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Hyman v. State

Following reversal of defendant's felony murder conviction, the trial court properly resentenced defendant for the offense of making a false statement which had merged into defendant's original sentence.

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Algernon Hyman contends that his resentencing for the crime of making a false statement was harsher than his original sentence and presumptively vindictive in violation of North Carolina v. Pearce.1 For the reasons set forth below, we affirm.

Following a jury trial, Algernon Hyman was convicted of making a false statement and felony murder on May 4, 1999. The trial court then merged the two counts and sentenced Hyman to life imprisonment. Our Supreme Court subsequently granted certiorari on Hyman’s case, affirmed his conviction for making a false statement, and reversed his conviction for felony murder. As a result of this reversal, the trial court resentenced Hyman to five years of imprisonment for making a false statement and ordered that this sentence would be served consecutively to an earlier sentence imposed upon Hyman for another prior crime. Hyman contends that the second sentence violated the standard set forth in Pearce.

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