Tennessee § 40-35-201 - Issue of guilt and sentence to be tried separately — Instructing jury on possible sentences.

§ 40-35-201. Issue of guilt and sentence to be tried separately — Instructing jury on possible sentences.

In all contested criminal cases, the issue of guilt or innocence is submitted to the trier of fact for a verdict on that issue alone. If the defendant is found or pleads guilty, sentence shall be set in accordance with this chapter in a separate sentencing hearing. Nothing in this chapter shall be construed to deprive a defendant of a right to a jury trial as to the defendant's guilt or innocence pursuant to Rule 23 of the Tennessee Rules of Criminal Procedure and appropriate provisions of the United States or Tennessee constitutions. In all contested criminal cases, except for capital crimes that are governed by the procedures contained in §§ 39-13-204 and 39-13-205, and as necessary to comply with the Tennessee Constitution, article VI, § 14 and § 40-35-301, the judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on possible penalties for the offense charged nor all lesser included offenses. “Plea of guilty” or “guilty plea,” as used in this chapter, includes the plea of nolo contendere as provided in Rule 11 of the Tennessee Rules of Criminal Procedure. Acts 1989, ch. 591, § 6; 1994, ch. 847, §§ 1, 2; 1998, ch. 1041, § 1. Sentencing Commission Comments. This section is similar to prior law. In 1994, the provision of subsection (b) concerning instructing the jury on the range of punishment was amended. Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Execution of judgment, title 40, ch. 23. Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 15.11, 15.12, 22.61, 32.80. Tennessee Jurisprudence, 6A Tenn. Juris., Constitutional Law § 30. Law Reviews. The Habitual Offender Laws of Tennessee (Steven W. Feldman), 14 Mem. St. U.L. Rev. 293 (1984). Attorney General Opinions. Interpretation of subsection (b), OAG 99-178, 1999 Tenn. AG LEXIS 220 (9/17/99).