Indiana Code - Criminal Law and Procedure - Title 35, Section 35-50-1-5

Postconviction remedy; imposition of penalty more severe than
originally imposed; credit for time served

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, and the court shall give credit for time served.
As added by P.L.179-1984, SEC.3.

Last modified: May 24, 2006