Womack v. State

JOANOS, Chief Judge.

Appellant, Charles V. Womack, Jr., appeals the judgment and sentence imposed upon his conviction after retrial. Appellant contends the sentence imposed after his successful appeal was harsher than the original sentence, and since the trial court did not give a reason for the increase, the North Carolina v. Pearce1 presumption of vindictiveness was not dispelled. We conclude the sentencing disposition at resen-*1108tencing was improper in the circumstances of this case.

An information filed June 20, 1990, charged that between the dates of December 1 to 31, 1989, appellant…