Tennessee Code Annotated
Tenn. Code Ann. § 40-35-310 (2026)
Revocation of suspension of sentence - Resentence to community-based alternative to incarceration
✓ current as of May 2026
- (a) The trial judge shall possess the power, at any time within the maximum time that was directed and ordered by the court for the suspension, in accordance with § 40-35-311, to revoke the suspension. The trial judge may order the original judgment to be in full force and effect from the date of the revocation of the suspension and may give credit against the original judgment by the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation or a portion of that amount of time. If the trial judge revokes the suspension due to conduct by the defendant that resulted in a conviction against the defendant during the defendant's period of probation, then the trial judge may order that the term of imprisonment imposed by the original judgment be served consecutively to any sentence that was imposed upon the conviction.
- (b) In addition to the power to restore the original judgment, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation, when suspension of sentence is revoked, the trial judge may also resentence the defendant for the remainder of the unexpired term to a sentence of probation, including the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9); provided, that the violation of the defendant's suspension of sentence is a technical one and does not involve the commission of a new offense.
Amended by 2021 Tenn. Acts, ch. 409, s 23, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, Secs.s18, s22 eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2009 , ch. 203, § 2.
Notes of Decisions
Cited in 772
cases (97 in the last 5 years), 1991–2026 · leading case: State v. Hunter, 1 S.W.3d 643 (Tenn. 1999).
State v. Hunter, 1 S.W.3d 643 (Tenn. 1999). “Tenn.Code Ann. § 40-35-310 (1990). However, in this case, the appellant failed to successfully complete his first two-year probationary period prior to any of his probation revocations.”
State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). “Tennessee Code Annotated section 40-35-310 provides as follows: The trial judge shall possess the power, at any time within the maximum time which was directed and ordered by the court for such suspension, after proceeding as provided in § 40-35-311, to revoke and annul such…”
State v. Conner, 919 S.W.2d 48 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 40-35-310 (1990 Repl.) (emphasis added).”
State v. Mitchell, 810 S.W.2d 733 (Tenn. Crim. App. 1991). “T.C.A. § 40-35-310 gives the trial court statutory authority to revoke probation whenever it finds that a probationer has violated the conditions of probation.”
State v. Taylor, 992 S.W.2d 941 (Tenn. 1999). “See Tenn.Code Ann. §§ 40-35-310 (1990) & 40-35-311(d) (1990); State v.”
State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001). “to revoke and annul such suspension, and in such cases the original judgment so rendered by the trial judge shall be in full force and effect from the date of the revocation of such suspension, and shall be executed accordingly.”
State v. Moore, 942 S.W.2d 570 (Tenn. Crim. App. 1996). “Next, there is Tenn.Code Ann. § 40-35-310, which gives the trial judge discretion to order consecutive sentences when the defendant commits a crime while on probation.”
State v. Duke, 902 S.W.2d 424 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 40-35-310 . That statutory authority grants trial judges the discretionary authority “to commence the execution of the judgment as originally entered.”
State v. Jackson, 60 S.W.3d 738 (Tenn. 2001). “See Tenn.Code Ann. § 40-35-310; see also State v.”
State v. Stone, 880 S.W.2d 746 (Tenn. Crim. App. 1994). “Compare T.C.A. §§ 40-35-310, -311(a) (1990) with T.”
State v. Stubblefield, 953 S.W.2d 223 (Tenn. Crim. App. 1997). “Trial courts are granted broad authority under T.C.A. § 40-35-310 to revoke a suspended sentence “at any time within the maximum time which was directed and ordered by the court for suspension, after proceeding as provided in § 40-35-311.”
Alder v. State, 108 S.W.3d 263 (Tenn. Crim. App. 2002). “2001); see Tenn.Code Ann. § 40-35-310 (1997). However, if a probation revocation warrant is issued within the term of probation, it tolls the limitation of time in which the court may act to revoke probation.”
— Tenn. Code Ann. § 40-35-310(a) — 51 cases
State Of Tennessee v. Margle Otis Ward (Tenn. Crim. App. 2020).
State of Tennessee v. Misty Paul (Tenn. Crim. App. 2024).
State of Tennessee v. James Cauley (Tenn. Crim. App. 2015).
State of Tennessee v. Kenderick Michael Tucker (Tenn. Crim. App. 2016).
State of Tennessee v. Joseph Anthony Szostak, III (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 40-35-310(b) — 41 cases
State of Tennessee v. Charles E. Mason, Jr. (Tenn. Crim. App. 2019).
State of Tennessee v. Channon Lee Williams (Tenn. Crim. App. 2012).
State of Tennessee v. Matthew C. Welker (Tenn. Crim. App. 2012).
State of Tennessee v. Darius J. Hunt (Tenn. Crim. App. 2012).
State of Tennessee v. Patsy Lynn McCoy (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-310(c) — 1 case
State of Tennessee v. Melvin Goodman (Tenn. Crim. App. 2010).
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