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State v. Gibson10/7/2005
must discuss the weight attributed to each factor. We acknowledge that the prosecutor has discretion in deciding what weight to give each factor, but he must state his reasons on the record to avoid abuse of discretion. In this case, the prosecutor's extensive response denying pretrial diversion reveals that he not only considered, but also weighed, all the relevant factors under Hammersley. In fact, the prosecutor found many factors in favor of diversion, but ultimately concluded in the weighing process that five factors militated against granting diversion. Accordingly, we conclude the prosecutor did not abuse his discretion in denying the defendant's request for pretrial diversion.
CONCLUSION
For these reasons, we affirm the order of the trial court.
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