State of Tennessee, Petitioner v. Darryl v. Grear, Respondent

Summary

The Tennessee Supreme Court held that the Court of Criminal Appeals erred in reversing the trial court's denial of Darryl Grear's application for suspension of the remainder of his one-year sentence. It announced that an appellate court may find an abuse of discretion in such a denial only where the record contains no substantial evidence supporting the trial court's conclusion that the defendant is not entitled to probation, judged against the statutory and decisional suitability criteria. Because this record — including the defendant's juvenile assault probation immediately preceding the offense and his demonstrated dishonesty — would support either outcome, the denial was not an abuse of discretion. The Court accordingly reversed the intermediate court and affirmed the trial court; no separate writings were issued.