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STATE v. KIRKPATRICK

No. 8715SC864.

365 S.E.2d 640 (1988)

STATE of North Carolina v. Coy Haven KIRKPATRICK.

Court of Appeals of North Carolina.

March 15, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Lemuel W. Hinton, Raleigh, for State.

Patterson, Parker & White by C. Craig White, Burlington for defendant-appellant.

WELLS, Judge.

Under his sole assignment of error, defendant contends that the trial court erred in increasing defendant's sentence on resentencing from three years to fifteen years, relying on N.C.Gen.Stat. § 15A-1335 (1983), which is as follows:

Resentencing after appellate review. Where 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...

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