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STATE v. LANDERS

723 S.W.2d 950 (1987)

STATE of Tennessee, Appellant, v. John O. LANDERS, Appellee. and STATE of Tennessee, Appellant, v. Lisa MALONE, Appellee.

Supreme Court of Tennessee, at Nashville.

February 2, 1987.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. & Reporter, Kevin Steiling, Asst. Atty. Gen., Nashville, for appellant.

George R. Bonds, TN Dist. Atty. Gen. Conference, Nashville, for amicus curiae.

John G. Mitchell, Jr., Murfreesboro, for appellee Landers.

David L. Raybin, Hollins, Wagster & Yarbrough, P.C., Thomas C. Binkley, Trabue, Sturdivant & DeWitt, Nashville, Mark S. Moore, Murfreesboro, for appellee Malone.

OPINION

FONES, Justice.

This is a T.R.A.P. 9 Interlocutory Appeal. In these consolidated cases each defendant was indicted on two counts of vehicular homicide; one count was eligible for pre-trial diversion and the other was not. The issue is whether the district attorney general could validate the memorandum of understanding by dismissing the count that made defendants ineligible for pre-trial diversion. The trial judge held that diversion was unlawful...

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