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Posted by: Tanja Trezise on Jan 24, 2013

Head Comment: CORRECTION: On page one (1) of opinion, the trial judge's name has been corrected to "E. Shayne Sexton"

Court: TN Supreme Court

Attorneys 1:

Christopher Brent Keeton, Manchester, Tennessee, for the appellant, Sidney S. Stanton III.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; Brent C. Cherry, Senior Counsel; Lisa S. Zavogiannis, District Attorney General; and Joshua T. Crain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): LEE

The defendant was indicted on sixteen counts of animal cruelty for intentionally or knowingly failing to provide necessary food and care to horses on his farm in Warren County. The defendant applied for pretrial diversion, but the assistant district attorney general, acting for the district attorney general, determined that the defendant was not an appropriate candidate for pretrial diversion. The defendant filed a petition for writ of certiorari seeking a review by the trial court. The trial court found no abuse of discretion. The Court of Criminal Appeals affirmed. We granted the defendant’s application for permission to appeal. Finding no abuse of discretion, we affirm.