Tennessee Code Annotated

Tenn. Code Ann. § 40-35-211 (2026)

Court to impose determinate sentences only

✓ current as of May 2026

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In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense:

(1) Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specific term of years, months or days if the defendant is sentenced for a felony to any local jail or workhouse. Specific sentences for a misdemeanor are for a specific number of months or days or hours or any combination thereof. There are no indeterminate sentences. Sentences for all felonies and misdemeanors are determinate in nature, and the defendant is responsible for the entire sentence undiminished by sentence credits of any sort, except for credits authorized by § 40-23-101 relative to pretrial jail credit, or §§ 52-5-407 and 33-7-102 relative to mental examinations and treatment, and prisoner sentence reduction credits authorized by § 41-21-236.

(2) If the minimum punishment for any offense is imprisonment in the penitentiary for one (1) year, but in the opinion of the court the offense merits a lesser punishment, the defendant may be sentenced to the local jail or workhouse for any period less than one (1) year, except as otherwise provided.

(3) If a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one (1) year in the local jail or workhouse, the defendant shall be considered a felon but shall be sentenced as in the case of a misdemeanor, and, therefore, shall be entitled to sentence credits under § 41-2-111. Upon the defendant becoming eligible for work release, furlough, trusty status or related rehabilitative programs as specified in § 40-35-302(d), the defendant may be placed in the programs by the sheriff or administrative authority having jurisdiction over the local jail or workhouse.

Amended by 2024 Tenn. Acts, ch. 688,s 130, eff. 7/1/2024.

Acts 1989, ch. 591, § 6; 2000, ch. 947, § 8J.

Notes of Decisions

Cited in 46 cases (3 in the last 5 years), 1983–2025 · leading case: State v. Moss, 727 S.W.2d 229 (Tenn. 1986).

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State v. Moss, 727 S.W.2d 229 (Tenn. 1986). · cites it 6× “Second, a court can impose only a determinate sentence under T.C.A. § 40-35-211, and “[t]o determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed,” the court considers: the evidence presented at trial as well as at the…”

State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). · cites it 2× “at 570 (codified at Tenn.Code Ann. § 40-35-211 (felonies), - 302 (misdemeanors) (1982) (repealed)); see also David L.”

Cyntoia Brown v. Carolyn Jordan, 563 S.W.3d 196 (Tenn. 2018). · cites it 4× “Tenn. Code Ann. § 40-35-211 (1). The determinate sentence for a life sentence is sixty years, as set forth in Tennessee Code Annotated section 40-35-501(h)(1).”

State of Tennessee v. Heather Richardson, 357 S.W.3d 620 (Tenn. 2012). · cites it 2× “Tennessee Code Annotated section 40-35-211(3) further provides that if a defendant is convicted of a felony and the court imposes a sentence of less than one year in the local jail or workhouse, “the defendant shall be considered a felon but shall be sentenced as in the case of…”

State v. Hayes, 894 S.W.2d 298 (Tenn. Crim. App. 1994). · cites it 2× “T.C.A. § 40-35-211(2). Thus, the six-month workhouse sentence is not illegal.”

State v. Pride, 667 S.W.2d 102 (Tenn. Crim. App. 1983). · cites it 2× “Under T.C.A. § 40-35-211 all affected sentences are determinate rather than indeterminate, as many were under prior law.”

Baker v. State, 951 S.W.2d 1 (Tenn. Crim. App. 1997). · cites it 4× “§ 40-35-501 creates indeterminate sentences in violation of T.C.A. § 40-35-211, which prohibits indeterminate sentences.”

Jason Ray v. Madison Cnty., Tennessee (Tenn. 2017). · cites it 16× “Tenn. Code Ann. § 40-35-211 (3) provides that if a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one year in the jail or local workhouse, the defendant is considered a felon but he is sentenced as in the case of a 10 As…”

Ernie Lynnwood Eaton v. State of Tennessee (Tenn. Crim. App. 2006). · cites it 12× “The post-conviction court also found that although Petitioner’s effective sentence was expressed in terms of years and months, his sentence was a determinate sentence which fulfilled the provisions of Tennessee Code Annotated section 40-35-211. The post-conviction court,…”

State of Tennessee v. Markhayle Jackson (Tenn. Crim. App. 2025). · cites it 6× “See Tenn. Code Ann. § 40-35-211 (1) (“Specific sentences for a felony shall be for a term of years or months or life[.”

James Gordon Coons, III v. State (Tenn. Crim. App. 2010). · cites it 9× “§ 40-35-211, a felony sentence of eight years and six months in the Department of Correction).”

Leslie L. Coleman v. Jim Morrow, Warden (Tenn. Crim. App. 2011). · cites it 8× “” T.C.A. § 40-35-211(1) (1991). The statute, therefore, expressly references and labels a “life” sentence as a “specific” sentence within the meaning of the statute.”

Show all 46 citing cases →

— Tenn. Code Ann. § 40-35-211(1) — 11 cases

Leslie L. Coleman v. Jim Morrow, Warden (Tenn. Crim. App. 2011). “” T.C.A. § 40-35-211(1) (1991). The statute, therefore, expressly references and labels a “life” sentence as a “specific” sentence within the meaning of the statute.”

James Gordon Coons, III v. State (Tenn. Crim. App. 2010). “§ 40-35-211, a felony sentence of eight years and six months in the Department of Correction).”

Ernie Lynnwood Eaton v. State of Tennessee (Tenn. Crim. App. 2006). “The post-conviction court also found that although Petitioner’s effective sentence was expressed in terms of years and months, his sentence was a determinate sentence which fulfilled the provisions of Tennessee Code Annotated section 40-35-211. The post-conviction court,…”

James E. Gayles v. State of Tennessee (Tenn. Crim. App. 2012).

Christopher Keyln Dearing v. Howard Carlton, Warden (Tenn. Crim. App. 2008).

— Tenn. Code Ann. § 40-35-211(1990) — 1 case

Keith J.Allen v. Howard Carlton, Warden (Tenn. Crim. App. 2012).

— Tenn. Code Ann. § 40-35-211(2) — 4 cases

State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “Second, a court can impose only a determinate sentence under T.C.A. § 40-35-211, and “[t]o determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed,” the court considers: the evidence presented at trial as well as at the…”

State v. Hayes, 894 S.W.2d 298 (Tenn. Crim. App. 1994). “T.C.A. § 40-35-211(2). Thus, the six-month workhouse sentence is not illegal.”

State of Tennessee v. John L. Shelton (Tenn. Crim. App. 2003).

State of Tennessee v. Travis Davison (Tenn. Crim. App. 2015).

— Tenn. Code Ann. § 40-35-211(3) — 2 cases

State of Tennessee v. Heather Richardson, 357 S.W.3d 620 (Tenn. 2012). “Tennessee Code Annotated section 40-35-211(3) further provides that if a defendant is convicted of a felony and the court imposes a sentence of less than one year in the local jail or workhouse, “the defendant shall be considered a felon but shall be sentenced as in the case of…”

Jason Ray v. Madison Cnty., Tennessee (Tenn. 2017). “Tenn. Code Ann. § 40-35-211 (3) provides that if a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one year in the jail or local workhouse, the defendant is considered a felon but he is sentenced as in the case of a 10 As…”

— Tenn. Code Ann. § 40-35-211(b)(1)(A) — 1 case

State of Tennessee v. Sandra Kay Stutts (Tenn. Crim. App. 2018).

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