STATE v. MARKHAM


755 S.W.2d 850 (1988)

STATE of Tennessee, Appellant, v. J.W. MARKHAM, Steve Markham, J.W. Markham & Son, and Ray Holt, Appellees.

Court of Criminal Appeals of Tennessee, at Nashville.

June 23, 1988.


Attorney(s) appearing for the Case

William E. Boston, Bobby W. Sands, Boston, Bates, Holt & Sands, Lawrenceburg, for J.W. Markham, Steve Markham, and J.W. Markham and Son, Inc.

Jerry Wallace, Pulaski, for Ray Holt.

W.J. Michael Cody, Atty. Gen. and Reporter, Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., Nashville, for appellant.


OPINION

REID, Judge.

This case presents a Rule 9, T.R.A.P., appeal by the State from the judgment of the criminal court finding that the action of the district attorney general denying Appellees' applications for pretrial diversion constituted abuse of discretion.

The record supports the judgment of the trial court.

Appellees, J.W. Markham, Steve Markham and Ray Holt, were charged on a two-count indictment with conspiring to defraud the State...

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