The imposition of a life sentence is an example of

#THE IMPOSITION OF A LIFE SENTENCE IS AN EXAMPLE OF TRIAL#

#THE IMPOSITION OF A LIFE SENTENCE IS AN EXAMPLE OF TRIAL#

15A-1335 prohibits trial courts from imposing stiffer sentences upon remand than originally imposed, nothing prohibits the trial court from changing the way in which it consolidated convictions during a sentencing hearing prior to remand.вЂќ).ДЇinding New Sentencing Factors.

15A-1335).ДЄlso, nothing prevents the resentencing court from changing the way the convictions originally were consolidated, provided that the defendant is not sentenced more severely. 711, 714 (1986) (the defendant initially received a consolidated sentence of twenty years for multiple offenses after that sentence was overturned, the court sentenced him to six consecutive three-year sentences, for a total of eighteen years the new sentence did not violate G.S. at 211 (no violation occurred when the original sentence included concurrent death sentences and the new sentence consisted of consecutive life sentences) State v. Note that the mere fact that the resentencing judge replaces concurrent sentences with consecutive sentences does not automatically make the new sentence more severe, provided neither the individual sentences nor the aggregate sentence exceeds that originally imposed. 209 (2002) (вЂњWhen multiple sentences are involved 15A-1335 bars the trial court from imposing an increased sentence for any of the convictions, even if the total term of imprisonment does not exceed that of the original sentence.вЂќ). 15A-1335, the court should consider whether the new aggregated sentences are greater than the aggregated original sentences) see also State v. 15A-1335 because the trial court imposed a more severe sentence for the rape conviction the court rejected the StateвЂ™s argument that when applying G.S. 350 (2010) (the defendant was sentenced to consecutive terms of 307в”Ђ378 months for first-degree rape and 133в”Ђ169 months for first-degree kidnapping after a successful appeal, the trial court resentenced the defendant to 370в”Ђ453 months for first-degree rape and to a consecutive term of 46в”Ђ65 months for second-degree kidnapping the resentencing violated G.S. Even when multiple sentences are involved, the application of the rule is generally straightforward: The statute bars imposing an increased sentence for any of the convictions, even if the total term of imprisonment does not exceed that of the original sentence.

15A-1335 when after the defendantвЂ™s two death sentences for murder were vacated the trial judge imposed two consecutive life sentences) State v. Any number of life sentences, even if imposed consecutively, cannot be considered more severe than a single death sentence. Here is a quick summary of the most common things people ask about. However, I get questions about this issue every now and then. 112, 116 (2001), for example, the court of appeals easily concluded that imposition of a life sentence was more severe than the original sentence of 196в”Ђ245 months in prison. In most cases, determining whether the new sentence is more severe than the original sentence is a simple matter. 15A-1335 provides that when 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, that is more severe than the prior sentence less the portion of the prior sentence previously served.

The imposition of a life sentence is an example of