Jackson v. State

On Motion for Rehearing

We deny appellant’s motion for rehearing, withdraw our prior opinion and substitute the following in its place.

Appellant challenges the trial court’s order denying his motion to correct an illegal sentence. He claims that his sentence of thirty years, imposed for carjacking and armed burglary of a conveyance, was vindictive pursuant to North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2089 (1969), because it was imposed after a retrial upon the reversal of his original conviction and original sentence of two concurrent terms of fifteen years plus probation.1 We affirm. A…