Rule 26.14 Resentencing
VII. Post–Verdict Proceedings | Rule 26. Judgment, Presentence Report, Presentencing Hearing, Sentence
Rule Text
If a judgment or sentence, or both, have been set aside--either on appeal, by collateral attack, or on a post-trial motion--the court may not impose a sentence for the same offense, or a different offense based on the same conduct, which is more severe than the earlier sentence unless the court determines:
(a) the earlier sentence is no longer appropriate based on evidence about the defendant's conduct occurring after the court pronounced the earlier sentence;
(b) the earlier sentence was unlawful and it is corrected so the court may impose a lawful sentence; or
(c) other circumstances exist and there is no reasonable likelihood that an increase in the sentence is the product of actual vindictiveness by the sentencing judge.
Amendment history: Added Aug. 31, 2017, effective Jan. 1, 2018.