STATE OF TENNESSEE v. DESMOND JOHNSON - Articles

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Posted by: Azya Thornton on Aug 11, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: John P. McNeil, Memphis, Tennessee, for the appellant, Desmond Johnson.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Benjamin L. Barker, Assistant Attorney General; Steven J. Mulroy, District Attorney General; and Carrie Bush, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CAMPBELL

The Defendant, Desmond Johnson, pled guilty in the Shelby County Criminal Court to aggravated assault, a Class C felony, in exchange for an agreed sentence of four years as a Range I offender, with the manner of service to be determined by the trial court. At the conclusion of the sentencing hearing, the trial court sentenced the Defendant to supervised probation. On appeal, the Defendant contends that the trial court erred by denying his request for judicial diversion. Because the Defendant failed to file a Tennessee Bureau of Investigation (“TBI”) certificate of eligibility for judicial diversion with the trial court, we conclude that the trial court was precluded from considering the Defendant’s request for judicial diversion. Accordingly, we affirm the judgment of the trial court.

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