APPELLATE COURT OPINIONS

Appellant, Catherine Ward, was convicted of promoting prostitution, a Class E felony, by a jury. The trial court found that appellant was a standard offender and imposed a Range I sentence consisting of a fine of $3,000 and confinement for one year in the Department of Correction.

I dissent. I agree with the majority opinion that the twelve-hour detention without allowing bond under the policy stipulated by the parties to exist constituted punishment. In this respect, I believe that the policy would result in serious violations of an arrestee's statutory and constitutional rights, from illegal detention through illegal denial of bail into fundamental violation of due process. However, I do not believe that the Double Jeopardy Clause of either the Fifth Amendment to the United States Constitution or Article I, Section 10 of the Tennessee Constitution is implicated in this case.

This Court granted the appellant's Rule 9 interlocutory appeal to determine whether the trial court abused its discretion in denying the appellant's petition for the writ of certiorari to review the district attorney general's denial of pretrial diversion. The appellant contends that the trial court abused its discretion. The state contends that the trial court properly affirmed the district attorney general's decision to deny pretrial diversion. Since this Court finds that the trial court did not abuse its discretion, the judgment of the trial court is affirmed.