State of Tennessee v. Tyler Mashburn

Defendant, Tyler David Mashburn, entered an open plea of guilt to one count of aggravated assault with the trial court to determine the length and manner of service of the sentence. Prior to the sentencing hearing, Defendant requested judicial diversion and submitted a certificate of eligibility. Following a sentencing hearing, the trial court denied diversion and imposed a five-year sentence of split confinement, with nine months to serve and the remainder on supervised probation. On appeal, Defendant argues that his sentence is excessive and the trial court erred by denying his request for judicial diversion. Following our review of the record, the briefs of the parties, and the applicable law, we reverse the judgment of the trial court and remand this case for further proceedings consistent with this opinion.