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Posted by: Landry Butler on Dec 18, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Troy L. Bowlin II, Morristown, Tennessee, for the appellant, Michael Nelson Hurt.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Dan E. Armstrong, District Attorney General; and Richie Collins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Michael Nelson Hurt, pled guilty to official misconduct and theft of property valued over $1000 and accepted an out-of-range sentence of six years’ probation. Defendant applied to the trial court for judicial diversion, which the trial court denied. On appeal, Defendant argues that the trial court erred in failing to consider all of the common law factors in determining Defendant’s suitability for diversion, resulting in a sentence that is disproportionately punitive. Upon our review of the record, we affirm the judgments of the trial court but remand the case for the entry of judgment forms on each charge that was disposed of by way of the plea agreement.