PUBLISHED

N.C.G.S. § 15A-1335

Resentencing after appellate review.

Effective date: 2026-08-08
Last verified: 2026-08-09
Source: official source
Revision history: view all versions

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.)