage of the victim’s act of kindness. Nevertheless, we as citizens must not lose sight of the fact that ours is a Nation of laws. These laws govern the conduct of every citizen. As this Court said in Hodges v. State, 491 S.W.2d 624, 626 (Tenn. Crim. App. 1972), cert. denied (Tenn. 1973): “[O]dious individuals are not governed by one law and the remaining citizens by another; all are protected by the same general law.”

The defendant, Danny R. Morris, was convicted at a jury trial of aggravated robbery, a Class B felony. The trial court sentenced the defendant as a Range I offender to a term of confinement of twelve years in the Department of Correction.

The appellant, Barry Hughes, challenges, by extraordinary appeal, the trial court's judgment affirming the district attorney general's denial of his application for pretrial diversion. The appellant sought to divert two counts of official oppression, one count of official misconduct, and one count of fabricating evidence. The charges stem from allegations that, while performing his duties as a police officer, he planted cocaine in a civilian's car. We affirm.