STATE v. SPEARS


780 S.W.2d 776 (1989)

STATE of Tennessee, Appellee, v. Jackie SPEARS, Jr., Appellant.

Court of Criminal Appeals of Tennessee, at Jackson.

May 10, 1989.


Attorney(s) appearing for the Case

Russell T. Perkins, Ronald W. McNutt, Williams & Dinkins, Nashville, for appellant.

W.J. Michael Cody, Atty. Gen., Nashville, James W. Thompson, Asst. Atty. Gen., Jerry Woodall, Dist. Atty. Gen., R. Leigh Grinalds, Asst. Dist. Atty. Gen., Jackson, for appellee.


OPINION

SCOTT, Judge.

The appellant was indicted for one count of assault and battery upon two police officers. He sought pre-trial diversion. The District Attorney General by undated letter informed his counsel that pre-trial diversion was denied for six reasons. Certiorari was not sought before the Circuit Judge in accordance with T.C.A. § 40-15-105(b)(3). The case went to trial and resulted in a mistrial because the jury was unable to agree.

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