Court of Criminal Appeals of Tennessee, Knoxville
Session February 27, 2018
from the Criminal Court for Knox County No. 109864 Steven W.
Defendant, Derek Cullen Lee, appeals from the Knox County
Criminal Court's denial of his request for judicial
diversion. The Defendant contends (1) that the trial court
"did not sufficiently weigh all the [required] factors .
. . in deciding suitability for diversion"; and (2) that
the trial court's decision to deny his request for
judicial diversion was based on the offense that he was
convicted of rather than the applicable factors. Discerning
no error, we affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
A. Bosch (at sentencing hearing) and Douglas A. Trant (on
appeal), Knoxville, Tennessee, for the appellant, Derek
Herbert H. Slatery III, Attorney General and Reporter; M.
Todd Ridley, Assistant Attorney General; Charme P. Allen,
District Attorney General; and Randall Jay Kilby, Assistant
District Attorney General, for the appellee, State of
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Robert H. Montgomery, Jr.,
KELLY THOMAS, JR., JUDGE
Defendant was indicted on February 1, 2017, on two counts of
aggravated assault, four counts of reckless endangerment, one
count of attempted aggravated burglary, and one count of
vandalism. On March 24, 2017, the Defendant entered into a
plea agreement with the State. The Defendant agreed to plead
guilty to one count of reckless endangerment by discharging a
firearm into an occupied habitation, a Class C felony, in
exchange for dismissal of the seven other charges.
See Tenn. Code Ann. § 39-13-103. The Defendant
and the State also agreed upon a three-year sentence to be
served on supervised probation. The sole issue remaining for
the trial court was whether the Defendant would be granted
transcript of the Defendant's guilty plea submission
hearing was not included in the appellate record. According
to the Defendant's presentence report, the factual bases
for the Defendant's guilty plea was that on the evening
of July 5, 2016, deputies from the Knox County Sheriff's
Office "were dispatched to shots fired from" the
Defendant's residence. The presentence report described
what happened next as follows:
The Defendant opened his front door and began screaming at
[the] officers. [The] [o]fficers approached the Defendant,
who pulled a gun out in a shooting position and pointed it at
the officers. [The] [o]fficers fired several shots and
retreated to cover. At some point during the incident, the
Defendant fired a weapon at [his neighbor's] residence .
. . while they were inside. The round from the weapon went
through a window and into a sofa.
presentence reported also contained the Defendant's
statement regarding the incident. The Defendant described the
incident as follows:
I was involved in a verbal altercation with my neighbors, who
called the police. The police came to my door cursing at me.
I did not know who was at my door. I answered the door with
my personal handgun at my side. Once I opened the door, I
realized it was the police. Upon realizing this, I closed my
front door. After I shut my door, the police fired four
rounds into my front door directed at me. Thankfully, they
did not hit me. ...