Wilson v. State

OPINION

By the Court, Parraguirre, J.:

In this appeal, we consider whether Nevada’s double jeopardy protections prohibit increasing a defendant’s sentence after the defendant’s conviction has been partially vacated on appeal. We first considered a similar issue in Dolby v. State, where we held: “When a court is forced to vacate an unlawful sentence on one count, the court may not increase a lawful sentence on a separate count.” We now conclude that the double jeopardy protections articulated in Dolby apply with equal force regardless of the procedural posture in which the resentencing occurs —…