Indiana statute
Ind. Code § 35-50-1-5 — Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served
Current through 2026 Regular Session
Part of Chapter 1: General Provisions, Indiana Code.
Full text of Ind. Code § 35-50-1-5
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 5. If: (1) prosecution is initiated against a petitioner who has successfully sought relief under any proceeding for postconviction remedy and a conviction is subsequently obtained; or (2) a sentence has been set aside under a postconviction remedy and the successful petitioner is to be resentenced; the sentencing court may impose a more severe penalty than that originally imposed. However, the petitioner shall receive credit time accrued or earned while serving the previous sentence.
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