STATE OF TENNESSEE v. SHANICE L. DYCUS - Articles

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Posted by: Tanja Trezise on Jan 23, 2015

Court: TN Supreme Court

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Acting Solicitor General; Rachel E. Willis, Senior Counsel; Michelle Consiglio-Young, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Kimberly Lund, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Roger E. Nell, District Public Defender, and Charles S. Bloodworth, Sr., Assistant Public Defender, Clarksville, Tennessee, for the appellee, Shanice L. Dycus.

Judge(s): BIVINS

We granted review in this case to determine whether the mandatory minimum service requirement of Tennessee Code Annotated section 39-17-432(c) (2010) (the “Drug-Free School Zone Act”) renders offenses under that act ineligible for judicial diversion. After a thorough review of the record and the applicable law, we hold that the mandatory minimum service requirement of the Drug-Free School Zone Act does not render offenses under that act ineligible for judicial diversion. Although the trial court failed to adequately address the appropriate factors on the record, based on our own de novo review, we hold that the record demonstrates that the trial court properly denied the Defendant’s request to be placed on judicial diversion. Accordingly, we reinstate the trial court’s judgments.

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