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Indiana statute

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

Current through 2026 Regular Session

Part of Chapter 1: General Provisions, Indiana Code.

Full text of Ind. Code § 35-50-1-5

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-50-1-5Primary source, current through the 2026 Regular Session
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. However, the petitioner shall receive credit time accrued or earned while serving the previous sentence.

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This reference is informational and is not legal advice.