State of Tennessee v. Toby Michael Holmes

A Grundy County grand jury indicted the Defendant, Toby Michael Holmes, for voluntary manslaughter.  A jury convicted him of the lesser-included offense of criminally negligent homicide.  The Defendant sought judicial diversion.  The trial court denied judicial diversion and sentenced the Defendant to three years of probation, with 1,768 hours of community service to be performed at a local drug recovery center.  On appeal, the Defendant asserts that: (1) he was not properly convicted of the lesser-included offense of criminally negligent homicide; (2) the trial court improperly denied judicial diversion; and (3) the amount of community service was excessive.  After review, we conclude that the trial court erred by denying judicial diversion and grant the Defendant’s request.  The trial court’s judgment is affirmed in all other respects.