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State v. Browne3/11/2002
noted that it "reviewed the entire Pretrial Diversion Report prepared by the Tennessee Department of Probation and information and statements provided by Officer David Quillen." Among the factors that the prosecution considered were the circumstances of the offense, the Defendant's social history, physical and mental condition, and the best interest of both the public and the Defendant. The prosecution clearly articulated the following reasons for denying the Defendant pretrial diversion: (1) that the Defendant "has not been truthful and candid regarding the information he provided for the preparation of the Pretrial Diversion Report," (2) that the Defendant "has not provided a credible explanation of his criminal activity," (3) that the Defendant "has a poor employment history," and (4) " o deter other individuals from committing similar crimes in a public area frequented by adults and children."
The prosecutor also noted certain factors weighing in the Defendant's favor. The prosecutor acknowledged that the Defendant had no prior record, that he had attended college, and that there was no reported use of illegal drugs. However, the prosecutor ultimately denied the Defendant pretrial diversion. Because the prosecutor clearly articulated the relevant factors that were considered, we conclude that there was no abuse of discretion. Therefore, the trial court properly ruled that the prosecutor's decision to deny pretrial diversion was not an abuse of prosecutorial discretion.
Regarding the remaining issues, the Defendant has failed to cite any authority in support of his arguments; thus the issues are waived. Tenn. Crim. App. R. 10(b); Tenn. R. App. P. 27(a)(7). However, notwithstanding the waiver, we have thoroughly reviewed the record and conclude that the Defendant has no legal basis for relief.
After a full consideration of the record, the briefs, and the applicable law, we conclude that the judgment of the trial court should be affirmed.
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