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·Art. 50 SENTENCES·Ch. 1 General Provisions

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.

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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.

Indiana § 35-50-1-5 (Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.