Section 30.21 Sentencing

• Library: Criminal Practice 2012 Supp

2. (§30.21) Sentencing

The double jeopardy clause imposes no absolute prohibition against a more severe sentence on retrial after an original conviction or sentence has been set aside by an appellate court. N.C. v. Pearce, 395 U.S. 711 (1969); United States v. DiFrancesco, 449 U.S. 117 (1980) (no expectation of finality of sentence when the legislature specifically grants the government the right to appeal a sentencing determination). Two exceptions exist, however. First, in order to ensure the absence of vindictiveness and retaliation against a defendant who has succeeded in getting a conviction set aside, a harsher sentence cannot be imposed unless the judge finds just cause based on the conduct of the defendant following the original sentencing proceeding. Pearce, 395...