03/31/93 State Tennessee V. Charles M. Carr

The state appeals by permission from the order of the Gibson County Circuit Court granting the defendant, Charles M. Carr, *fn1 pretrial diversion. The State contends that the trial court failed to apply the appropriate standard of review of the prosecutor's refusal to allow diversion. The defendant responds that the trial court acted correctly because the prosecutor abused his discretion when he failed to focus upon the defendant's amenability to correction as provided by State v. Hammersley, 650 S.W.2d 352 (Tenn. 1983). This case highlights the limits placed upon courts in reviewing the discretionary decisions of prosecutors regarding pretrial diversion.