IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
SEPTEMBER 1998 SESSION
FILED
December 2, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
) C.C.A. No. 02C01-9711-CR-00454
Appellee, )
) Shelby County
V. )
) Honorable Carolyn Wade Blackett,
ANGELA FOX, ) Judge
)
Appellant. ) (Sentencing)
FOR THE APPELLANT: FOR THE APPELLEE:
Joseph S. Ozment John Knox Walkup
Attorney at Law Attorney General & Reporter
369 North Main Street
Memphis, TN 38103 Marvin E. Clements, Jr.
Assistant Attorney General
Mark Saripkin 425 Fifth Avenue North
Attorney at Law Nashville, TN 37243-0493
296 Washington Ave.
Memphis, TN 38103 William L. Gibbons
(at trial) District Attorney General
Paul Goodman
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
OPINION FILED:____________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
The defendant pled guilty to criminal attempt -- possession of a
controlled substance with intent to sell, a Class D felony. At her guilty plea hearing
the trial court denied her request for judicial diversion. Instead, the court sentenced
her as a standard Range I offender to two years in the workhouse, all suspended
except for six weekends to be served at the Shelby County Correctional Center. In
this appeal, the defendant contends that the trial court erred in denying judicial
diversion. Upon our review of the record, we affirm the trial court's judgment.
Judicial diversion is available to persons not previously convicted of a
felony or Class A misdemeanor and who plead to or are found guilty of a Class C, D
or E felony (or a misdemeanor punishable by imprisonment). See T.C.A. § 40-35-
313(a)(1)(A). Whether to grant judicial diversion rests within the sound discretion of
the trial court, and our review is limited to determining whether the trial court abused
that discretion. See State v. Anderson, 857 S.W.2d 571, 572 (Tenn. Crim. App.
1992). So long as “