Section 10 - Subsequent Prosecution(a) If prosecution is initiated against a petitioner who has successfully sought relief under this rule and a conviction is subsequently obtained, or(b) If a sentence has been set aside pursuant to this rule and the successful petitioner is to be resentenced, then the sentencing court shall not impose a more severe penalty than that originally imposed unless the court includes in the record of the sentencing hearing a statement of the court's reasons for selecting the sentence that it imposes which includes reliance upon identifiable conduct on the part of the petitioner that occurred after the imposition of the original sentence, and the court shall give credit for time served.(c) The provisions of subsections (a) and (b) limiting the severity of the penalty do not apply when: (1) a conviction, based upon a plea agreement, is set aside; (2) the state files an offer to abide by the terms of the original plea agreement within twenty (20) days after the conviction is set aside; and(3) the defendant fails to accept the terms of the original plea agreement within twenty (20) days after the state's offer to abide by the terms of the original plea agreement is filed.Ind. R. Post-Convic. Rlf. 10