Tennessee Code Annotated
Tenn. Code Ann. § 40-35-203 (2026)
Court to impose sentence - Exceptions
✓ current as of May 2026
- (a) Except as provided in subsection (c) and with respect to fines as provided in § 40-35-301, sentences in felony and misdemeanor cases shall be imposed by the court. Upon a verdict or plea of guilty, the court shall set and conduct a sentencing hearing except as provided in subsection (b). Evidence may, but need not, be presented by both the defendant and the district attorney general on any matter relevant to the issue of sentencing. The sentencing hearing may occur immediately after guilt is determined, subject to the rights of the parties to postpone the hearing under § 40-35-209(a).
- (b) Where the sentence is agreed upon by the district attorney general and the defendant and accepted by the court, the court may immediately impose sentence as provided in § 40-35-205(d) and no specific sentencing hearing or presentence reports shall be required. The judge may, in the judge's discretion, direct that a complete presentence report be prepared. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by § 40-35-209(d)(1). Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. There shall be a presentence report and hearing on any issue of sentencing not agreed upon by the parties and accepted by the court.
- (c) If a capital offense is charged and the jury returns a verdict where death is a possibility, the jury shall fix the punishment in a separate sentencing hearing as otherwise provided by law, unless the jury is waived as to punishment.
- (d) If the trial judge who presided at the trial on the merits is unavailable because of death, resignation, retirement, ill health or loss of jurisdiction, another judge appointed by the chief justice of the Tennessee supreme court may impose the sentence.
- (e) If the criminal offense for which the defendant is charged carries an enhanced punishment for a second or subsequent violation of the same offense, the indictment in a separate count shall specify and charge that fact. If the defendant is convicted of the offense, then the jury must find that beyond a reasonable doubt the defendant has been previously convicted the requisite number of times for the same offense. Upon such finding, the defendant shall be subject to the authorized terms of imprisonment for the felonies and misdemeanors as set forth in § 40-35-111.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 24.
Notes of Decisions
Cited in 57
cases (6 in the last 5 years), 1986–2026 · leading case: State v. Hodges, 815 S.W.2d 151 (Tenn. 1991).
State v. Hodges, 815 S.W.2d 151 (Tenn. 1991). “The State argues here that the Court of Criminal Appeals erred in determining that the trial courts were empowered to sua sponte alter the defendant's sentences, where said sentences were imposed by agreement of the parties and with prior judicial approval.”
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “2000) (citing Tenn. Code Ann. §§ 40-35-203 (b), -205(d) (1997)).”
State v. Wyrick, 62 S.W.3d 751 (Tenn. Crim. App. 2001). “§ 39-1-801 (repealed 1989). Similarly, the legislature requires that a jury determine that a defendant has previously been convicted of the same offense in order to enhance punishment for a subsequent conviction for that offense.”
Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006). “*136 T.C.A. § 40-35-203(e). This section refers to section 40-35-111, which outlines the authorized terms of imprisonment and fines for felonies and misdemeanors.”
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “Under T.C.A. § 40-35-203(a), upon a verdict or plea of guilty, the trial court is to hold a sentencing hearing at which evidence may be presented by the State or defendant concerning any issue relevant to sentencing.”
McConnell v. State, 12 S.W.3d 795 (Tenn. 2000). “See Tenn.Code Ann. § 40-35-203(b), -205(d) (1997).”
State v. Seay, 945 S.W.2d 755 (Tenn. Crim. App. 1996). “The trial judge flatly refused to accept the recommendation saying that after reviewing the record, he would “turn that [state’s recommendation] down.”
State v. Crook, 2 S.W.3d 238 (Tenn. Crim. App. 1998). “See T.C.A. §§ 40-35-203(b), -205(d). However, we conclude that the agreement in the instant case whereby the defendant agreed to two separate sentences for the same two offenses, one of which was contingent upon future conduct of the defendant, is neither contemplated nor…”
Howard Sampson v. Aileene Love, Warden, 782 F.2d 53 (6th Cir. 1986). “See The Criminal Sentencing Reform Act of 1982, Tenn. Code Ann. § 40-35-203 (1982). 3 . The newspaper clippings were offered to show that the case received much publicity, supporting an inference that the second jury was aware of the first verdict and the sentence accompanying…”
State v. Bates, 313 S.W.3d 265 (Tenn. Crim. App. 2009). “Tennessee Code Annotated section 40-35-209 states: (a) Before imposing sentence or making other disposition upon acceptance of a plea of guilty or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing without unreasonable delay, but in no event more…”
State v. Pugh, 713 S.W.2d 682 (Tenn. Crim. App. 1986). “TCA §§ 40-35-203(b) and 40-35-205(d). Among the matters which must be included in the presentence report are “(t)he characteristics and circumstances of the offense,” TCA § 40-35-207(a)(l), and information relating to enhancement or mitigating factors, whether asserted by the…”
State of Tennessee v. Tray Turner (Tenn. Crim. App. 2012). “Tenn. Code Ann. § 40-35-203 (e). The first phrase in the aforementioned statute illustrates that it does not apply to the instant case.”
