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State v. Dinwiddie4/21/1999
y admitted at the hearing--- the letter denying diversion, the pretrial diversion investigation report, and the incident report---does not support the Conclusion that the district attorney general abused his discretion in denying diversion. Because a preponderance of the evidence in the record does not support the trial court's decision, we reverse the order placing the defendant on pretrial diversion and remand this case to the trial court for further proceedings.
JOHN H. PEAY, Judge
CONCUR:
JOE G. RILEY, Judge
JAMES C. BEASLEY, SR., Special Judge
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