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Posted by: Tanja Trezise on Dec 16, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Dan R. Smith (on appeal ), Jonesborough, Tennessee, and Ricky A. W. Curtis (at trial), Blountville, Tennessee, for the appellant, Allan Pope.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee.


A Sullivan County jury convicted the Defendant, Allan Pope, of one count of using public equipment for private purposes, one count of official misconduct, and one count of theft of services over $10,000 but less than $60,000. On direct appeal, this Court affirmed the Defendant’s conviction for theft of services and reversed and dismissed the Defendant’s convictions for official misconduct and private use of public property. State v. Pope, No. E2011-01410-CCA-R3-CD, 2012 WL 4760724, at *1 (Tenn. Crim. App., at Knoxville, Oct. 5, 2012), perm. app. denied (Tenn. March 5, 2013). On remand, the Defendant filed a motion for reconsideration, requesting that the trial court reconsider its previous denial of the Defendant’s request for judicial diversion; the trial court denied the motion. On appeal, the Defendant contends that the trial court erred when it denied his motion. After a thorough review of the record and applicable law, we dismiss the Defendant’s appeal.