State of Tennessee v. Kenneth Carter

The defendant, Kenneth Carter, was indicted along with the co-defendant, Varnard Wheeler, for theft of property over $60,000. By agreement with the state, the defendant pled guilty to a reduced charge of attempt to commit theft of property over $60,000, a Class C felony with a Range I sentence of six years. The trial court denied judicial diversion and ordered a sentence of ninety days in jail followed by supervised probation. In this appeal of right, the defendant argues that the trial court erred first by denying judicial diversion and second by denying immediate probation.