STATE v. LAWRENCE (2025)

Defendant was convicted of five counts of armed robbery and eight counts of second-degree kidnapping. By opinion filed 21 November 2023, this Court vacated seven of the kidnapping charges and remanded the case for resentencing. State v. Lawrence, 291 N.C. App. 403 (2023) (unpublished) (hereinafter “Lawrence I”). Our mandate for Lawrence I issued on 10 December 2023.

However, on 4 December 2023, prior to the date of our mandate, the trial court issued a new judgment, resentencing Defendant. Defendant appeals from that new judgment, arguing that the trial court lacked jurisdiction over his case on 4 December as the matter was technically still pending at our Court, as our Court's mandate had not yet issued in Lawrence I. The State concedes this error.

We agree with the parties that the trial court lacked jurisdiction in resentencing Defendant while the matter remained pending in our Court and that, therefore, the new judgment is a nullity. See State v. Seam, 255 N.C. App. 417, 419 (2017) (holding that the trial court lacked jurisdiction to re-sentence a defendant prior to the mandate from our Supreme Court issuing).

Defendant further argues that the sentence rendered by the trial court at the resentencing hearing improperly exceeded his original sentence. Indeed, our General Assembly has provided that “[w]hen 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 same offense ․ which is more severe than the prior sentence less the portion of the prior sentence previously served.” N.C.G.S. § 15A-1335 (2024). However, this argument is rendered moot by our holding that the judgment entered on resentencing is void for lack of jurisdiction.

In conclusion, we vacate the trial court's 4 December 2023 judgment and sentences and remand the matter for resentencing.

VACATED AND REMANDED FOR RESENTENCING.

Report per Rule 30(e).

DILLON, Chief Judge.

Judges COLLINS and FLOOD concur.