Legal Question in Criminal Law in Tennessee

1 - Yes, 11 months and 29 days is the maximum sentence for a Class A Misdemeanor.

2 - Hmmm... sounds like someone is doing their school homework.

In short, the Blakely case says that juries must find FACTS that a judge can then use to increase punishment, Judges cannot find a FACT (other than the fact of a prior conviction) and use it to increase punishment.

Example: Suppose a Defendant is convicted of an offense that carries a possible range of punishment of 8 ~ 12 years.

If the judge says: "I'm giving you 12 years, because you have three prior convictions" that's OK.

If the judge says: "I'm giving you 12 years, because you possessed a gun during the crime," that sentence is only valid if the JURY found: "We, the jury, find that the Defendant possessed a gun during the commission of the crime."

In America, juries find FACTS, judges apply the LAW.

3 - False, inmates are sentenced to 11 months and 29 days regularly.

4 - Your question is unclear. Can a defendant be sentenced to serve 11 months and 29 days in jail? Yes. Will they serve all 364 days in jail? That would be rare, because as a general rule inmate can earn good behavior, trustee, program, work and other credits against their sentence. A sentence of "11 months and 29 days to serve in jail" will rarely exceed nine months of actual time behind bars.

Is the 11/29 sentence used only for probation? NO, but often a court will sentence a Defendant to "11 months and 29 days in jail, all suspended on probation except for XXX days to be served."