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 portion of the prior sentence previously served. In most cases, determining whether the new sentence is more severe than the original sentence is a simple matter. In State v. Holt, 144 N.C. App. 112, 116 (2001), for example, the court of appeals easily concluded that imposition of a life sentence was more severe than the original sentence of 196─245 months in prison. However, I get questions about this issue every now and then. Here is a quick summary of the most common things people ask about. Life Sentences. Any number of life sentences, even if imposed consecutively, cannot be considered more severe than a single death sentence. State v. Goode, 211 N.C. App. 637 (2011) (no violation of G.S. 15A-1335 when after the defendant’s two death sentences for murder were vacated the trial judge imposed two consecutive life sentences); State v. Oliver, 155 N.C. App. 209, 212 (2002) (same). Multiple Sentences. Even when multiple sentences are involved, the application of the rule is generally straightforward: The statute bars imposing an increased sentence for any of the convictions, even if the total term of imprisonment does not exceed that of the original sentence. State v. Daniels, 203 [...]
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