Tennessee Code Annotated
Tenn. Code Ann. § 40-35-107 (2026)
Persistent offender
✓ current as of May 2026
- (a) A persistent offender is a defendant who has received:
- (1) Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or
- (2) At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony.
- (b) In determining the number of prior convictions a defendant has received:
- (1) Prior conviction means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;
- (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included;
- (3)
- (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court;
- (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134, or similar statutes of other states or jurisdictions;
- (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003, convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and
- (5) Prior convictions includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
- (c) A defendant who is found by the court beyond a reasonable doubt to be a persistent offender shall receive a sentence within Range III.
- (d) The finding that a defendant is or is not a persistent offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 11, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 3; 2009 , ch. 603, § 2; 2010 , ch. 861, § 2.
Notes of Decisions
Cited in 202
cases (13 in the last 5 years), 1983–2026 · leading case: Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008).
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). “Tenn. Code Ann. § 40-35-107 (a), (c). No statute authorizes the imposition of such a sentence based upon only four prior convictions, and/or otherwise grants a trial court the discretion to do so.”
State v. Harris, 844 S.W.2d 601 (Tenn. 1992). “Three years later, as part of a legislative package aimed at preventing child sexual abuse, the General Assembly amended what was then T.C.A. § 40-35-107 to mandate Range II sentences for offenses "involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of…”
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “The appellant committed extremely aggravated offenses within the meaning of T.C.A. § 40-35-107; and the imposition of Range II sentences is appropriate.”
State of Tennessee v. Jonathan David Patterson, 564 S.W.3d 423 (Tenn. 2018). “See Tenn. Code Ann. § 40-35-107 (a)(1) (2014) (stating that a defendant with "[a]ny combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable" is classified as a Persistent…”
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “See Tenn.Code Ann. § 40-35-107(a), (c) (2006).”
Wallen v. State, 863 S.W.2d 34 (Tenn. 1993). “Moreover, the fact that Wallen committed the armed robberies while on parole on the forgery convictions was used to justify sentencing him as an especially aggravated offender, under T.C.A. § 40-35-107(3) (1984 Supp.). As a result, Wallen received a Range II sentence of 40 years…”
State v. Sisk, 343 S.W.3d 60 (Tenn. 2011). “Sisk, 2010 WL 3502512 , at *10 (citing Tenn.Code Ann. § 40-35-107(a) (2003 & Supp.”
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988). “But if the offense is found to be an “especially aggravated” one, Range II punishment (between thirty-three years and life) is mandated by Tenn.Code Ann. § 40-35-107. An offense may be classified as an “especially aggravated offense” if during its commission the defendant…”
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The prosecution further argued that Pride was an aggravated offender under T.C.A. § 40-35-107 because both the current offense and the prior offenses involved bodily injury to the victims.”
State v. Reed, 689 S.W.2d 190 (Tenn. Crim. App. 1984). “Under the 1983 and 1984 amendments to T.C.A. § 40-35-107, the trial court would have been authorized to impose Range II sentences because the enumerated factors used to find that the defendant committed especially aggravated offenses were not alleged as statutory elements in the…”
State v. Scott, 735 S.W.2d 825 (Tenn. Crim. App. 1987). “While T.C.A. § 40-35-107 (1986 Supp.) now makes the offense of aggravated rape per se an “especially aggravated offense” for purposes of punishment, see T.”
State v. Far, 51 S.W.3d 222 (Tenn. Crim. App. 2001). “As this Court noted in that case, In order to have [the Defendant] found to be a ‘persistent offender’ pursuant to Tennessee Code Annotated section 40-35-107, the State must show that he has a combination of ‘five (5) or more prior felony convictions within the conviction class…”
— Tenn. Code Ann. § 40-35-107(1) — 4 cases
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The prosecution further argued that Pride was an aggravated offender under T.C.A. § 40-35-107 because both the current offense and the prior offenses involved bodily injury to the victims.”
State v. Russell, 800 S.W.2d 169 (Tenn. 1990).
State v. Short, 698 S.W.2d 81 (Tenn. Crim. App. 1985).
Thomas M. Powell v. Glen Turner, Warden (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 40-35-107(10) — 1 case
State v. Russell, 800 S.W.2d 169 (Tenn. 1990).
— Tenn. Code Ann. § 40-35-107(2) — 9 cases
State v. Hammons, 737 S.W.2d 549 (Tenn. Crim. App. 1987).
