In State v. Eigenmann, 280 N.J. Super. 331, 655 A.2d 452 (App.Div.1995), the Court affirmed the increase of a defendant's sentence after he had finished serving the illegal sentence originally imposed. Eigenmann was found guilty of first-degree aggravated sexual assault, simple assault and third-degree terroristic threats. He was sentenced as a young adult offender (N.J.S.A. 2C:43-5) to twenty-eight months' confinement. The State appealed, contending that the sentences were illegal. In an unreported opinion, we agreed with the State, holding that the court could not lawfully impose less than five-year indeterminate terms on the first- and third-degree convictions, and we remanded the case for re-sentencing. Id. at 334, 655 A.2d 452. When the matter ultimately came before a Law Division judge for resentencing, Eigenmann had fully served his twenty-eight month sentence. Ibid. He argued to the sentencing judge that double jeopardy barred any additional time and, alternatively, that any additional aggregate sentence could not exceed five years. The sentencing judge, however, sentenced him as an adult to concurrent fifteen-year terms the Court declared that Eigenmann was "in no position to dispute that his illegal 28-month sentence could be increased after he had begun serving that term." State v. Eigenmann, supra, 280 N.J. Super. at 337, 655 A.2d 452. The Court held that, although an erroneous exercise of sentencing discretion could not be corrected to a defendant's disadvantage after he had begun serving his sentence, id. at 339, 655 A.2d 452. An illegal sentence could be corrected by increasing it, even after served. Therefore, Eigenmann's right to protection against double jeopardy required him to be resentenced as a young adult offender because his original sentence as a young adult offender was a legal sentence, but that his twenty-eight month term of imprisonment was properly increased to five years because that was the minimum legal, applicable term of incarceration. State v. Eigenmann, supra, 280 N.J. Super. at 346-48, 655 A.2d 452. The Court stated, "Once service of the sentence commenced, the lawful discretionary elements of the sentence-no matter how thoughtlessly or erroneously conceived-could not be made more burdensome." Id. at 348, 655 A.2d 452. Accordingly, The Court remanded the case to sentence Eigenmann as a young adult offender to concurrent indeterminate terms of five years each. Ibid.