76-3-405 - Limitation on sentence where conviction or prior sentence set aside.
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 collateralattack, the court shall not impose a new sentence for the same offense or for a different offensebased on the same conduct which is more severe than the prior sentence less the portion of theprior 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 timeof the original sentence, and the court affirmatively places on the record the facts which providethe basis for the increased sentence; or
(b) a defendant enters into a plea agreement with the prosecution and later successfullymoves to invalidate his conviction, in which case the defendant and the prosecution stand in thesame position as though the plea bargain, conviction, and sentence had never occurred.
Amended by Chapter 291, 1997 General Session