Ind. Code § 35-50-1-5
Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served
As added by P.L.179-1984, SEC.3. Amended by P.L.74-2015, SEC.27.
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.