State v. Cook, 225 N.C. App. 745 (Mar. 5, 2013)

The trial court did not violate G.S. 15A-1335 when on remand it sentenced the defendant to a term that was longer than he originally received. The trial court initially imposed an illegal term, sentencing the defendant to a presumptive range sentence of 120 to 153 months; the correct presumptive range sentence for the defendant’s class of offense and prior record level was 135 to 171 months. When the trial court imposed a presumptive range of 135 to 171 months on remand, it was imposing a statutorily mandated sentence that did not run afoul of G.S. 15A-1335.