State of Tennessee v. William George Soller

Summary

The Supreme Court of Tennessee held that a trial court may not alter a plea agreement entered under Tennessee Rule of Criminal Procedure 11(e)(1)(C) to add judicial diversion when the agreement is silent on that issue. The court also held that judicial diversion is unavailable after a judgment of guilt has been entered because the governing statute requires diversion to occur without entering a judgment of guilty. The judgment of the Court of Criminal Appeals was affirmed.

Holdings

1. A trial court may not alter a plea agreement accepted under Tennessee Rule of Criminal Procedure 11(e)(1)(C) by adding judicial diversion when diversion was not included in the agreement. The court must accept or reject the agreement in its entirety.
2. Once a judgment of guilty has been entered, the trial court is precluded from granting judicial diversion.

Questions Presented

1. Whether a trial court may alter a Rule 11(e)(1)(C) plea agreement by granting judicial diversion when the agreement is silent on diversion.
2. Whether a trial court may grant judicial diversion after judgments of guilty have been entered.

Disposition

affirmed