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 |
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Terms Used In Utah Code 76-1-405
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
| (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. |
Enacted by Chapter 196, 1973 General Session
