State v. Kirkpatrick

WELLS, Judge.

Under his sole assignment of error, defendant contends that the trial court erred in increasing defendant’s sentence on resen-tencing from three years to fifteen years, relying on N.C. Gen. Stat. § 15A-1335 (1983), which is as follows:

Resentencing after appellate review. Where 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 ....

We disagree.

While G.S. § 15A-1335…