Blackwell v. State

OPINION

DAUGHTREY, Judge.

The appellant-defendant, Virgil Blackwell, was indicted for driving under the influence of an intoxicant (D.U.I.), first offense, and sought participation in a pre-trial diversion program under T.C.A. § 40-2108. The district attorney refused to enter a memorandum of understanding on the grounds that the statute is unconstitutional, that there are no facilities for diversion in his circuit, that the diversion statute is inapplicable to the D.U.I. statute because the latter statute contains a recidivist provision, and, finally, because he personally disagreed with the…