State of Tennesse v. Michael Eugene Chittum

The Defendant, Michael Eugene Chittum, was charged with one count of reckless vehicular homicide, a Class C felony. His application for pretrial diversion was denied by the district attorney general and that denial was upheld by the Criminal Court of Trousdale County. In this appeal, the Defendant argues that the trial court erred in upholding his denial of pretrial diversion because the district attorney general considered an irrelevant factor in his denial memorandum. On appeal, the State concedes that the district attorney general impermissibly considered an irrelevant factor and asks us to remand this case to the district attorney general for reconsideration. The Defendant, in response, asks us to reverse the decision of the trial court and remand to the trial court for entry of an order granting him pretrial diversion. After our review, we reverse, remand, and direct the entry of an order granting the Defendant pretrial diversion.