Utah Code 39A-5-235. Second trial on an offense prohibited

39A-5-235. Second trial on an offense prohibited.

(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.

Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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.

Renumbered and Amended by Chapter 373, 2022 General Session