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Mandatory Consecutive Sentencing Tennessee Law

MANDATORY CONSECUTIVE SENTENCING

Consecutive sentencing is governed by Tennessee Code Annotated section 40-35-115.

The trial court has the discretion to order consecutive sentencing if it finds that one or more of the required statutory criteria exist. State v. Black, 924 S.W.2d 912, 917 (Tenn. Crim. App. 1995).

The record indicates that the trial court imposed consecutive sentencing based on a determination that:

(1) Defendant is a professional criminal who has knowingly devoted his life to criminal acts as a major source of his livelihood and (2) Defendant is an offender whose record of criminal activity is extensive. See Tenn. Code Ann. § 40-35-115(b)(1), (2) (1997).

Rule 32 of the Tennessee Rules of Criminal Procedure provides, in relevant part:

Mandatory Consecutive Sentences. Where a defendant is convicted of multiple offenses from one trial or where the defendant has additional sentences not yet fully served as the result of the convictions in the same or other court and the law requires consecutive sentences, the sentence shall be consecutive whether the judgment explicitly so orders or not. This rule shall apply:

(A) To a sentence for a felony committed while on parole for a felony.

Tenn. R. Crim. P. 32(c)(3)(A). In addition, Tennessee Code Annotated section 40-28-123(a) expressly provides that a sentence for a felony offense committed while on parole must be served consecutively to the sentence for which the defendant was on parole. Tenn. Code. Ann. § 40-28-123(a) (Supp. 1999).



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