Tennessee Code Annotated
Tenn. Code Ann. § 40-20-107 (2026)
Verdict and sentence on felony conviction
✓ current as of May 2026
- (a) Whenever any person over eighteen (18) years of age is convicted of any felony or other crime punishable by imprisonment in the penitentiary, with the punishment for the offense within minimum and maximum terms provided for by law, the jury, in addition to finding the defendant guilty, shall fix the minimum and maximum term of the convicted defendant; provided, that the minimum sentence so fixed shall not be increased to exceed more than twice the minimum sentence as provided by law or the minimum sentence provided by law plus one half (½) the difference between the minimum and maximum sentence as provided by law, whichever is less. Its form of verdict shall be: "We find the defendant guilty as charged in the indictment" or "We find the defendant guilty of ____________________ (whatever may be the offense charged), and fix punishment at imprisonment in the penitentiary for not less than ____________________ years nor more than ____________________ years," and the court imposing judgment upon the verdict shall not fix a definite term of imprisonment, but shall sentence the person to the penitentiary for a period of not less than nor more than the term fixed by the jury, making allowance for good time as now provided by law.
- (b) This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, kidnapping for ransom, or any Class X felony. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence.
Acts 1913, ch. 8, § 1; Shan., § 7202a1; Acts 1923, ch. 52, § 1; Code 1932, § 11766; Acts 1973, ch. 163, §§ 1, 2; 1974, ch. 768, § 1; 1979, ch. 318, § 15; T.C.A. (orig. ed.), § 40-2707.
Notes of Decisions
Cited in 10
cases, 1984–2013 · leading case: State v. Mays, 677 S.W.2d 476 (Tenn. Crim. App. 1984).
State v. Mays, 677 S.W.2d 476 (Tenn. Crim. App. 1984). “TCA § 40-20-107(a). It is clear that the jury in fixing the minimum at four years in each case was not prejudiced by the erroneous instruction by the trial judge.”
State v. Hamlin, 499 A.2d 45 (Vt. 1985). “57, § 353 (West 1969); Tenn. Code Ann. § 40-20-107 (1982); Tex. Stat.”
State v. Garrard, 693 S.W.2d 921 (Tenn. Crim. App. 1985). “§ 40-2707 (T.C.A. § 40-20-107), as the statute existed at that time.”
Carroll v. Raney, 953 S.W.2d 657 (Tenn. 1997). “When a defendant was convicted of a felony, the jury was to impose a minimum and maximum term for the offense, i.”
Jack Layne Benson v. State of Tennessee (Tenn. Crim. App. 2013). “Although Tennessee has established a statutory right to post-conviction counsel, Tenn. Code Ann. § 40-20-107 (b)(1) (2013), Tennessee courts have long held that there is no right to effective assistance of post-conviction counsel.”
Milburn L. Edwards v. Cherry Lindamood, Warden (Tenn. Crim. App. 2010). “Tennessee Code Annotated section 40-20-107 “is the old jury sentencing statute which discusses the jury’s role in setting sentences for crimes committed prior to 1982.”
Ronald C. Howse v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2007). “(a) If a person be sentenced for two (2) or more such separate offenses, sentence shall be pronounced for each offense, and imprisonment thereunder may equal, but shall not exceed, the total of the maximum terms provided by law for such offenses, which total shall, for the…”
Marvin Anthony Matthews v. State of Tennessee (Tenn. Crim. App. 2007). “§ 40-20-101 and § 40-20-107, and was entered on the minutes.”
Marvin Anthony Matthews v. David Mills, Warden (Tenn. Crim. App. 2005). “§ 40-20-101 and § 40-20-107, and was entered on the minutes, that the Mittimus Writ of Confinement was valid on its face, and that the petitioner was properly adjudged guilty and sentenced.”
Marvin Anthony Matthews, pro se v. State of Tennessee (Tenn. Crim. App. 2004). “A panel of this Court affirmed the lower court’s denial of habeas corpus relief, finding that the statute relied upon Petitioner, Tennessee Code Annotated § 40-20-107, is inapplicable to his case.”
— Tenn. Code Ann. § 40-20-107(a) — 1 case
State v. Mays, 677 S.W.2d 476 (Tenn. Crim. App. 1984). “TCA § 40-20-107(a). It is clear that the jury in fixing the minimum at four years in each case was not prejudiced by the erroneous instruction by the trial judge.”
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