State of Tennessee v. Chrystal Tollison, M2016-00593-CCA-R3-CD

Chrystal Tollison pleaded guilty to Class E felony child neglect after initially being charged with Class A aggravated child abuse; sentencing was reserved for a hearing.
The infant victim (eight months) sustained severe brain and ocular injuries (subdural hematoma, retinal hemorrhaging, rotational brain injury) and is permanently disabled; treating physicians believed injuries inconsistent with a short fall.
Tollison admitted leaving the child unattended on a bed and pleaded guilty on that basis; she has participated actively in the child’s therapy and maintained steady employment and housing.
At sentencing, defense sought judicial diversion; no formal diversion application appears in the record. Occupational therapist testimony emphasized the child’s reliance on Tollison and potential harm from incarceration.
The trial court denied diversion, citing the seriousness of the offense, the victim’s vulnerability and injuries, evidence of a cluttered, alcohol- and drug-implicated residence, and the need for deterrence; it instead imposed two years of probation.
On appeal, Tollison argued the court failed properly to weigh and consider judicial-diversion factors; the State defended the denial as supported by the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying judicial diversion	State: Trial court properly considered Parker factors and denial served deterrence and community interests	Tollison: Court failed to weigh/consider all relevant judicial-diversion factors and should have granted diversion	Court affirmed denial; trial court considered required factors, placed findings on record, and substantial evidence supported denial

State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (applies presumption of reasonableness to within-range sentences and governs appellate review)
State v. King, 432 S.W.3d 316 (Tenn. 2014) (judicial diversion review requires consideration and weighing of Parker factors with record findings)
State v. Parker, 932 S.W.2d 945 (Tenn. Crim. App. 1996) (lists factors trial courts should consider for judicial diversion)
State v. Electroplating, Inc., 990 S.W.2d 211 (Tenn. Crim. App. 1998) (requires trial courts to place diversion rulings and reasoning on the record)
State v. Caudle, 388 S.W.3d 273 (Tenn. 2012) (Bise standard extends to probation and alternative sentence review)