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Posted by: Landry Butler on Aug 14, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael R. Tabler, Knoxville, Tennessee, for the appellant, Lucas Hubert Potter.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Assistant Attorney General; Mike L. Flynn, District Attorney General; and Matthew Dunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The defendant, Lucas Potter, pled guilty to attempted aggravated robbery, attempted robbery, and theft of property under $500. Tenn. Code Ann. §§ 39-13-401, -402, 39-14- 103. After a sentencing hearing, the trial court denied the defendant’s request for judicial diversion and imposed an effective five-year sentence of split confinement with community corrections after 270 days of service. On appeal, the defendant argues the trial court failed to properly consider his request for judicial diversion and erred in allowing the State to present rebuttal proof at the sentencing hearing. Following our review of the briefs, the record, and the applicable law, we affirm the judgments of the trial court.