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Statutorily Mandated Sentences: An Exception to G.S. 15A-1335

G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the prior sentence less the … Read more

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15A-1335: When Is a Sentence “More Severe”?

G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the prior sentence less the … Read more

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Re-sentencing under G.S. 20-38.7: Who Gets It and What’s Game for Consideration?

I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape enhanced punishment in impaired driving cases based upon prior convictions. G.S. 20-38.7(c) provides that “for any implied‑consent offense that is first tried in district court … Read more

Resentencing on Remand: G.S. 15A-1335 Applied to Multiple Convictions

Under G.S. 15A-1335, “[w]hen a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence less the portion … Read more