§ 40-35-401 — Appeal of sentence by defendant - Time for filing - Grounds - Determination - Standard

Tennessee § 40-35-401

• Jurisdiction: Tennessee
• Title: 40

Text

(a) The defendant in a criminal case may appeal from the length, range or the manner of service of the sentence imposed by the sentencing court. The defendant may also appeal the imposition of consecutive sentences. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. If there is an appeal of the conviction, the appeal of the sentence shall be taken at the same time. There is no appellate review of the sentence in a postconviction or habeas corpus proceeding. (b) An appeal from a sentence may be on one (1) or more of the following grounds: (1) The sentence was not imposed in accordance with this chapter; (2) The sentence is excessive under the sentencing considerations set out in §§ 40-35-103 and 40-35-210 ; or (3) The sentence is inconsistent with the purposes of sentencing set out in §§ 40-35-102 and 40-35-103 . (c) If a sentence is appealed, the appellate court may: (1) Dismiss the appeal; (2) Affirm, reduce, vacate or set aside the sentence imposed; (3) Remand the case or direct the entry of an appropriate sentence or order; or (4) Direct any further proceedings appropriate or required under the circumstances. (d) When reviewing sentencing issues raised pursuant to subsection (a), including the granting or denial of probation and the length of sentence, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct.

Legislative History

Acts 1989, ch. 591, § 6; 2005, ch. 353, § 8.