State v. Hemby

EXUM, Chief Justice.

The issue before us is whether the trial court violated the Fair Sentencing Act in a resentencing proceeding by imposing upon defendant more severe sentences than were imposed originally. Although defendant’s total number of years of imprisonment remained the same, the number of convictions for which he was resentenced had been reduced. Considering each conviction separately for sentencing purposes, we conclude that the trial court violated the Fair Sentencing Act by resentencing defendant to a term of years for each conviction that exceeded the sentence given for each…