Arizona

Criminal Procedure

Criminal Procedure

Rule 26.14 – Resentencing

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.

Ariz. R. Crim. P. 26.14

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 26.14, relating to re-sentencing, was abrogated effective January 1, 2018.