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.
N.C. Gen. Stat. § 15A-1335
Resentencing after appellate review
Applied in 22 court decisions — leading case 182 N.C. App. 34 - State v. Dorton (2007)
Most recently applied in State v. Rogers (February 2017)
1977, c. 711, s. 1; 2013-385, s. 3.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.