State of Tennessee v. Robert Carl Harbison, Jr.

The defendant was convicted of reckless aggravated assault and sentenced as a Standard Range I offender to two (2) years, with all but ten (10) days suspended. Viewing the evidence in the light most favorable to the State, we conclude there is sufficient evidence to support the jury's finding that the defendant acted recklessly in causing serious bodily injury to the victim. However, applying the appropriate factors for consideration, we conclude that the defendant is eligible for judicial diversion, and there is no substantial evidence to support the trial court's denial of the defendant's request for judicial diversion. Accordingly, the judgment of the trial court is affirmed in part and reversed and remanded in part.