State of Tennessee v. Terry Rainey

The State appeals the Chester County Circuit Court's decision to order pretrial diversion for the Defendant-Appellee, Terry Rainey. Rainey was indicted for reckless endangerment, a Class E felony, and two counts of aggravated assault, Class C and D felonies. The State claims it properly appealed as of right under Rule 3(c) of the Tennessee Rules of Appellate Procedure. Alternatively, the State asserts the circumstances of this case warrant review as an extraordinary appeal under Rule 10(a) of the Tennessee Rules of Appellate Procedure. Upon review, we hold that the State cannot appeal the trial court's decision to order pretrial diversion under Rule 3(c). We also decline review under Rule 10(a). Accordingly, the State's appeal is dismissed.