He argues that the trial court improperly denied his motion for judicial diversion. We affirm his sentence of five years on probation. Paul G. Whetstone, Morristown, Tennessee, for the appellant, Robert Eugene Finchum, Jr. Paul G. Summers, Attorney General and Reporter, Patricia C. Kussman, Assistant Attorney General, C. Berkeley Bell, Jr., District Attorney General, and John Douglas Godbee, Assistant District Attorney General, for the appellee, State of Tennessee. Defendant Robert Eugene Finchum, Jr., pled guilty to one count of simple possession of LSD, one count of simple possession of marijuana, one count of possession of untaxed whiskey, and one count of possession of drug paraphernalia. Following a hearing, the trial court denied Defendant's request for probation.
Defendant contends that the trial court erred when it failed to impose an alternative sentence.
The judgment of the trial court is affirmed. Lloyd A. Levitt, Chattanooga, Tennessee, attorney for appellant, Richard Korsakov. The defendant, Richard Korsakov, appeals his conviction for driving under the influence of an intoxicant, third offense. Because we hold that the results of the breath test are inadmissible, we reverse the judgment of conviction and remand the case to the trial court for further proceedings consistent with this opinion. Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.