Tennessee Code Annotated
Tenn. Code Ann. § 40-20-104 (2026)
Term fixed by court - By jury
✓ current as of May 2026
- (a) When the offense is punished by imprisonment in the county jail or workhouse, the term of imprisonment shall be fixed by the court, unless otherwise provided; provided, that when any person is indicted or presented in a court of record for the alleged commission of any misdemeanor, and pleads not guilty and is tried by a jury, upon demand of defendant timely made, the trial jury shall as a part of its verdict assess the punishment for the offense both as to fine and imprisonment within the limits now or later prescribed by law.
- (b) When a defendant has timely made a request for a jury trial, the judge shall charge the jury that as a part of its verdict in the case, if it finds the defendant guilty, it shall fix the punishment for the offense within the limits prescribed by law, which limits shall be stated in the charge, and the judge shall not comment on the fact that the defendant has made the request for a jury trial.
Code 1858, § 5229 (deriv. Acts 1829, ch. 23, § 76); Shan., § 7202; mod. Code 1932, § 11765; Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, §§ 11760.1, 11765); Acts 1973, ch. 67, § 1; T.C.A. (orig. ed.), § 40-2704.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1997–2025 · leading case: Walker v. Commonwealth, 486 S.E.2d 126 (Va. Ct. App. 1997).
Walker v. Commonwealth, 486 S.E.2d 126 (Va. Ct. App. 1997). “); Tenn.Code Ann. §§ 40-20-104, 40-20-107 (WESTLAW through 1996 2d Reg.”
Cordarius Maxwell v. State of Tennessee-Dissent (Tenn. Crim. App. 2019). “”1 1 The sections of Tenn. Code Ann. § 40-20-104 applicable here state, (d) The petitioner shall include all claims known to the petitioner for granting post- conviction relief and shall verify under oath that all the claims are included.”
Christopher Alan Hauser, James Michael Usinger & Ronald James Lyons v. State of Tennessee (Tenn. Crim. App. 2025). “However, the statute provides for three situations wherein the statute of limitations on filing a petition may be tolled: 2 Tennessee Code Annotated section 40-20-104(e) requires a petition for post-conviction relief to be “verified under oath.”
State of Tennessee v. Michael J. Fryar (Tenn. Crim. App. 2013). “Code section 40-20-104 provides: A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an…”
Tenn. Code Ann. § 40-20-104(e): 1 case
Christopher Alan Hauser, James Michael Usinger & Ronald James Lyons v. State of Tennessee (Tenn. Crim. App. 2025). “However, the statute provides for three situations wherein the statute of limitations on filing a petition may be tolled: 2 Tennessee Code Annotated section 40-20-104(e) requires a petition for post-conviction relief to be “verified under oath.”
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