IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON FILED JUNE SESSION, 1999 July 12, 1999 Cecil Crowson, Jr. Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9810-CR-00303 ) Appellee, ) ) SHELBY COUNTY V. ) ) ) HON. CHRIS CRAFT, JUDGE CHR ISTIE T HOM AS, ) ) Appe llant. ) (ASSAUL T)

FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON PAUL G. SUMMERS District Public Defender Attorney General & Reporter TONY M. BRAYTON R. STEPHEN JOBE Assistant Public Defender Assistant Attorney General Criminal Justice Center, Suite 201 2nd Floor, Cordell Hull Building Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243 JOH N W. P IERO TTI District Attorn ey Ge neral JERRY KITCHEN Assistant District Attorney General DAN BYER Assistant District Attorney General Criminal Justice Center, Suite 301 Poplar Avenue Memphis, TN 38103

OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 THOMAS T. WOODALL, JUDGE ORDER In this case, the Defendant, Christie Thomas, has appealed as of right from the trial court’s decision declining to grant her request for judicial diversion pursuant to Tennessee Code Annotated section 40-35-313. Upon a plea of nolo contende re to the offense of misdemeanor assault, the Defendant was sentenced to serve sixty (60) days, which was suspended, and was placed on probation for eleven (1 1) mon ths, twenty -nine (29 ) days.

W e have reviewed the record and find that the trial court did not abuse its discretion in declining to grant judicial divers ion to De fendan t pursua nt to Tennessee Code Annotated section 40-35-313. The evidence does not prepon derate against the finding of the trial judge, and no error of law requiring a reversal of the judgment is apparent on the record. Accordingly, the judgment of the trial court is affirmed in accordance with R ule 20 of the Court of Criminal Appeals of Tennessee.

____________________________________ THOMAS T. W OODALL, Judge

CONCUR:

___________________________________ DAVID H. WELLES , Judge

___________________________________ NORMA McG EE OGLE, Judge

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