2010 Tennessee Code
Title 40 - Criminal Procedure
Chapter 35 - Criminal Sentencing Reform Act of 1989
Part 2 - Procedure for Imposing Sentence
40-35-210 - Imposition of sentence Evidence to be considered Presumptive sentence Sentence explanation.

40-35-210. Imposition of sentence Evidence to be considered Presumptive sentence Sentence explanation.

(a)  At the conclusion of the sentencing hearing, the court shall first determine the appropriate range of sentence.

(b)  To determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed on the defendant, the court shall consider the following:

     (1)  The evidence, if any, received at the trial and the sentencing hearing;

     (2)  The presentence report;

     (3)  The principles of sentencing and arguments as to sentencing alternatives;

     (4)  The nature and characteristics of the criminal conduct involved;

     (5)  Evidence and information offered by the parties on the mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114;

     (6)  Any statistical information provided by the administrative office of the courts as to sentencing practices for similar offenses in Tennessee; and

     (7)  Any statement the defendant wishes to make in the defendant's own behalf about sentencing.

(c)  The court shall impose a sentence within the range of punishment, determined by whether the defendant is a mitigated, standard, persistent, career, or repeat violent offender. In imposing a specific sentence within the range of punishment, the court shall consider, but is not bound by, the following advisory sentencing guidelines:

     (1)  The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and

     (2)  The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114.

(d)  The sentence length within the range should be consistent with the purposes and principles of this chapter.

(e)  When the court imposes a sentence, it shall place on the record, either orally or in writing, what enhancement or mitigating factors were considered, if any, as well as the reasons for the sentence, in order to ensure fair and consistent sentencing.

(f)  A sentence must be based on evidence in the record of the trial, the sentencing hearing, the presentence report, and the record of prior felony convictions filed by the district attorney general with the court, as required by § 40-35-202(a).

[Acts 1989, ch. 591, § 6; 1995, ch. 493, § 1; 1998, ch. 914, § 1; 2000, ch. 800, § 2; 2005, ch. 353, § 6.]  

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