State v. Anthony Glover
Court: Tennessee Court of Criminal Appeals Docket: M2025-00820-CCA-R3-CD Filed: April 6, 2026 County: Warren County Outcome: Judicial diversion denial reversed; remanded for new sentencing
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The Holding
A Warren County trial court’s denial of judicial diversion was reversed. The Court of Criminal Appeals held that the trial court failed to address all of the factors required under State v. Electroplating, Inc., 990 S.W.2d 211 (Tenn. Crim. App. 1998), which a sentencing court must consider on the record before granting or denying judicial diversion.
Why It Matters
Judicial diversion can mean the difference between a felony conviction and an eventual clean record for first-time offenders in Tennessee. Trial courts often deny diversion with conclusory reasoning — “the offense is too serious” — without walking through the seven Electroplating factors. Glover says that’s reversible error.
The seven factors a trial court must consider on the record include: (1) the defendant’s amenability to correction, (2) the circumstances of the offense, (3) the defendant’s criminal record, (4) the defendant’s social history, (5) the defendant’s physical and mental health, (6) the deterrence value to the defendant and others, and (7) whether judicial diversion will serve the ends of justice.
If you are denied judicial diversion in a Tennessee trial court without the judge addressing each factor on the record, that denial may not survive appellate review.
Statute / Rule References
Tenn. Code Ann. § 40-35-313 (judicial diversion); State v. Electroplating, Inc., 990 S.W.2d 211 (Tenn. Crim. App. 1998)
Read the Opinion
You can find the full opinion on the Tennessee Courts website. Search the Tennessee Court of Criminal Appeals 2026 opinions index by docket number M2025-00820-CCA-R3-CD.
Charged with a Tennessee Criminal Case?
I’m Nathan Cate. I defend criminal cases in Davidson, Williamson, Rutherford, Sumner, Wilson, and Maury Counties. If your case touches the issues above — or any other Tennessee criminal matter — call (615) 664-8083 for a free consultation. I’ll review the charging document, run the procedural posture, and tell you what your case actually looks like.
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This is a summary of a published opinion, not legal advice. Holdings cited may evolve as later cases distinguish or overrule them. If you have a pending case that touches one of these issues, contact N. Cate Law for case-specific guidance.
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