Utah Statutes
§ 39A-5-235 — Second trial on an offense prohibited.
Utah·Title 39A National Guard and Militia Act·Ch. 39A-5 Utah Code of Military Justice·Part 39A-5-2 Military Courts
(1)An individual may not, without the individual's written consent, be brought to trial a second time in any military or civilian court of the state for the same offense.
(2)A proceeding in which an accused has been found guilty by a military court upon any charge or specification, is not a trial under this section until the finding of guilty has become final and the review of the case has been completed.
(3)A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial under this section.
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Legislative History
Renumbered and Amended by Chapter 373, 2022 General Session
Nearby Sections
15
§ 39A-1-101
National Guard and Militia Act.§ 39A-1-102
Definitions.§ 39A-1-202
Seal of adjutant general.§ 39A-1-203
Director of joint staff -- Assistant adjutants general -- Chief of staff for the Air Force.§ 39A-2-102
Responsibilities of State Armory Board.§ 39A-3-101
Utah National Guard -- Creation.§ 39A-3-105
General officer salary and benefits.§ 39A-3-106
State active duty orders.