Colorado Statutes
§ 18-1-304 — Former prosecution not a bar
(1)A former prosecution is not a
bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:
(a)Was before a court that lacked jurisdiction over the defendant or the
offense; or
(b)Was procured by the defendant without the knowledge of the appropriate
prosecuting official and with the intent to avoid the sentence that otherwise might
be imposed; or
(c)Resulted in a judgment of conviction that was set aside, reversed, or
vacated upon appeal or in any other subsequent judicial proceeding.
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Legislative History
Source: L. 71: R&RE, p. 398, � 1. C.R.S. 1963: � 40-1-404.
Nearby Sections
15
§ 18-1-101
Citation of title 18§ 18-1-102
Purpose of code, statutory construction§ 18-1-102.5
Purposes of code with respect to sentencing§ 18-1-103
Scope and application of code§ 18-1-1101
Definitions§ 18-1-1102
Scope§ 18-1-1103
Duty to preserve DNA evidence§ 18-1-1108
Notice - form and sufficiency§ 18-1-201
State jurisdiction§ 18-1-202
Place of trial - applicability