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STATE v. BROOKS

943 S.W.2d 411 (1997)

STATE of Tennessee, Appellant, v. Ashley Maurice BROOKS, Appellee.

Court of Criminal Appeals of Tennessee, at Nashville.

No Application for Permission to Appeal Filed.

Attorney(s) appearing for the Case

Cheryl Skidmore, Hendersonville, for Appellee.

Charles W. Burson, Attorney General and Reporter, Karen M. Yacuzzo, Asst. Attorney General, Nashville, Ray Whitley, District Attorney General, Dee David Gay, Assistant District Attorney General, Gallatin, for Appellant.

OPINION

RILEY, Judge.

This is an extraordinary appeal granted the State of Tennessee pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. The state alleges the trial court erred by requiring the district attorney general to grant pre-trial diversion. We find that a Class B felony is not eligible for pre-trial diversion and reverse the judgment of the trial court.

I

Brooks was indicted in Count 1 for the sale of cocaine...

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