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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