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Posted by: Tanja Trezise on Aug 21, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Paul Julius Walwyn, Madison, Tennessee, for the appellant, Jessica Evette Ward.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, Rachel E. Willis, Assistant Attorney General; Victor S. Johnson, District Attorney General, and J. W. Hupp, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge(s): SMITH

Appellant, Jessica Evette Ward, was indicted by the Davidson County Grand Jury for aggravated assault and attempt to commit second degree murder. After a jury trial, Appellant was convicted of the lesser included offenses of reckless aggravated assault and misdemeanor reckless endangerment. At a sentencing hearing, the trial court merged the convictions and sentenced Appellant to serve three years in the county workhouse. Appellant did not file a motion for new trial. Appellant seeks review of the trialcourt’s denial of judicial diversion. After reviewing the record before this Court, we conclude that the trial court erred in failing to state on the record its reasons for denying judicial diversion; thus, we reverse the judgment of the trial court and remand for further proceedings.