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988). “But if the offense is found to be an “especially aggravated” one, Range II punishment (between thirty-three years and life) is mandated by Tenn.Code Ann. § 40-35-107. An offense may be classified as an “especially aggravated offense” if during its commission the defendant…”
State v. Reed, 689 S.W.2d 190 (Tenn. Crim. App. 1984). “Under the 1983 and 1984 amendments to T.C.A. § 40-35-107, the trial court would have been authorized to impose Range II sentences because the enumerated factors used to find that the defendant committed especially aggravated offenses were not alleged as statutory elements in the…”
State v. Harris, 978 S.W.2d 109 (Tenn. 1997).
Sills v. State, 884 S.W.2d 139 (Tenn. Crim. App. 1994).
— Tenn. Code Ann. § 40-35-107(3) — 3 cases
Wallen v. State, 863 S.W.2d 34 (Tenn. 1993). “Moreover, the fact that Wallen committed the armed robberies while on parole on the forgery convictions was used to justify sentencing him as an especially aggravated offender, under T.C.A. § 40-35-107(3) (1984 Supp.). As a result, Wallen received a Range II sentence of 40 years…”
State v. Perkins, 699 P.2d 364 (Ariz. 1985).
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The prosecution further argued that Pride was an aggravated offender under T.C.A. § 40-35-107 because both the current offense and the prior offenses involved bodily injury to the victims.”
— Tenn. Code Ann. § 40-35-107(3)(A) — 5 cases
Wallen v. State, 863 S.W.2d 34 (Tenn. 1993). “Moreover, the fact that Wallen committed the armed robberies while on parole on the forgery convictions was used to justify sentencing him as an especially aggravated offender, under T.C.A. § 40-35-107(3) (1984 Supp.). As a result, Wallen received a Range II sentence of 40 years…”
State v. Baker, 751 S.W.2d 154 (Tenn. Crim. App. 1987).
State v. Peck, 719 S.W.2d 553 (Tenn. Crim. App. 1986).
State v. Reid, 751 S.W.2d 172 (Tenn. Crim. App. 1988).
State v. Greer, 697 S.W.2d 603 (Tenn. Crim. App. 1985).
— Tenn. Code Ann. § 40-35-107(3)(B) — 9 cases
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “The appellant committed extremely aggravated offenses within the meaning of T.C.A. § 40-35-107; and the imposition of Range II sentences is appropriate.”
Rhoden v. State, 816 S.W.2d 56 (Tenn. Crim. App. 1991).
State v. Draper, 800 S.W.2d 489 (Tenn. Crim. App. 1990).
State v. Baker, 751 S.W.2d 154 (Tenn. Crim. App. 1987).
State v. Jackson, 697 S.W.2d 366 (Tenn. Crim. App. 1985).
— Tenn. Code Ann. § 40-35-107(3)(C) — 6 cases
State v. Locke, 771 S.W.2d 132 (Tenn. Crim. App. 1989).
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987).
State v. Wagner, 753 S.W.2d 145 (Tenn. Crim. App. 1988).
State v. Crocker, 697 S.W.2d 362 (Tenn. Crim. App. 1985).
State v. Harvey, 700 S.W.2d 571 (Tenn. Crim. App. 1985).
— Tenn. Code Ann. § 40-35-107(3)(b) — 2 cases
Hicks v. State, 945 S.W.2d 706 (Tenn. 1997).
State v. Watkins, 804 S.W.2d 884 (Tenn. 1991).
— Tenn. Code Ann. § 40-35-107(4) — 4 cases
State v. Short, 698 S.W.2d 81 (Tenn. Crim. App. 1985).
State v. Curtis, 743 S.W.2d 195 (Tenn. Crim. App. 1987).
State of Tennessee v. Jeremy Brian Poe (Tenn. Crim. App. 2026).
State v. James R. Horn, Sr. (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 40-35-107(5) — 4 cases
State v. Harris, 844 S.W.2d 601 (Tenn. 1992). “Three years later, as part of a legislative package aimed at preventing child sexual abuse, the General Assembly amended what was then T.C.A. § 40-35-107 to mandate Range II sentences for offenses "involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of…”
State v. Scott, 735 S.W.2d 825 (Tenn. Crim. App. 1987). “While T.C.A. § 40-35-107 (1986 Supp.) now makes the offense of aggravated rape per se an “especially aggravated offense” for purposes of punishment, see T.”
State v. Russell, 800 S.W.2d 169 (Tenn. 1990).
State v. Morris, 750 S.W.2d 746 (Tenn. Crim. App. 1987).
