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Code · Colorado · Title 18 — Criminal Code · Article 1 — Provisions Applicable To

18-1-301. Second trial barred by former prosecution for same offense.

459 words·~2 min read·/co/title-18-criminal-code/article-1-provisions-applicable-to/18-1-301·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If a prosecution is for a violation of the same provision of law and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:
(a)The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense even though the conviction is subsequently set aside.
(b)The former prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated, and that necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.
(c)The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction that has not been reversed or vacated, a verdict of guilty that has not been set aside and that is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two instances, failure to enter judgment must be for a reason other than a motion of the defendant.
(d)The former prosecution was improperly terminated. Except as otherwise provided in subsection
(2)of this section, there is an improper termination of a prosecution if the termination
is for reasons not amounting to an acquittal, and it takes place after the jury is sworn if the case is tried by a jury or after the first prosecution witness is sworn if trial is by court following waiver of jury trial.
(2)Termination is not improper under any of the following circumstances:
(a)The defendant consents to the termination or waives his right to object to the termination. The defendant is deemed to have waived all objections to a termination of the trial unless his objections to the order of termination are made of record at the time of the entry thereof.
(b)The trial court finds that:
(I)The termination is necessary because it is physically impossible to proceed with the trial in conformity with the law; or
(II)There is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law; or
(III)Prejudicial conduct has occurred in or outside the courtroom making it unjust either to the defendant or to the state to proceed with the trial; or
(IV)The jury is unable to agree upon a verdict; or
(V)False statements of a juror on voir dire prevent a fair trial.
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