State Tennessee v. Albert L. Porter

The state has appealed as of right from the Shelby County Criminal Court's dismissal of a felony prosecution against the defendant, Albert L. Porter, on the same day it granted him judicial diversion in the case pursuant to T.C.A. § 40-35-313. The question presented in this case is what is the minimum time a defendant must serve on probation pursuant to judicial diversion of a felony. The defendant was indicted on January 28, 1992, for aggravated burglary, a Class C felony, and theft of property valued between one thousand and ten thousand dollars, a Class D felony. On March 26, 1993, the case was before the trial court for Disposition and the trial court was advised that the defendant would enter a guilty plea to aggravated burglary, that the state would recommend a three-year sentence and five hundred dollar fine, and that the defendant was requesting judicial diversion. Under questioning by the trial court, the defendant testified that he had a good job which he lost because of the charges, but that he thought he could get the job back if the charges were dropped.