State of Tennessee v. Brandon Luke Baron

The Defendant, Brandon Luke Baron, appeals from the Cumberland County Criminal Court’s denial of his request for judicial diversion following his guilty plea to child abuse, a Class D felony. See T.C.A. § 39-15-401 (2014) (subsequently amended). The court imposed the agreed-upon two-year sentence and ordered the Defendant to serve it in the Department of Correction. The Defendant contends that the court erred in denying judicial diversion. We conclude that the trial court failed to consider and weigh all of the relevant factors in accord with State v. Electroplating, 990 S.W.2d 211, 229 (Tenn. Crim. App. 1998), and State v. Parker, 932 S.W.2d 945, 958 (Tenn. Crim. App. 1996), but upon de novo review, we affirm the judgment of the trial court denying judicial diversion.