Tennessee Code Annotated
Tenn. Code Ann. § 40-35-109 (2026)
Especially mitigated offender
✓ current as of May 2026
- (a) The court may find the defendant is an especially mitigated offender, if:
- (1) The defendant has no prior felony convictions; and
- (2) The court finds mitigating, but no enhancement factors.
- (b) If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%).
- (c) If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect.
- (d) The finding that a defendant is or is not an especially mitigated offender is appealable by either party.
Acts 1989, ch. 591, § 6.
Notes of Decisions
Cited in 141
cases (5 in the last 5 years), 1983–2025 · leading case: State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012).
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “§ 40-35-109. 18 . See id. § 40-35-114. 19 .”
State v. Harris, 844 S.W.2d 601 (Tenn. 1992). “See T.C.A. § 40-35-109 (1982). A Range II sentence, with a minimum of 20 years and a maximum of 35 years, was reserved for "especially aggravated" offenses and for "persistent" offenders only.”
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). “” Tenn.Code Ann. § 40-35-109(b). 5 . Under Tennessee Code Annotated section § 40 — 35—501 (i)(l) and (i)(2)(H) (2003), an individual who is convicted of aggravated sexual battery is required to serve one hundred percent of the sentence.”
David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011). “See Tenn.Code Ann. §§ 40-35-109, -105, -106, -107, -108.”
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “” Tenn.Code Ann. § 40-35-109(b) (1982). As to counts one through eight and count ten, the trial court imposed the maximum possible sentence: Count Range of Sentence Sentence 1 (burglary in first degree) 10 to 15 years 15 years 2 (rape) 13 years 20 years 3 (rape) 13 years 20…”
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “T.C.A. §§ 40-35-109(a), (d)(1). In assessing the specific term of the sentence to be imposed, we consider the factors found in T.”
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The range would be even greater if a sentence of a number of years greater than 60 were imposed, and by its terms § 40-35-109 does not prohibit such a sentence.”
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “§ 40-35-109. The other alternative allows the defendant and the State to negotiate a plea bargain that includes a range classification.”
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 40-35-109(a) (1990 Repl.”
State v. Carico, 968 S.W.2d 280 (Tenn. 1998). “Tenn.Code Ann. § 40-35-109(a) (1982). Pursuant to TenmCode Ann.”
State v. Stephenson, 752 S.W.2d 80 (Tenn. 1988). “" A related statute, T.C.A. § 40-35-109(f), requires that "written *81 notice shall be given prior to trial on guilt as provided in § 40-35-202(a).”
State v. Cook, 816 S.W.2d 322 (Tenn. 1991). “Section 40-35-109(c) (1988 Supp.), and remanded for resentencing.”
— Tenn. Code Ann. § 40-35-109(a) — 35 cases
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “§ 40-35-109. 18 . See id. § 40-35-114. 19 .”
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “T.C.A. §§ 40-35-109(a), (d)(1). In assessing the specific term of the sentence to be imposed, we consider the factors found in T.”
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 40-35-109(a) (1990 Repl.”
State v. Braden, 867 S.W.2d 750 (Tenn. Crim. App. 1993).
State v. McPherson, 882 S.W.2d 365 (Tenn. Crim. App. 1994).
— Tenn. Code Ann. § 40-35-109(a)(1) — 3 cases
State of Tennessee v. Kimberly J. Hill (Tenn. Crim. App. 2020).
State of Tennessee v. Stephen Anthony Scott (Tenn. Crim. App. 2013).
State of Tennessee v. Lisa Ann Avery (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-35-109(a)(l) — 1 case
State v. Blackstock, 19 S.W.3d 200 (Tenn. 2000).
— Tenn. Code Ann. § 40-35-109(b) — 16 cases
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). “” Tenn.Code Ann. § 40-35-109(b). 5 . Under Tennessee Code Annotated section § 40 — 35—501 (i)(l) and (i)(2)(H) (2003), an individual who is convicted of aggravated sexual battery is required to serve one hundred percent of the sentence.”
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “” Tenn.Code Ann. § 40-35-109(b) (1982). As to counts one through eight and count ten, the trial court imposed the maximum possible sentence: Count Range of Sentence Sentence 1 (burglary in first degree) 10 to 15 years 15 years 2 (rape) 13 years 20 years 3 (rape) 13 years 20…”
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987).
State v. Blackstock, 19 S.W.3d 200 (Tenn. 2000).
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The range would be even greater if a sentence of a number of years greater than 60 were imposed, and by its terms § 40-35-109 does not prohibit such a sentence.”
— Tenn. Code Ann. § 40-35-109(c) — 9 cases
State v. Harris, 844 S.W.2d 601 (Tenn. 1992). “See T.C.A. § 40-35-109 (1982). A Range II sentence, with a minimum of 20 years and a maximum of 35 years, was reserved for "especially aggravated" offenses and for "persistent" offenders only.”
State v. Cook, 816 S.W.2d 322 (Tenn. 1991). “Section 40-35-109(c) (1988 Supp.), and remanded for resentencing.”
State v. Pender, 687 S.W.2d 714 (Tenn. Crim. App. 1984).
State v. Jackson, 697 S.W.2d 366 (Tenn. Crim. App. 1985).
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The range would be even greater if a sentence of a number of years greater than 60 were imposed, and by its terms § 40-35-109 does not prohibit such a sentence.”
— Tenn. Code Ann. § 40-35-109(d) — 2 cases
State v. Carico, 968 S.W.2d 280 (Tenn. 1998). “Tenn.Code Ann. § 40-35-109(a) (1982). Pursuant to TenmCode Ann.”
State of Tennessee v. Thomas Fancher Greenwood (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 40-35-109(d)(1) — 6 cases
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The range would be even greater if a sentence of a number of years greater than 60 were imposed, and by its terms § 40-35-109 does not prohibit such a sentence.”
Sowell v. State, 724 S.W.2d 374 (Tenn. Crim. App. 1986).
State of Tennessee v. Fred E. Smith, Jr. (Tenn. Crim. App. 2018).
Darwin Theus v. David Mills, Warden (Tenn. Crim. App. 2006).
Leroy Williams v. State of Tennessee (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 40-35-109(d)(l) — 4 cases
State v. Butler, 900 S.W.2d 305 (Tenn. Crim. App. 1994).
State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). “The range would be even greater if a sentence of a number of years greater than 60 were imposed, and by its terms § 40-35-109 does not prohibit such a sentence.”
State v. Long, 694 S.W.2d 337 (Tenn. Crim. App. 1985).
State v. Harvey, 700 S.W.2d 571 (Tenn. Crim. App. 1985).
— Tenn. Code Ann. § 40-35-109(e) — 1 case
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “” Tenn.Code Ann. § 40-35-109(b) (1982). As to counts one through eight and count ten, the trial court imposed the maximum possible sentence: Count Range of Sentence Sentence 1 (burglary in first degree) 10 to 15 years 15 years 2 (rape) 13 years 20 years 3 (rape) 13 years 20…”
— Tenn. Code Ann. § 40-35-109(f) — 3 cases
State v. Stephenson, 752 S.W.2d 80 (Tenn. 1988). “" A related statute, T.C.A. § 40-35-109(f), requires that "written *81 notice shall be given prior to trial on guilt as provided in § 40-35-202(a).”
State v. Davis, 757 S.W.2d 11 (Tenn. Crim. App. 1987).
State v. Flynn, 675 S.W.2d 494 (Tenn. Crim. App. 1984).
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treatment. Dots show Syfertize treatment of the citing case itself.