State v. Leonard

Two issues are presented on this appeal:

1. On resentencing may a defendant be given a harsher sentence than the one originally imposed ?

2. On resentencing was the defendant here given credit for time already served under the original sentence?

Increased Sentence on Resentencing.

The first issue raises a question of first impression in this court. Essentially, defendant’s argument is that the *465imposition, or potential imposition, of a greater sentence upon one who successfully pursues a postconviction remedy resulting in resentencing, or in redetermination of guilt followed by resentencing,…