State of Tennessee v. Triston Robert Milke, E2024-00519-CCA-R3-CD

Triston Robert Milke pleaded guilty to aggravated assault, a Class C felony, and was granted judicial diversion with a three-year probationary period.
The underlying offense involved a domestic incident in which Milke, intoxicated, assaulted and choked the victim.
The day after receiving diversion, Milke was arrested for committing another domestic assault against the same victim, violating probation and an order of protection.
The trial court revoked Milke’s diversion, entered a judgment of conviction, and imposed a three-year sentence to be served in confinement.
On appeal, Milke argued both that revocation and the order of confinement were improper, but critical hearing transcripts were missing from the appellate record.

Issue	Milke's Argument	State's Argument	Held
Revocation of judicial diversion	Revocation was improper	Review waived due to incomplete record	Revocation affirmed
Confinement versus alternative sentence	Confinement unnecessary, probation suitable	Confinement needed; prior alternatives unsuccessful	Confinement affirmed

State v. Bunch, 646 S.W.2d 158 (Tenn. 1983) (defendant bears burden to prepare a complete record for appellate review)
State v. Miller, 737 S.W.2d 556 (Tenn. Crim. App. 1987) (incomplete record requires presumption of correctness in trial court ruling)
State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (sentencing decisions must consider the nature of the offense and totality of circumstances)
State v. Trotter, 201 S.W.3d 651 (Tenn. 2006) (sets standards for when confinement is appropriate over alternative sentencing)
State v. Dycus, 456 S.W.3d 918 (Tenn. 2015) (trial court must identify specific sentencing factors considered)