State of Tennessee v. Iris A. Jones

A Cheatham County jury convicted the Defendant, Iris A. Jones, of driving under the influence (“DUI”), first offense, and vehicular assault.  The Defendant filed an application seeking judicial diversion.  The trial court merged the DUI conviction into the vehicular assault conviction and granted the Defendant’s motion for judicial diversion.  On appeal, the State contends that the trial court abused its discretion when it found that the Defendant was eligible for judicial diversion.  After a thorough review of the record and applicable authorities, we conclude that the Defendant is not a “qualified defendant” for judicial diversion.  Accordingly, the case is reversed and remanded to the trial court for further proceedings consistent with this opinion.