State of Tennessee v. Teresa Diana Poston

The Defendant, Teresa Diana Poston, pleaded guilty to theft of property valued over $2,500 with an agreed sentence of two years of probation. The parties agreed to a separate hearing to determine whether the trial court would grant the Defendant judicial diversion. After the hearing, the trial court denied the Defendant’s request for judicial diversion and imposed the agreed upon sentence. On appeal, the Defendant contends that the trial court erred when it denied her request for judicial diversion. After review, we vacate the judgment of the circuit court and remand for a new hearing.