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Rule 26.14. Resentencing

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 26. Judgment, Presentence Report, Presentencing Hearing, Sentence (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 26.14
Rule 26.14. Resentencing
Currentness
If a judgment or sentence, or both, have been set aside--either on appeal, by collateral attack, or on a post-trial motion--the court may not impose a sentence for the same offense, or a different offense based on the same conduct, which is more severe than the earlier sentence unless the court determines:
(a) the earlier sentence is no longer appropriate based on evidence about the defendant's conduct occurring after the court pronounced the earlier sentence;
(b) the earlier sentence was unlawful and it is corrected so the court may impose a lawful sentence; or
(c) other circumstances exist and there is no reasonable likelihood that an increase in the sentence is the product of actual vindictiveness by the sentencing judge.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 26.14, AZ ST RCRP Rule 26.14
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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