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Posted by: Tanja Trezise on Mar 4, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

John E. Eldridge, Knoxville, Tennessee, for the appellant, Brys Andrew Hensley.

Attorneys 2:

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

Judge(s): BIVINS

Brys Andrew Hensley (“the Defendant”) pleaded guilty to one count of reckless aggravated assault and was placed on judicial diversion with a probationary period of two years. The State subsequently alleged that the Defendant had violated the terms of his probation, and, after a hearing, the trial court revoked the Defendant’s judicial diversion, entered a judgment of conviction, and sentenced the Defendant. After a second hearing, the trial court denied the Defendant’s motion to reconsider its previous ruling, and this appeal followed. We hold that, in revoking the Defendant’s diversion and probation, the trial court failed to exercise its statutory discretion and thereby committed reversible error. Accordingly, we reverse the trial court’s judgment and remand this matter for further proceedings consistent with this opinion.