Tennessee Statutes
§ 40-35-109 — Especially mitigated offender
Tennessee § 40-35-109
JurisdictionTennessee
Title40
This text of Tennessee § 40-35-109 (Especially mitigated offender) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tenn. Code Ann. § 40-35-109 (2026).
Text
(a)The court may find the defendant is an especially mitigated offender, if:
(1)The defendant has no prior felony convictions; and (2) The court finds mitigating, but no enhancement factors.
(b)If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%).
(c)If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect.
(d)The finding that a defendant is
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Related
State v. Bingham
910 S.W.2d 448 (Court of Criminal Appeals of Tennessee, 1995)
Grindstaff v. State
297 S.W.3d 208 (Tennessee Supreme Court, 2009)
State v. Butler
900 S.W.2d 305 (Court of Criminal Appeals of Tennessee, 1994)
State v. Braden
867 S.W.2d 750 (Court of Criminal Appeals of Tennessee, 1993)
David CANTRELL v. Joe EASTERLING, Warden
346 S.W.3d 445 (Tennessee Supreme Court, 2011)
State v. McPherson
882 S.W.2d 365 (Court of Criminal Appeals of Tennessee, 1994)
State v. Hicks
868 S.W.2d 729 (Court of Criminal Appeals of Tennessee, 1993)
State v. Edwards
868 S.W.2d 682 (Court of Criminal Appeals of Tennessee, 1993)
State v. Lambert
741 S.W.2d 127 (Court of Criminal Appeals of Tennessee, 1987)
State v. Baker
751 S.W.2d 154 (Court of Criminal Appeals of Tennessee, 1987)
State v. Smith
735 S.W.2d 831 (Court of Criminal Appeals of Tennessee, 1987)
State v. Flynn
675 S.W.2d 494 (Court of Criminal Appeals of Tennessee, 1984)
State v. Ricky Lee Turner
30 S.W.3d 355 (Court of Criminal Appeals of Tennessee, 2000)
State of Tennessee v. Cynthia J. Finch
465 S.W.3d 584 (Court of Criminal Appeals of Tennessee, 2013)
State v. Reed
689 S.W.2d 190 (Court of Criminal Appeals of Tennessee, 1984)
State v. Jackson
697 S.W.2d 366 (Court of Criminal Appeals of Tennessee, 1985)
State v. Hamrick
688 S.W.2d 477 (Court of Criminal Appeals of Tennessee, 1985)
State v. Davis
757 S.W.2d 11 (Court of Criminal Appeals of Tennessee, 1987)
State v. Watkins
804 S.W.2d 884 (Tennessee Supreme Court, 1991)
State v. Carter
669 S.W.2d 707 (Court of Criminal Appeals of Tennessee, 1984)
Legislative History
Acts 1989, ch. 591, § 6.
Nearby Sections
15
§ 40-1-104
Fraudulent sale of pledged property§ 40-1-106
Officials defined as magistrates§ 40-1-107
Courts vested with original jurisdiction§ 40-1-109
Jurisdiction of general sessions courts§ 40-1-110
Judicial acts of general sessions judges§ 40-10-101
Notice of charge and right to counsel§ 40-10-102
Time allowed to procure counsel§ 40-10-103
Separation and exclusion of witnesses§ 40-10-104
Bail§ 40-10-105
Election by prisoner to perform hard labor§ 40-10-106
Reports on elections to perform hard labor§ 40-10-107
Bond of witnessesCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 40-35-109, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-35-109.