State of Tennessee v. Terry Green

Terry Green (“the Defendant”) entered a best interest plea to one count of theft of property of $10,000 or more but less than $60,000, with no agreement as to his sentence. Following a sentencing hearing, the trial court denied judicial diversion and sentenced the Defendant to a term of four years, with four months to be served in confinement. The trial court suspended the remainder of the sentence, placing the Defendant on probation for a period of five years. On appeal, the Defendant contends that the trial court erred in denying the Defendant’s application for diversion and/or his request for full probation. The Defendant also claims that the trial court, in determining whether to grant or deny judicial diversion, erred in allowing “evidence of allegations of wrongdoing that had nothing to do with the case before the [c]ourt” and erred in “giving more weight to that evidence.” After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.