Appeals

2.26 Remand

Ryland Anderson, COA03-1265, Terry Alford
De novo sentencing hearing is required when case is remanded for resentencing

Vincent Harris, 548A04, Thomas Sallenger
Where case was remanded for new trial due to exclusion of evidence affecting credibility of alleged rape victim, appropriate to also remand common law robbery for new trial as credibility affected finding that victim had a reasonable apprehension of bodily harm.

Jermaine Larrod Burton, COA07-449, Don Willey
On remand, judge imposed harsher sentence.

Lamont Darrell Carter, COA08-1545, Kevin P. Bradley
Appellate court cannot remand to superior court for entry of judgment on lesser included offense when lesser included offense was not submitted to the jury.

Raymond Lee Mueller, 09-219, Kristen L. Todd
Trial court erred by giving defendant a more severe sentence on remand after charges were dismissed by the Court of Appeals.