State v. Montgomery

ORDER

WALKER, Presiding Judge.

This is the second time this pretrial diversion proceeding has been before this court. In both instances, the state has appealed as of right under Rule 3, T.R.A.P., from the trial court’s holding that the district attorney general abused his discretion in denying pretrial diversion to the appellee, who was indicted for shoplifting merchandise over $100 in value.

At the June session 1980, in an opinion filed July 18, 1980, this court considered the state’s first appeal as of right. The trial judge on March 7, 1980, had held that the district attorney general had…