North Carolina § 15A-1335 Resentencing after appellate review

North Carolina Statutes

§ 15A-1335 — Resentencing after appellate review

North Carolina § 15A-1335

Ch. 15ACriminal Procedure Act

Art. 81General Sentencing Provisions

Subch. XIIIDisposition of Defendants

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Bluebook

N.C. Gen. Stat. § 15A-1335 (2026).

Text

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, which is more severe than the prior sentence less the portion of the prior sentence previously served. This section shall not apply when a defendant, on direct review or collateral attack, succeeds in having a plea of guilty vacated. (1977, c. 711, s. 1; 2013-385, s. 3.)

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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, which is more severe than the prior sentence less the portion of the prior sentence previously served. This section shall not apply when a defendant, on direct review or collateral attack, succeeds in having a plea of guilty vacated. (1977, c. 711, s. 1; 2013-385, s. 3.)