Tennessee Code Annotated
Tenn. Code Ann. § 40-35-108 (2026)
Career offender
✓ current as of May 2026
- (a) A career offender is a defendant who has received:
- (1) Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant's conviction offense is a Class A, B or C felony;
- (2) At least three (3) Class A or any combination of four (4) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony; or
- (3) At least six (6) prior felony convictions of any classification if the defendant's conviction offense is a Class D or E 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 career offender shall receive the maximum sentence within the applicable Range III.
- (d) The finding that a defendant is or is not a career offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 12, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 4; 2009 , ch. 603, § 3; 2010 , ch. 861, § 3.
Notes of Decisions
Cited in 201
cases (14 in the last 5 years), 1983–2026 · leading case: Benson v. State, 153 S.W.3d 27 (Tenn. 2005).
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). “NOTES [1] See Tenn.Code Ann. § 40-35-108 (2003). [2] Tenn.”
State of Tennessee v. Jimmy Williams, 558 S.W.3d 633 (Tenn. 2018). “Tenn. Code Ann. § 40-35-108 (2014). The defendant argues that he did not receive the requisite statutory notice that the State intended to seek enhanced sentencing and that therefore, the trial court should have sentenced him as a standard, Range I offender.”
State v. Wright, 836 S.W.2d 130 (Tenn. Crim. App. 1992). “First, appellant argues that since petit larceny is no longer a felony then it is not a prior felony conviction as intended by *136 T.C.A. § 40-35-108. As the law existed when appellant was convicted of petit larceny, the larceny of any property valued at under $200.”
State of Tennessee v. Jonathan David Patterson, 564 S.W.3d 423 (Tenn. 2018). “See Tenn. Code Ann. § 40-35-108 (a)(3) (2014) ("A career offender is a defendant who has received .”
State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987). “See T.C.A. § 40-35-108. The defendant applied for sentencing pursuant to the Tennessee Community Cor *920 rections Act of 1985.”
State v. Walker, 29 S.W.3d 885 (Tenn. Crim. App. 1999). “He argues that the trial court should have treated his prior convictions for aggravated assault and sale of cocaine as a single conviction under Tenn. Code Ann. § 40-35-108 (b)(4), which provides as follows: Convictions for multiple felonies committed as part of a single course…”
State v. Blouvet, 965 S.W.2d 489 (Tenn. Crim. App. 1997). “” To support this theory, the State points to T.C.A. § 40-35-108, the career offender statute, where (a)(1) of that statute uses the term “prior felony convictions” while (a)(2) of that statute uses the term “felony convictions.”
State v. Buttrey, 756 S.W.2d 718 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-108, which creates this sentencing classification, states that “[a] defendant may be sentenced as an especially mitigated offender if the criteria herein are met.”
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “Moreover, considering the nature and circumstances of the crime and in the absence of any extreme mitigating factors, Defendant may not be sentenced as an especially mitigated offender under T.C.A. § 40-35-108. Consequently, T.C.A. § 40-35-105 (Supp.”
State v. Anderson, 835 S.W.2d 600 (Tenn. Crim. App. 1992). “See T.C.A. §§ 40-35-108, 40-35-50%) (1990); 40-35-501(f) (1982).”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “§ 40-35-108. 17 . Id. § 40-35-109. 18 . See id.”
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “§ 40-35-108; or an especially mitigated Range I reduced offender, id.”
— Tenn. Code Ann. § 40-35-108(1) — 1 case
State of Tennessee v. Glenn Russell Parvin (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-35-108(3) — 2 cases
State of Tennessee v. Stephen Gerald Smith (Tenn. Crim. App. 2016).
State of Tennessee v. Kenneth Edward Watts (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-108(5) — 2 cases
State v. Nelson, 275 S.W.3d 851 (Tenn. Crim. App. 2008).
State v. Bottoms, 87 S.W.3d 95 (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-35-108(A)(a)(1) — 1 case
Kenneth Gregory Allen v. State of Tennessee (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-35-108(a) — 10 cases
State v. Copenny, 888 S.W.2d 450 (Tenn. Crim. App. 1993).
Tonnie Jelks v. State of Tennessee (Tenn. Crim. App. 2017).
State of Tennessee v. Eddie Readus (Tenn. Crim. App. 2019).
State of Tennessee v. Bobby Lewis Parks (Tenn. Crim. App. 2019).
State of Tennessee v. David Lynn Sisk (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-108(a)(1) — 18 cases
State of Tennessee v. James Ronald Rollins (Tenn. Crim. App. 2016).
Kenneth Gregory Allen v. State of Tennessee (Tenn. Crim. App. 2012).
State of Tennessee v. Joseph Thomas (Tenn. Crim. App. 2016).
Tonnie Jelks v. State of Tennessee (Tenn. Crim. App. 2017).
Anmichael Leonard v. State of Tennessee (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 40-35-108(a)(2) — 2 cases
State of Tennessee v. Stacy Lee Fleming (Tenn. Crim. App. 2011).
