State of Tennessee v. Iris A. Jones-Concurring in Part and Dissenting in Part

Joseph M. Tipton, P.J., concurring in part; dissenting in part.

I respectfully disagree with the majority opinion’s conclusion that this court may consider the State’s appeal of the trial court’s granting judicial diversion as an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3(c)(4), but I believe the court can accept the appeal pursuant to Tennessee Rule of Appellate Procedure 10 as an extraordinary appeal.  In this regard, I agree with the majority opinion’s conclusion that the trial court erred in granting judicial diversion.