State v. Wilson

OPINION

DWYER, Judge.

Appellant appeals of right, T.R.A.P. 3(b), his conviction by a jury for violating T.C.A. § 39-2-607, sexual battery, with a sentence of confinement for three years suspended but for four months to be served in the county workhouse.

There are two issues: (1) whether the district attorney general abused the discretion vested in him by the pretrial diversion statute by denying pretrial diversion to appellant; and (2) whether the trial court abused its discretion in requiring appellant to serve four (4) months in the Davidson County workhouse and in denying him probation.

The…