State of Tennessee v. Alex Hardin Huffstutter

In conjunction with the entry of a nolo contendere plea to first offense driving under the influence (“DUI”), Defendant, Alex Hardin Huffstutter, reserved a certified question for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A) in which he asked this Court to determine whether Tennessee Code Annotated section 40-35-313 excluded DUI as an offense for which judicial diversion was available.  On appeal, this Court determined that the question was not dispositive and dismissed the appeal.  State v. Alex Hardin Huffstutter, No. M2013-02788-CCA-R3-CD, 2014 WL 4261143, at *1 (Tenn. Crim. App. Aug. 28, 2014), no perm. app. filed.  Subsequently, Defendant filed a motion in the trial court seeking reconsideration of his eligibility for judicial diversion.  The trial court considered the motion and issued an order denying relief.  Defendant appeals the denial of the motion to reconsider.  After a review, we determine that the appeal is not properly before this Court.  Consequently, the appeal is dismissed.