State of Tennessee v. Gary M. Carter

Defendant, Gary M. Carter, pled guilty to statutory rape, a Class E felony, with the length and manner of service of his sentence to be determined following a sentencing hearing. Defendant received a sentence of two years to be served in split confinement with nine months incarceration followed by four years probation. Defendant argues, on appeal, (1) that the trial court erred in denying full probation and (2) that the trial court abused its discretion in denying judicial diversion and not articulating the reasons on the record. After a thorough review of the record, we affirm the denial of judicial diversion and reverse the imposition of the sentence of nine months incarceration and remand to the trial court for an entry of an amended judgment imposing 7.2 months incarceration followed by four years probation.