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Posted by: Suzanne Craig Robertson on May 12, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Vicki M. Carriker, Memphis, Tennessee, for the appellant, Kalandra Lacy.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Paul Goodman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Kalandra Lacy, appeals her Shelby County Criminal Court guilty-pleaded conviction of abuse of a corpse, arguing that the trial court erred by denying her bid for judicial diversion. Following a de novo review occasioned by the trial court’s failure to consider on the record all the factors relevant to the denial of judicial diversion as well as the trial court’s consideration of irrelevant factors, we conclude that the defendant is entitled to judicial diversion. We remand the case for entry of an order placing the defendant on judicial diversion under the same terms and conditions of her previously- imposed sentence of probation.