Tennessee Statutes
§ 40-35-402 — Appeal of sentence by state - Standard
Tennessee § 40-35-402
JurisdictionTennessee
Title40
This text of Tennessee § 40-35-402 (Appeal of sentence by state - Standard) 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. § 40-35-402 (2026).
Text
(a)The district attorney general in a criminal case may appeal from the length, range or manner of the service of the sentence imposed by the sentencing court. The district attorney general may also appeal the imposition of concurrent sentences. In addition, the district attorney general may also appeal the amount of fines and restitution imposed by the sentencing court. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. The right of the appeal of the state is independent of the defendant's right of appeal.
(b)An appeal from a sentence is limited to one (1) or more of the following conditions:
(1)The court improperly sentenced the defendant to the wrong sentence range;
(2)The court granted all or part of the
Free access — add to your briefcase to read the full text and ask questions with AI
Related
State v. Harkins
811 S.W.2d 79 (Tennessee Supreme Court, 1991)
State v. Taylor
739 S.W.2d 227 (Tennessee Supreme Court, 1987)
Brooks v. State
756 S.W.2d 288 (Court of Criminal Appeals of Tennessee, 1988)
State v. Thomas
755 S.W.2d 838 (Court of Criminal Appeals of Tennessee, 1988)
State v. Scott
735 S.W.2d 825 (Court of Criminal Appeals of Tennessee, 1987)
State v. Haynes
720 S.W.2d 76 (Court of Criminal Appeals of Tennessee, 1986)
State v. Adams
916 S.W.2d 471 (Court of Criminal Appeals of Tennessee, 1995)
State v. Jenkins
733 S.W.2d 528 (Court of Criminal Appeals of Tennessee, 1987)
Cooper v. Williamson County Board of Education
746 S.W.2d 176 (Tennessee Supreme Court, 1987)
State v. Hammons
737 S.W.2d 549 (Court of Criminal Appeals of Tennessee, 1987)
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. Hastings
25 S.W.3d 178 (Court of Criminal Appeals of Tennessee, 1999)
State v. Blouvet
965 S.W.2d 489 (Court of Criminal Appeals of Tennessee, 1997)
State v. Seaton
914 S.W.2d 129 (Court of Criminal Appeals of Tennessee, 1995)
State v. Bell
745 S.W.2d 858 (Tennessee Supreme Court, 1988)
State v. Gauldin
737 S.W.2d 795 (Court of Criminal Appeals of Tennessee, 1987)
State v. Grandberry
803 S.W.2d 706 (Court of Criminal Appeals of Tennessee, 1990)
State v. Seals
735 S.W.2d 849 (Court of Criminal Appeals of Tennessee, 1987)
State v. Smith
735 S.W.2d 831 (Court of Criminal Appeals of Tennessee, 1987)
Legislative History
Acts 1989, ch. 591, § 6; 1998, ch. 796, §§ 1, 2; 2005, ch. 353, § 9.
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 § 40-35-402, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-35-402.