§ 15A-1335. Resentencing after appellate review.
§15A‑1335. Resentencing after appellate review.
When a conviction or sentenceimposed in superior court has been set aside on direct review or collateralattack, the court may not impose a new sentence for the same offense, or for adifferent offense based on the same conduct, which is more severe than theprior sentence less the portion of the prior sentence previously served. (1977,c. 711, s. 1.)