All Content

Posted by: Tanja Trezise on Apr 15, 2014

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Daniel J. Taylor, Jackson, Tennessee, for the appellant, Rommel Obligacion.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Garry Brown, District Attorney General; Larry Hardister and Hillary Lawler-Parham, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Rommel Obligacion, appeals from his jury convictions for three counts of felony reckless endangerment, contending that the evidence presented at trial was insufficient to support his convictions beyond a reasonable doubt and that the trial court improperly denied his requests for probation and judicial diversion. After reviewing the record and the applicable authorities, we conclude that the trial court failed to demonstrate on the record that it considered all the relevant judicial diversion factors, assigned weight to each factor, and explained how some factors outweighed others. This error, however, was harmless in light of the other findings made by the trial court. Therefore, we affirm the judgments of the trial court.