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Posted by: Tanja Trezise on Sep 7, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Stephens, District Public Defender; Sarah Heath Olesiuk, Assistant Public Defender (on appeal); and Kevin McGee, Assistant Public Defender (at hearing), Knoxville, Tennessee, for the appellant, Scot E. Vandergriff.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Randall E. Nichols, District Attorney General; and Joanie Stewart, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Scot E. Vandergriff, pled guilty to soliciting sexual exploitation of a minor by electronic means, a Class E felony, for which he received an agreed-upon sentence of two years. The trial court granted his request for probation but denied his application for judicial diversion. In this appeal, he claims that the trial court erred in denying his application for judicial diversion. Because the trial court failed to adequately state upon the record the basis for denying judicial diversion, we vacate the judgment and remand this matter for further proceedings consistent with this opinion.