— Tenn. Code Ann. § 40-35-107(5)(B) — 1 case
State v. James Harris (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-107(6) — 1 case
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The prosecution further argued that Pride was an aggravated offender under T.C.A. § 40-35-107 because both the current offense and the prior offenses involved bodily injury to the victims.”
— Tenn. Code Ann. § 40-35-107(6)(A) — 6 cases
State v. Reed, 689 S.W.2d 190 (Tenn. Crim. App. 1984). “Under the 1983 and 1984 amendments to T.C.A. § 40-35-107, the trial court would have been authorized to impose Range II sentences because the enumerated factors used to find that the defendant committed especially aggravated offenses were not alleged as statutory elements in the…”
State v. Jackson, 697 S.W.2d 366 (Tenn. Crim. App. 1985).
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988). “But if the offense is found to be an “especially aggravated” one, Range II punishment (between thirty-three years and life) is mandated by Tenn.Code Ann. § 40-35-107. An offense may be classified as an “especially aggravated offense” if during its commission the defendant…”
State v. Short, 698 S.W.2d 81 (Tenn. Crim. App. 1985).
State v. Davis, 757 S.W.2d 11 (Tenn. Crim. App. 1987).
— Tenn. Code Ann. § 40-35-107(6)(B) — 3 cases
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988). “But if the offense is found to be an “especially aggravated” one, Range II punishment (between thirty-three years and life) is mandated by Tenn.Code Ann. § 40-35-107. An offense may be classified as an “especially aggravated offense” if during its commission the defendant…”
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The prosecution further argued that Pride was an aggravated offender under T.C.A. § 40-35-107 because both the current offense and the prior offenses involved bodily injury to the victims.”
Thomas M. Powell v. Glen Turner, Warden (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 40-35-107(7) — 7 cases
State v. Wagner, 753 S.W.2d 145 (Tenn. Crim. App. 1988).
State v. Keels, 753 S.W.2d 140 (Tenn. Crim. App. 1988).
State v. Harris, 978 S.W.2d 109 (Tenn. 1997).
State v. Short, 698 S.W.2d 81 (Tenn. Crim. App. 1985).
Earl D. Crawford v. State of Tennessee (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 40-35-107(7)(A) — 3 cases
State v. Hammons, 737 S.W.2d 549 (Tenn. Crim. App. 1987).
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988). “But if the offense is found to be an “especially aggravated” one, Range II punishment (between thirty-three years and life) is mandated by Tenn.Code Ann. § 40-35-107. An offense may be classified as an “especially aggravated offense” if during its commission the defendant…”
State of Tennessee v. Michael Lindsey (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-35-107(8) — 4 cases
State v. Buttrey, 756 S.W.2d 718 (Tenn. Crim. App. 1988).
State v. Bennett, 798 S.W.2d 783 (Tenn. Crim. App. 1990).
State v. Watkins, 804 S.W.2d 884 (Tenn. 1991).
State v. Reid, 751 S.W.2d 172 (Tenn. Crim. App. 1988).
— Tenn. Code Ann. § 40-35-107(9) — 1 case
State v. Morris, 750 S.W.2d 746 (Tenn. Crim. App. 1987).
— Tenn. Code Ann. § 40-35-107(a) — 14 cases
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “See Tenn.Code Ann. § 40-35-107(a), (c) (2006).”
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). “Tenn. Code Ann. § 40-35-107 (a), (c). No statute authorizes the imposition of such a sentence based upon only four prior convictions, and/or otherwise grants a trial court the discretion to do so.”
State v. Sisk, 343 S.W.3d 60 (Tenn. 2011). “Sisk, 2010 WL 3502512 , at *10 (citing Tenn.Code Ann. § 40-35-107(a) (2003 & Supp.”
Bland v. Dukes, 97 S.W.3d 133 (Tenn. Crim. App. 2002).
State of Tennessee v. Daniel Leon Lee (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-107(a)(1) — 27 cases
State of Tennessee v. David Roger Petty (Tenn. Crim. App. 2017).
State of Tennessee v. Devon O'Neal Wiggins (Tenn. Crim. App. 2011).
State of Tennessee v. Terence Dewayne Borum, aka \Measle\"" (Tenn. Crim. App. 2014).
State of Tennessee v. Willie Lee Hughes, Jr. (Tenn. Crim. App. 2016).
State of Tennessee v. Paul William Purvis (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 40-35-107(a)(2) — 4 cases
State of Tennessee v. William Gossett (Tenn. Crim. App. 2021).
Ronnie Bradfield v. Tony Parker, Warden (Tenn. Crim. App. 2009).
State of Tennessee v. Thomas D. Stanton (Tenn. Crim. App. 2005).
