State v. Angela Fox

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 “