Indiana § 35-50-1-5 Postconviction remedy; imposition of penalty more severe than
originally imposed; credit for time served

Indiana Statutes

§ 35-50-1-5 — Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served

Indiana § 35-50-1-5

Art. 50SENTENCES

Ch. 1General Provisions

This text of Indiana § 35-50-1-5 (Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-50-1-5 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.