§ 18-1-302 — Second trial barred by former prosecution for different offense

(1) Although a prosecution is for a violation of a different provision of law than a
former prosecution or is based on different facts, it is barred by the former
prosecution under the following circumstances:

(a) The former prosecution resulted in an acquittal or a conviction as defined
in section 18-1-301 (1)(a) and (1)(c) and the subsequent prosecution is for:

(I) Any offense of which the defendant could have been convicted under the
allegation of the complaint, information, or indictment of the first prosecution; or

(II) The same conduct, unless the offense of which the defendant was
formerly convicted or acquitted and the offense for which he is subsequently
prosecuted each requires proof of a fact not required by the other and the law
defining each of the offenses is intended to prevent a substantially different harm
or evil or the second offense was not consummated when the former trial began.

(b) The former prosecution was terminated by an acquittal or by a final order
or judgment for the defendant that has not been set aside, reversed, or vacated and
that necessarily required a determination inconsistent with a fact that must be
established for conviction of the second offense.

(c) The former prosecution was improperly terminated, as improper
termination is defined in section 18-1-301 (1)(d) and (2), and the subsequent
prosecution is for an offense of which the defendant could have been convicted had
the former prosecution not been improperly terminated.

Legislative History

Source: L. 71: R&RE, p. 397, � 1. C.R.S. 1963: � 40-1-402.