Concurrent or Cumulative Sentences

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Judgment and Sentence
  5. General Provisions
  6. Concurrent or Cumulative Sentences

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  1. When any person has been convicted of two (2) or more offenses, judgment shall be rendered on each conviction after the first conviction; provided, that the terms of imprisonment to which the convicted person is sentenced shall run concurrently or cumulatively in the discretion of the trial judge. The exercise of the discretion of the trial judge shall be reviewable by the supreme court on appeal.
  2. In any case in which a defendant commits a felony while the defendant was released on bail in accordance with chapter 11, part 1 of this title, and the defendant is convicted of both offenses, the trial judge shall not have discretion as to whether the sentences shall run concurrently or cumulatively, but shall order that the sentences be served cumulatively.

Code 1858, § 5228; Shan., § 7201; Acts 1919, ch. 115, § 1; Code 1932, § 11764; Acts 1979, ch. 227, § 1; T.C.A. (orig. ed.), § 40-2711.

Compiler's Notes. This section may be affected by the Criminal Sentencing Reform Act of 1989. See ch. 35 of this title.

Cross-References. Criminal Sentencing Reform Act, title 40, ch. 35.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.174.

Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 47.

Law Reviews.

Special Project: Criminal Procedure as defined by the Tennessee Supreme Court (Julian L. Bibb and Walter Sillers Weems),  30 Vand. L. Rev. (4) 691.


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