State of Tennessee v. Anthony Murff, aka Antony Muff (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 40-35-107(a)(4) — 2 cases
State of Tennessee v. David Roger Petty (Tenn. Crim. App. 2017).
State of Tennessee v. Leston Parker (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-35-107(a)(l) — 3 cases
State v. Franklin, 308 S.W.3d 799 (Tenn. 2010).
State v. Far, 51 S.W.3d 222 (Tenn. Crim. App. 2001). “As this Court noted in that case, In order to have [the Defendant] found to be a ‘persistent offender’ pursuant to Tennessee Code Annotated section 40-35-107, the State must show that he has a combination of ‘five (5) or more prior felony convictions within the conviction class…”
State of Tennessee v. Rodregus Carter (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 40-35-107(b) — 2 cases
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). “Tenn. Code Ann. § 40-35-107 (a), (c). No statute authorizes the imposition of such a sentence based upon only four prior convictions, and/or otherwise grants a trial court the discretion to do so.”
State of Tennessee v. Jeremy Brian Poe (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 40-35-107(b)(1) — 8 cases
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). “Tenn. Code Ann. § 40-35-107 (a), (c). No statute authorizes the imposition of such a sentence based upon only four prior convictions, and/or otherwise grants a trial court the discretion to do so.”
State of Tennessee v. Keanest D. Whitson (Tenn. Crim. App. 2011).
State of Tennessee v. Bobby Lee Allen Robinette (Tenn. Crim. App. 2015).
State of Tennessee v. Ronald Lee Freels, Jr. (Tenn. Crim. App. 2018).
State of Tennessee v. Marterious O'Neal (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 40-35-107(b)(3) — 2 cases
State v. Far, 51 S.W.3d 222 (Tenn. Crim. App. 2001). “As this Court noted in that case, In order to have [the Defendant] found to be a ‘persistent offender’ pursuant to Tennessee Code Annotated section 40-35-107, the State must show that he has a combination of ‘five (5) or more prior felony convictions within the conviction class…”
State v. Richard M. Far, Jr. (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 40-35-107(b)(4) — 19 cases
State v. McKnight, 900 S.W.2d 36 (Tenn. Crim. App. 1994).
State of Tennessee v. Todd Samuel Adcock (Tenn. Crim. App. 2019).
Joseph Lamont Johnson, Jr. v. State of Tennessee (Tenn. Crim. App. 2014).
State of Tennessee v. Jo C. Borden (Tenn. Crim. App. 2022).
State of Tennessee v. Brittany Linda Lou Davis (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 40-35-107(b)(5) — 5 cases
State v. Far, 51 S.W.3d 222 (Tenn. Crim. App. 2001). “As this Court noted in that case, In order to have [the Defendant] found to be a ‘persistent offender’ pursuant to Tennessee Code Annotated section 40-35-107, the State must show that he has a combination of ‘five (5) or more prior felony convictions within the conviction class…”
State of Tennessee v. Darius Henderson (Tenn. Crim. App. 2022).
State v. Richard M. Far, Jr. (Tenn. Crim. App. 2000).
State of Tennessee v. Anthony Murff, aka Antony Muff (Tenn. Crim. App. 2002).
State of Tennessee v. Eddie Erwin (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-35-107(b)(l) — 1 case
State v. Blouvett, 904 S.W.2d 111 (Tenn. 1995).
— Tenn. Code Ann. § 40-35-107(c) — 10 cases
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). “Tenn. Code Ann. § 40-35-107 (a), (c). No statute authorizes the imposition of such a sentence based upon only four prior convictions, and/or otherwise grants a trial court the discretion to do so.”
State v. Far, 51 S.W.3d 222 (Tenn. Crim. App. 2001). “As this Court noted in that case, In order to have [the Defendant] found to be a ‘persistent offender’ pursuant to Tennessee Code Annotated section 40-35-107, the State must show that he has a combination of ‘five (5) or more prior felony convictions within the conviction class…”
State of Tennessee v. Richard Earnest Williams (Tenn. Crim. App. 2019).
State of Tennessee v. Jeffrey Martin (Tenn. Crim. App. 2012).
State of Tennessee v. Darius Henderson (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 40-35-107(d) — 1 case
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). “Tenn. Code Ann. § 40-35-107 (a), (c). No statute authorizes the imposition of such a sentence based upon only four prior convictions, and/or otherwise grants a trial court the discretion to do so.”
— Tenn. Code Ann. § 40-35-107(e)(1990) — 1 case
State v. King, 973 S.W.2d 586 (Tenn. 1998).
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