State v. King

OPINION

SCOTT, Judge.

This is an appeal by permission from the trial court, pursuant to Rule 9, T.R.A.P., wherein the state challenges the trial judge’s decision to place the appellee in pre-trial diversion as authorized by TCA § 41-2103, et seq.

The appellee was charged with the offense of indecent exposure, a misdemeanor. The transcript of the preliminary hearing in the City Court of Chattanooga revealed that the appellee was charged with masturbating in the presence of several small children behind the Charles A. Bell Elementary School. Although there was only one incident charged, the…