Section 35-50-1-5 - Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served 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.
Amended by P.L. 74-2015, SEC. 27, eff. 7/1/2015.As added by P.L. 179-1984, SEC.3.