State of Tennessee v. Narrell Christopher Pierce (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-35-108(a)(3) — 20 cases
State v. Wright, 836 S.W.2d 130 (Tenn. Crim. App. 1992). “First, appellant argues that since petit larceny is no longer a felony then it is not a prior felony conviction as intended by *136 T.C.A. § 40-35-108. As the law existed when appellant was convicted of petit larceny, the larceny of any property valued at under $200.”
State of Tennessee v. Terence Dewayne Borum, aka \Measle\"" (Tenn. Crim. App. 2014).
State of Tennessee v. Keith Trammell (Tenn. Crim. App. 2016).
John Willie Stone v. State of Tennessee (Tenn. Crim. App. 2017).
Tonnie Jelks v. State of Tennessee (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 40-35-108(a)(4) — 2 cases
State of Tennessee v. Joseph Thomas (Tenn. Crim. App. 2016).
State of Tennessee v. Tyrone Cunningham (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 40-35-108(a)(l) — 1 case
State v. Copenny, 888 S.W.2d 450 (Tenn. Crim. App. 1993).
— Tenn. Code Ann. § 40-35-108(b) — 3 cases
State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987). “See T.C.A. § 40-35-108. The defendant applied for sentencing pursuant to the Tennessee Community Cor *920 rections Act of 1985.”
State v. Rogers, 703 S.W.2d 166 (Tenn. Crim. App. 1985).
Omar Alejandro Garcia v. State of Tennessee (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-35-108(b)(1) — 4 cases
State of Tennessee v. Ryan M. Delaby (Tenn. Crim. App. 2015).
State of Tennessee v. Elliot Arnaz Price (Tenn. Crim. App. 2026).
State of Tennessee v. Frank Lee Tate (Tenn. Crim. App. 2007).
State of Tennessee v. Jeffery W. Alexander (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 40-35-108(b)(2) — 2 cases
State v. Wright, 836 S.W.2d 130 (Tenn. Crim. App. 1992). “First, appellant argues that since petit larceny is no longer a felony then it is not a prior felony conviction as intended by *136 T.C.A. § 40-35-108. As the law existed when appellant was convicted of petit larceny, the larceny of any property valued at under $200.”
State v. LaRue, 700 S.W.2d 574 (Tenn. Crim. App. 1985).
— Tenn. Code Ann. § 40-35-108(b)(3) — 4 cases
State v. Max, 714 S.W.2d 289 (Tenn. Crim. App. 1986).
State v. Buttrey, 756 S.W.2d 718 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-108, which creates this sentencing classification, states that “[a] defendant may be sentenced as an especially mitigated offender if the criteria herein are met.”
State v. Bennett, 798 S.W.2d 783 (Tenn. Crim. App. 1990).
State v. Willis, 735 S.W.2d 818 (Tenn. Crim. App. 1987).
— Tenn. Code Ann. § 40-35-108(b)(3)(A) — 2 cases
State of Tennessee v. Travis Grover Richardson (Tenn. Crim. App. 2014).
State of Tennessee v. Narrell Christopher Pierce (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-35-108(b)(3)(B) — 1 case
United States v. Orona, 724 F.3d 1297 (10th Cir. 2013).
— Tenn. Code Ann. § 40-35-108(b)(4) — 17 cases
State v. Copenny, 888 S.W.2d 450 (Tenn. Crim. App. 1993).
State of Tennessee v. Jerry L. Sandridge (Tenn. Crim. App. 2005).
State of Tennessee v. Frank Lee Tate (Tenn. Crim. App. 2007).
State of Tennessee v. John Marshall Mayes (Tenn. Crim. App. 2006).
State of Tennessee v. Terrance Burke (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 40-35-108(b)(4)(2003) — 1 case
State of Tennessee v. Frank Lee Tate (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 40-35-108(b)(5) — 4 cases
State of Tennessee v. Ralph Byrd Cooper, Jr. (Tenn. Crim. App. 2013).
State of Tennessee v. Rodrigues D. Pruitt (Tenn. Crim. App. 2006).
State of Tennessee v. Donald Peden (Tenn. Crim. App. 2016).
Rollins v. State (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 40-35-108(c) — 41 cases
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). “NOTES [1] See Tenn.Code Ann. § 40-35-108 (2003). [2] Tenn.”
State v. Smith, 48 S.W.3d 159 (Tenn. Crim. App. 2000).
David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011).
State v. Wright, 836 S.W.2d 130 (Tenn. Crim. App. 1992). “First, appellant argues that since petit larceny is no longer a felony then it is not a prior felony conviction as intended by *136 T.C.A. § 40-35-108. As the law existed when appellant was convicted of petit larceny, the larceny of any property valued at under $200.”
State of Tennessee v. Donnie Dewayne Davenport (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-35-108(d) — 3 cases
James Sellars v. State of Tennessee (Tenn. Crim. App. 2014).
State of Tennessee v. Darrell Johnson (Tenn. Crim. App. 2009).
State of Tennessee v. Marcus Moore (Tenn. Crim. App. 2014).
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