OPINION
DAUGHTREY, Judge.
The appellant-defendant, Virgil Blackwell, was indicted for driving under the influence of an intoxicant (D.U.I.), first offense, and sought participation in a pre-trial diversion program under T.C.A. § 40-2108. The district attorney refused to enter a memorandum of understanding on the grounds that the statute is unconstitutional, that there are no facilities for diversion in his circuit, that the diversion statute is inapplicable...
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