State v. Kirk

OPINION

WHITE, Judge.

This is an interlocutory appeal under Rule 9 of the Tennessee Rules of Appellate Procedure to determine whether the prosecutor abused his discretion in denying pretrial diversion. The trial court affirmed the denial. For the reasons set forth, the judgment is reversed and the case remanded to the trial court for further proceedings.

The appellant, Charles Floyd Kirk, was charged with four alternate counts of aggravated assault and one count of carrying a weapon with intent to go armed. The victim, Shawn Lawless, was a sixteen year old friend of appellant’s fourteen year old…