2020 Indiana Code
Title 35. Criminal Law and Procedure
Article 50. Sentences
Chapter 1. General Provisions
35-50-1-5. Postconviction Remedy; Imposition of Penalty More Severe Than Originally Imposed; Credit for Time Served

Universal Citation:
IN Code § 35-50-1-5 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

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.

As added by P.L.179-1984, SEC.3. Amended by P.L.74-2015, SEC.27.

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