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Posted by: Chandra Williams on Aug 12, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua A. Hardin, Elizabethton, Tennessee (at trial and on appeal), and C. Brad Sproles, Kingsport, Tennessee (at trial), for the appellant, Chyanne Elizabeth Gobble.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Tony Clark, District Attorney General; and Dennis D. Brooks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Chyanne Elizabeth Gobble, pled guilty to leaving the scene of an accident involving a death. The trial court denied judicial diversion and sentenced Defendant to two years’ incarceration, suspending all but thirty days to supervised probation. On appeal, Defendant argues that the trial court erred in denying judicial diversion. We hold that the trial court committed an abuse of discretion in placing undue weight on an irrelevant factor. Upon our de novo review of the record, we reverse the judgment of the trial court and remand the case for entry of an order placing Defendant on diversion for a period of four years in accordance with Tennessee Code Annotated section 40-35-313.