Appellate panel weighs whether trial court adequately explained denial of judicial diversion

An appellate panel heard oral argument on an appeal by Aaron Kogiter challenging the trial court's denial of judicial diversion after his guilty plea to an aggravated statutory **** charge, defense attorney David Kemp told the court.

Kemp told the court the sentencing transcript shows the trial court's entire ruling on diversion was a seven-word statement: "I don't think diversion will be appropriate." He argued the trial court failed to explicitly weigh the applicable Parker and electroplating factors required for appellate review and asked the panel either to reverse and remand for further findings or to conduct a de novo review.

The question matters because judicial diversion would defer judgment and could limit the conviction's collateral consequences; the…