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Commonwealth v. Harvey

December 14, 2021

The trial court resentenced Mr. Harvey, a juvenile lifer, to a term of years for a homicide conviction. At both his original sentencing and resentencing, he also received the statutory maximum for an attempted murder charge. Originally, the sentences were ordered to run concurrently. At resentencing, the court ordered the sentence for attempted murder to run consecutively. But Mr. Harvey had already served more than the statutory maxim for the attempted murder charge and he was not given time credit. He appealed, claiming the sentence was illegal because it violated his right to be free from double jeopardy under North Carolina v. Pearce.

Superior Court Brief (Derrick Harvey)
Appellant's Reply Brief (5)

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