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Tenn. Code Ann. § 40-35-115

Multiple convictions

Known as the Tennessee Criminal Sentencing Reform Act

The act spans §§ 40–40 (69 sections).

Applied in 68 court decisions — leading case Oregon v. Ice (2009)

Most recently applied in Amy Brasfield Marlow v. Joseph Charles Marlow (May 2018)

Acts 1989, ch. 591, § 6; 1990, ch. 980, §§ 31, 32.

How often courts cite this section

199120002010201880
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section.

(2) The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that: The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood;

(3) The defendant is an offender whose record of criminal activity is extensive;

(4) The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences;

(5) The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high;

(6) The defendant is convicted of two (2) or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims;

(7) The defendant is sentenced for an offense committed while on probation; or

(8) The defendant is sentenced for criminal contempt.

(9) The finding concerning the imposition of consecutive or concurrent sentences is appealable by either party.

(10) Sentences shall be ordered to run concurrently if the criteria noted in subsection (b) are not met, unless consecutive sentences are specifically required by statute or the Tennessee Rules of Criminal Procedure.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.