State of Tennessee v. Rommel Obligacion-Concurring

Case Number
W2013-00702-CCA-R3-CD

I concur with the majority opinion. However, I respectfully disagree with the standard of review followed by the majority regarding judicial diversion. I agree with the reasoning set forth in State v. Kiara Tashawn King, No. M2012-00236-CCA-R3-CD, 2013 WL793588, at *7 (Tenn. Crim. App. Mar. 4, 2013), perm. app. granted (Tenn. Aug. 14, 2013), that after Bise, Caudle, and Pollard, portions of Parker, Electroplating, and their progeny in which this court reversed a trial court’s decision to deny judicial diversion merely because the trial court failed to expressly consider one or more of the seven legally-relevant factors (or merely because it failed to specify why some factors outweighed others) can no longer be considered governing law.

Authoring Judge
Judge Roger A. Page
Originating Judge
Judge Clayburn Peeples
Case Name
State of Tennessee v. Rommel Obligacion-Concurring
Date Filed
Dissent or Concur
This is a dissenting opinion
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