— Tenn. Code Ann. § 40-35-203(3) — 1 case
State of Tennessee v. Stephen Bartholomew Gillard (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-203(a) — 7 cases
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “Under T.C.A. § 40-35-203(a), upon a verdict or plea of guilty, the trial court is to hold a sentencing hearing at which evidence may be presented by the State or defendant concerning any issue relevant to sentencing.”
State v. Hodges, 815 S.W.2d 151 (Tenn. 1991). “The State argues here that the Court of Criminal Appeals erred in determining that the trial courts were empowered to sua sponte alter the defendant's sentences, where said sentences were imposed by agreement of the parties and with prior judicial approval.”
State of Tennessee v. Chastity Coleman (Tenn. Crim. App. 2018).
Anthony Perry v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2022).
State of Tennessee v. Crystal Antonette Delaney (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 40-35-203(aHb) — 1 case
State v. Hodges, 815 S.W.2d 151 (Tenn. 1991). “The State argues here that the Court of Criminal Appeals erred in determining that the trial courts were empowered to sua sponte alter the defendant's sentences, where said sentences were imposed by agreement of the parties and with prior judicial approval.”
— Tenn. Code Ann. § 40-35-203(b) — 12 cases
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “2000) (citing Tenn. Code Ann. §§ 40-35-203 (b), -205(d) (1997)).”
McConnell v. State, 12 S.W.3d 795 (Tenn. 2000). “See Tenn.Code Ann. § 40-35-203(b), -205(d) (1997).”
State v. Seay, 945 S.W.2d 755 (Tenn. Crim. App. 1996). “The trial judge flatly refused to accept the recommendation saying that after reviewing the record, he would “turn that [state’s recommendation] down.”
State v. Crook, 2 S.W.3d 238 (Tenn. Crim. App. 1998). “See T.C.A. §§ 40-35-203(b), -205(d). However, we conclude that the agreement in the instant case whereby the defendant agreed to two separate sentences for the same two offenses, one of which was contingent upon future conduct of the defendant, is neither contemplated nor…”
State v. Bates, 313 S.W.3d 265 (Tenn. Crim. App. 2009). “Tennessee Code Annotated section 40-35-209 states: (a) Before imposing sentence or making other disposition upon acceptance of a plea of guilty or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing without unreasonable delay, but in no event more…”
— Tenn. Code Ann. § 40-35-203(c) — 4 cases
State v. Bates, 313 S.W.3d 265 (Tenn. Crim. App. 2009). “Tennessee Code Annotated section 40-35-209 states: (a) Before imposing sentence or making other disposition upon acceptance of a plea of guilty or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing without unreasonable delay, but in no event more…”
State of Tennessee v. Howard P. Fisher (Tenn. Crim. App. 2018).
State of Tennessee v. Clarence Carnell Gaston, Migwon Deon Leach, & Marion Deangalo Thomas (Tenn. Crim. App. 2003).
Robert M. Sneed v. State of Tennessee (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-35-203(e) — 8 cases
State v. Wyrick, 62 S.W.3d 751 (Tenn. Crim. App. 2001). “§ 39-1-801 (repealed 1989). Similarly, the legislature requires that a jury determine that a defendant has previously been convicted of the same offense in order to enhance punishment for a subsequent conviction for that offense.”
Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006). “*136 T.C.A. § 40-35-203(e). This section refers to section 40-35-111, which outlines the authorized terms of imprisonment and fines for felonies and misdemeanors.”
State of Tennessee v. Tray Turner (Tenn. Crim. App. 2012). “Tenn. Code Ann. § 40-35-203 (e). The first phrase in the aforementioned statute illustrates that it does not apply to the instant case.”
State of Tennessee v. Calvin Demetrius Shaw (Tenn. Crim. App. 2011).
State of Tennessee v. Thomas R. Davis (Tenn. Crim. App. 2017).
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