Tennessee Court of Criminal Appeals hears challenge to denial of judicial diversion for Mario Albanese

The Tennessee Court of Criminal Appeals heard arguments on an appeal by Mario Albanese on whether a trial court erred in denying him judicial diversion and imposing a nine-year term of supervised probation.

Appellant counsel Catalina Goodwin told the three-judge panel that "this is a mental health case" and argued the trial court committed "legal and factual errors" by giving only lip service to the factors governing judicial diversion, relying on its prosecutorial experience, and denying the defendant meaningful allocution before sentencing. The state, represented by Johnny Saraceno, urged the court to affirm, saying the trial court "discussed each of the Parker" factors and did not abuse its discretion.

The appeal stems from a 2023 plea and sentencing in which Albanese pleaded guilty to three counts of reckless aggravated assault under a plea agreement that included nine years of supervised probation. As announced at sentencing, the probation term includes special conditions that he continue to support his family financially and have no direct or unsupervised contact with either of his children. At the sentencing hearing, counsel and the state addressed an agreed statement of facts that described incidents when the child was approximately 2 years…