76-3-405. Limitation on sentence where conviction or prior sentence set aside.
(1) Where a conviction or sentence has been set aside on direct review or on collateral
attack, the court shall not impose a new sentence for the same offense or for a different offense
based on the same conduct which is more severe than the prior sentence less the portion of the
prior sentence previously satisfied.
(2) This section does not apply when:
(a) the increased sentence is based on facts which were not known to the court at the time
of the original sentence, and the court affirmatively places on the record the facts which provide
the basis for the increased sentence; or
(b) a defendant enters into a plea agreement with the prosecution and later successfully
moves to invalidate his conviction, in which case the defendant and the prosecution stand in the
same position as though the plea bargain, conviction, and sentence had never occurred.
Amended by Chapter 291, 1997 General Session
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Last revised: Thursday, May 28, 2009