Utah Statutes

§ 76-1-405 — Subsequent prosecution not barred -- Circumstances.

Utah·Title 76 Utah Criminal Code·Ch. 76-1 General Provisions·Part 76-1-4 Multiple Prosecutions and Double Jeopardy

A subsequent prosecution for an offense shall not be barred under the following circumstances:

(1)The former prosecution was procured by the defendant without the knowledge of the prosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentence that might otherwise be imposed; or
(2)The former prosecution resulted in a judgment of guilt held invalid in a subsequent proceeding on writ of habeas corpus, coram nobis, or similar collateral attack.

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Legislative History

Enacted by Chapter 196, 1973 General Session

Nearby Sections

15
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